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HomeMy WebLinkAbout1996-07-15-Regular MinutesI iI I The July 15,1996 Waukee City Council meeting was called to order at 7:00 p.m.by Mayor Donald L.Bailey,Jr.,with Toni Lestina taking minutes. Roll Call.A roll call vote was taken and the following Council Members were present:Nick Gruber,Monica Lihs,and Dan Lugar.Absent:Councilman Strain. Open Forum.None. Agenda Additions -Agenda Approval.Motion by Councilman Gruber,seconded by Councilman Lugar,to approve the Agenda.The Mayor asked for a voice vote.Motion carried 4 to O. Consent Agenda -A)7/1/96 Council Minutes;B)Bill Presentation and C)Liquor License - "The Bank".Motion by Councilman Gruber,seconded by Councilman Lugar,to approve the Consent Agenda with the addition to the Bill Presentation of $29.14 -Oxford University Press. The Mayor asked for a roll call vote:Ayes:Gruber,Lugar,Heath,and Lihs.Nays:None. Motion carried 4 to O. July 15,1996 Bill Presentation Aggregate Equip &Supply Aiistate Gutter Annear Equipment,Inc. Battery Patrol Bob Brown Chevrolet Border's Book Shop Brenton State Bank Business Publications Central Iowa Landscaping City of Clive Copy Center Jane Cox Creative Printers,Inc Daily Nonpareil Dallas County News Dawson DEMCO OM Register OM Water Works Don Janitorial Service Electrical Engineering Farmer's Coop Feslers Inc Saw &blade Gutters &Downspouts Misc.parts Batteries Parks Materials Petty cash Small business resource Sod R.U.T. Photo processing Carrie Chapman Catt Program July Newsietter Ad for City Treasurer position Ad Library,Public Hearing Materials Misc.supplies Adv Treasurer position Water usage June Custodial Service Misc.parts June purchases TestA&G $8,274.00 $130.00 $962.05 $95.25 $23.25 $38.72 $594.63 $1,185.00 $5.63 $10,147.00 $3.30 $100.00 $98.00 $32.13 $301.72 $35.15 $116.12 $720.00 $8,946.74 $200.00 $42.45 $1,439.62 $156.50 1 Fuller Standard Service Gall's Inc. Gas Products Sales Good Year Tire Government Finance H.B.Leiserowitz Co Fastpro International Inc Huscher,Paul E. Internation City/County IA Dept Natural Resources IA Municipalities Workers Ingram Library Services IADA Services,Inc IA Concrete Block IA Methodist Medical Center MidAmerican Energy IA State Education Association IA State University IA Water Pollution Jim Coons Trucking Jones Library Sales KAR Products Lakeview Medical Park Iowa League of Cities Lease Consultants Corp Mack,Linda M. Marcive Incorporated MCI Mel Northey Co Mid Prairie Books Mid-States Supply Co Momar Natural Gas Odorizing Inc NetiNS North Dallas Landfill Inc Northern Natural Gas Office Services,Inc. Olson Brothers Payless Cashways,Inc. Precision Computer Prosecuting Attorneys Pyro Magic Displays Quad City Times June purchases Nik test K Supplies Tires -Fire Chief Car Ad City Treasurer position Mise supplies First Aid Kit Supplies City vs Hestness Municipal Water Supply annual fee Installment #1 Materials LD phone Mise supplies Lab Monthly service/mob home con Bookmarks Materials IWPCACon 1"Clean 30.5 hrs Shelves Mise supplies Engerix-B/Exgenrix-B 96 Annual Dues Copy Machine Monthly expenses Records/labels Monthly service Mise supplies Book discussion material Std scothc coat pe pipe Supplies Monthly rent 50 cyl Internet Service Per Capita Fee Gas usage in June Recording mixer &micro Monthly purchases Lumber Annual License fee Iowa charging manual Fireworks display Adv City Treasurer position $192.59 $18.39 $559.60 $244.92 $30.00 $65.54 $51.10 $30.00 $39.50 $477.54 $1,126.00 $695.07 $16.95 $157.50 $16.50 $441.15 $13.50 $23.25 $130.00 $382.17 $200.00 $151.87 $1,116.00 $794.00 $72.31 $124.70 $47.67 $9.52 $766.00 $37.50 $266.40 $948.60 $80.00 $25.00 $5,116.00 $6,076.15 $273.57 $412.00 $57.96 $1,818.00 $100.00 $3,500.00 $223.61 ] I 2 Quality Ford of W.D.M. Genex R-way Concrete Roy R.Estel Memorial Library Safety-Kleen Corp Storey-Kenworthy Co Tofteland,Joy E. Traffic Marking Service United States Cellular AirTouch Cellular US West Communications U of I Hygienic Lab Utility Consultants Inc Van-Wall Equipment,Inc. Video Bread VISA Waste Management of Iowa Waterpro Supplies Corp Waukee Hardware &Variety Waukee Municipal Gas Wilson Brothers Pest Wityk,Debra Oxford University Press John Wesselmann Vision Training Center Ray James Walnut Creek YMCA Walnut Creek YMCA Walnut Creek YMCA Quality Ford Tim Sullivan US Postal Service US Postal Service US Postal Service Robert Herrick Toni Lestina Total Misc repairs Cylinder rental Concrete Lost book Waste combustible liquid Misc supplies Mileage Lines painted on streets Monthly service Phone for rescue June phone Bacteriological analysis June testing services Mower/misc parts Cassettes Monthly charges Monthly services Supplies Montly purchases Monthly gas usage Mosquito spraying June cleaning service Materials Travel expenses Intr to Computer Summer reading club SummerRec Swim lessons Swim lessons 1996 Crown Victoria Change equip. Postage various depts Utility billing July newsletter Sewer class Mileage $370.95 $41.85 $550.25 $12.75 $78.00 $117.36 $4.68 $4,937.50 $627.15 $29.95 $80.29 $99.00 $336.00 $13,688.70 $27.95 $204.68 $6,657.14 $470.50 $360.56 $186.66 $500.00 $125.00 $29.14 $220.53 $150.00 $200.00 $180.00 $248.00 $624.00 $18,062.00 $300.00 $200.00 $240.64 $216.11 $191.07 $11.60 $110,955.40 3 Welcome Wagon Proclamation.Mayor Bailey read the following Proclamation. WELCOME WAGON PROCLAMATION RECOGNITION WEEK JULY 22 -26,1996 WHEREAS,since its founding in 1928,WELCOME WAGON and its Representatives have established themselves as part of America's proud heritage,helping millions offamilies adjust to new communities and new circumstances;and WHEREAS,WELCOME WAGON has brought friendly greetings,neighborly assistance and helpful information to families and individuals in our community and,in so doing,have encouraged neighborhood involvement,strength and pride;and WHEREAS,WELCOME WAGON Representatives continue to contribute significantly to the growth of our local business community and our many civic and neighborhood organizations by introducing these valuable institutions to our community's newest members;and WHEREAS,WELCOME WAGON promotes good will,helpfulness and a solid sense of community among our new and long-standing residents by extending the warm hand of hospitality to new movers,newly engaged couples,new parents,and new citizens;and WHEREAS,WELCOME WAGON,a meaningful,community-building service,inspires the wholehearted cooperation and support of all our citizenry, NOW,THEREFORE,I Donald L.Bailey,Jr.,Mayor do hereby proclaim the week of July 22, 1996 as "WELCOME WAGON WEEK" in Waukee,and congratulate the members of this venerable organization for its contributions to building and promoting civic responsibility and spirit. IN TESTIMONY WHEREOF,I have hereunto set my hand and caused the Great Seal of Waukee to be affixed this 15th day ofJuly in the year of 1996. Set Public Hearing Date -Height Assessory Buildiugs.Mr.Mark Cuuningham spoke to the Council regarding the height requirement for assessory buildings.He would like to replace his garage (current garage 17 feet tall)with a new structure that would be 22 feet tall.The Board of Adjustments rejected his request to build the new garage at 22 feet tall. Motion by Councilman Gruber,seconded by Councilman Lugar,to send this to the Planning & Zoning Commission.The Mayor asked for a roll call vote:Ayes:Gruber,Lugar,Lihs,and j 4 ,--- Heath.Nays:None.Motion carried 4 to O. Final Plat -Windfield Plat 5.Motion by Councilman Lugar,seconded by Councilman Gruber,1£"._P to pass Resolution #96-15 for fmal plat of Windfield Plat 5.All items on the punch list will be completed by October 1,1996.The Mayor asked for a roll call vote:Lugar,Gruber,Heath,andJJ1a -/5 Lihs.Nays:None.Motion carried 4 to o. RESOLUTION NO.96-15 RESOLUTION ACCEPTING THE FINAL PLAT OF WINDFIELD PLAT 5 -A SUBDIVISION OF THE CITY OF WAUKEE,IN DALLAS COUNTY,IOWA WHEREAS,the Windfield Development Corp.Has presented the Final Plat of Windfield Plat 5, and the Waukee Planning and Zoning Commission approved this Final Plat on June 25,1996; and WHEREAS,the City Council has found this subdivision to be in conformance with its comprehensive plan; WHEREAS,the City Council has found that the final plat has met the requirements under section 354.8 of the Code ofIowa; WHEREAS,a letter has been submitted dedicating a parcel of land for park dedication as per the requirements of the City's Subdivision Ordinance; WHEREAS,there are no outstanding Special Assessment due;and NOW,THEREFORE,be it resolved that the Final Plat for Windfield Plat 5 is hereby accepted this 15th day of July,1996. Resolution Accepting Koethe Addition.This plat has no public improvements. I (1(·'1 . Motion by Councilman Gruber,seconded by Councilwoman Heath,to pass Resolution #96-16 t accepting the Final Plat of Koethe Addition.The Mayor asked for a roll cal vote:Ayes:Gruber,I 1C,(0, Heath,Lihs,and Lugar.Nays:None.Motion carried 4 to o. RESOLUTION NO 96-16 RESOLUTION ACCEPTING THE FINAL PLAT OF KOETHE ADDITION -A SUBDIVISION OF THE CITY OF WAUKEE,IN DALLAS COUNTY,IOWA 5 I I {)J !r~1\ i .\,1.'\I ~q'l( , WHEREAS,LeMar Koethe has presented the Final Plat ofKoethe Addition,and the Waukee Planning and Zoning Commission approved this Final Plat;and WHEREAS,the City Council has found this subdivision to be in conformance with its comprehensive plan; WHEREAS,the City Council has found that the Final Plat has met the requirements under section 354.8 of the Cost ofIowa; NOW,THEREFORE,be it resolved that the Final Plat for Koethe Addition is hereby approved on this 15th day ofJuly,1996. Resolution Accepting Leonard's Subdivision.This plat lies outside the City,but within two miles of the City limits. Motion by Councilman Lugar,seconded by Councilwoman Heath,to pass Resolution #96-17 with the stipulation when the Maintenance Bonds have been received and the items on the punch list must be completed by September 1,1996.The Mayor asked for a roll call vote:Ayes:Lugar, Heath,Lihs,and Gruber.Nays:None.Motion carried 4 to O. RESOLUTION NO.96-17 RESOLUTION ACCEPTING THE FINAL PLAT OF LEONARD'S SUBDIVISION PLAT 2 AND THE REPLATS OF LEONARD'S SUBDIVISION LOTS 5 AND 7 -A SUBDIVISION IN DALLAS COUNTY AND WITHIN TWO MILES OF WAUKEE'S CITY LIMITS. WHEREAS,Richard Leonard has submitted the Final Plat of Leonard's Subdivision Plat 2 and the replats of Leonard's Subdivision Lots 5 and 7,and the Waukee Planning and Zoning Commission approved these at their meeting in June 1996;and WHEREAS,the City Council has reserved its right to review plats within two miles of its City limits;and WHEREAS,the City Council has found that the Final Plat and Replats of Lots 5 and 7 have met the requirements under section 354.8 of the Code ofIowa; NOW,THEREFORE,be it resolved that the Leonard's Subdivision Plat 2 and the Replat of Leonard's Subdivision Lots 5 and 7 are hereby approved on this 15th day of July,1996. Concrete Costs for University Avenue.Motion by Councilman Lugar,seconded by Councilwoman Heath,to approve the spending of $4,000.00 to purchase concrete for the University Avenue repair.The Mayor asked for a roll call vote:Ayes:Lugar,Heath,Lihs,and 6 I Gruber.Nays:None.Motion carried 4 to O. Ordinance Adding Per Capita to Garbage Fees.Motion by Councilman Gruber,seconded by Councilman Lugar,to have the ordinance read for the 2nd time.The Mayor asked for a roll call vote:Ayes:Gruber,Lugar,Lihs,and Heath.Nays:None.Motion carried 4 to O. Motion by Councilwoman Lihs,seconded by Councilwoman Heath,to waive the 3rd reading and put the ordinance on its final passage.The Mayor asked for a roll call vote:Ayes:Lihs,Heath, Gruber,and Lugar.Nays:None.Motion carried 4 to O. The Mayor declared Ordinance No.2221 duly passed and adopted. Ordinance No.2221 AN ORDINANCE AMENDING 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,TO INCREASE COLLECTION CHARGES,BY DELETING ALL OF THE TEXT THEREOF,AND SUBSTITUTING THEREFORE THE FOLLOWING: Section 1.Chapter 213A,Waukee Municipal Code,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,is hereby deleted,and there is substituted therefor the following: Section 2.Purpose.The purpose of this ordinance is to provide for the collection of fees or charges to pay for expenses incurred in the collection,processing and marketing of solid waste and recyclable materials in Waukee. Section 3.Provision for Collection.The City Council may by contract or otherwise, provide for the collection,processing and marketing of solid waste and recyclable materials in Waukee. Section 4.Collection Charges.The fees or charges to pay for expenses incurred in the collection,processing and marketing of solid waste and recyclables shall be: A.For each single family residence,seven dollars sixty-five cents ($7.65)per month. B.For a dwelling of two (2)or three (3)units,the sum of seven dollars sixty-five cents ($7.65)per month per unit. C.Any multi-family dwelling containing four (4)or more units having a commercial 7 type of container that may be mechanically emptied,and any Mobile Home Park,C ) must follow Waukee Municipal Code provisions relating thereto,covering the mandating of Recycling at Apartments and Mobile Home Parks.Disposition of solid waste from all mobile homes,and recycling bins at multiple sites will be provided by the Mobile Home Park owner,who shall be responsible for compliance with ordinances of the City of Waukee regarding disposition of solid waste and recycling.A fee of sixty-five cents ($0.65)per month per unit will be billed by and paid to the City. D.Recycling Containers.The fee to replace a lost or stolen container shall $8.00. Containers for new homes shall be $8.00. Section 5.Collection Fees -Due Date -Penalty.All disposal and recycling fees or charges shall be due and payable monthly on the 20th day of the month.In the event any person fails to pay such fee or charge after it becomes due and payable,such fee or charge shall be considered delinquent and a penalty of one and one-half percent of such fee or charge shall be added thereto. Section 6.Delinquent Charges -Collection and Penalties.All disposal and recycling fees or charges including penalties described under section 213A.3 and section 213A.4 shall constitute a lien upon the real property of the premises served until such fees or charges are paid and shall constitute a debt and obligation of the record owner(s)of the property and of the person(s)occupying such premises,to the City.Such lien and charges may be certified by the City Clerk to the County Treasurer and collection in the same manner as taxes. ] Any partial payments made on delinquent accounts shall be pro-rated 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. Section 7.Violation -Penalty.Any person,firm or corporation violating any of the provisions of this ordinance shall,upon conviction thereof,be punished by a fine of not more than one hundred dollars or imprisomnent in the County Jail for not more than thirty days.Every day of such violation shall constitute a separate offense. Section 8.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 9.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 10.Effective Date.This ordinance shall be in effect upon its final passage, 8 approval and publication as provided by law. Passed by the Council this 15th day of July,1996,and approved this 15th day of July, 1996. FYI 1997 Wage Scale.Motion by Councilwoman Lihs,seconded by Councilman Lugar,to approve the 1996 Wage Scale retroactive to July 1st.The Mayor asked for a roll call vote:Ayes: Lihs,Lugar,Heath,and Gruber.Nays:None.Motion carried 4 to O. Ordinance Establishing The Appointment of Administrative Officials.Motion by Councilwoman Lihs to introduction the Ordinance. Motion by Councilwoman Lihs,seconded by Councilwoman Heath,to have the Ordinance read for the first time.The Mayor asked for a roll call vote:Ayes:Lihs,Heath,Gruber,and Lugar. Nays:None.Motion carried 4 to O. Motion by Councilman Gruber,seconded by Councilwoman Heath,to waive the 2nd and 3rd readings.The Mayor asked for a roll call vote:Ayes:Gruber,Heath,Lihs,and Lugar.Nays: None.Motion carried 4 to O. Motion by Councilman Gruber,seconded by Councilwoman Heath,to put Ordinance No.2222 on its final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Heath,Lugar,and Lihs. Nays:None.Motion carried 4 to O. The Mayor declared Ordinance No.2222 duly passed and adopted. ORDINANCE NO.2222 AN ORDINANCE TO AMEND CHAPTER 107 OF THE WAUKEE MUNICIPAL CODE BY DELETING THE CHAPTER IN ITS ENTIRETY AND INSERTING IN LIEU THEREOF THE FOLLOWING: BE IT ORDAINED by the Council of the City of Waukee: Section 1.Purpose.The purpose of this ordinance is to provide for the creation and appointment of municipal officers of the City,and the setting the minimum bond requirements for city officials. 107.2 Creation of appointive officers.There are hereby created the following appointive offices:City Administrator,Clerk,Police Chief,Attorney,Treasurer,Fire Chief. 107.3 Appointment of Officers.The Mayor shall appoint the Police Chief. 9 The Fire Chief shall be appointed for a term of one (1)year by the members of the volunteer fire department,with the approval of the Council. The Treasurer shall be hired by the City Administrator/Clerk,with the approval of the City Council. All other offices shall be appointed by the Council unless otherwise provided by law or ordinance. 107.4 Terms of Appointive Offices.The terms of all appointed offices that are not otherwise fixed by law or Ordinance shall be one (1)year. 107.5 Vacancies in Offices.A vacancy in an appointive office shall be filled in the same manner as the original appointment.A vacancy in an elective office shall be filled by a majority vote of all members of the City Council. 1076 Bonds Required.Each municipal officer required by law or ordinance to be bonded shall, before entering upon the duties of the office,execute to the city a good and sufficient bond,to be approved by the Mayor,conditioned on the faithful performance of the duties and the proper handling and accounting for the money and property of the City. 107.7 Surety.Any association or corporation which makes a business of insuring the fidelity of others and which has authority to do such business within Iowa shall be accepted as surety on any of the bonds. 107.8 Amount of Bonds.Each officer named shall be bonded in an amount not less than: Mayor Administrator/Clerk Treasurer $500,000 $500,000 $500,000 The Council shall provide by resolution for any blanket surety bond for any other officer or employee that the Council deems necessary.The City shall pay the premium on all official bonds. 107.9 Bonds Filed.All bonds when duly executed shall be filed with the Mayor,except that the Mayor's Bond shall be filed with the Clerk. 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 of unconstitutional,such adjudication shall not affect the validity I 10 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 15th day of July,1996,and approved this 15th day of July,1996. Acceptance of Hickman Trunk Sewer.Acceptance of this project will allow us to finalize the project and complete the billing of Veenstra &Kimm Engineering Services.A performance bond has been submitted to cover some minor work that is needed,which cannot be done until fall. Motion by Councilwoman Lihs,seconded by Councilman Lugar,to accept the 2nd phase of the Hickman Trunk Sewer Project.The Mayor asked for a roll call vote:Ayes:Lihs,Lugar,Gruber, and Heath.Nays:None.Motion carried 4 to O. North Dallas County Landfill Plan Update.State regulations call for the reduction of waste brought to landfills.Barker Environmental Service was hired by the North Dallas County Landfill to put together the 1996 Plan Update. Paul Huscher advised the Council to review the 1996 Plan Update. Financing of the 1996 Streets Projects.Tabled until after the Council Retreat. Computer Purchase.Motion by Councilman Lugar,seconded by Councilwoman Heath,to approve the purchase of a Hitachi Laptop for $2,760.00.The Mayor asked for a roll call vote: Ayes:Lugar,Heath,and Gruber.Nays:Lihs.Motion carried 3 to 1. Library Report.The Council received a written report. Utilities Committee Report.No meeting. Mayor's Report. Administrator's Report.All Job evaluations will be completed within the next week and recommendations for step increases will be brought to the next meeting. Attorney's Report -A)Annexation -Closed Session;and B)Landfill-Closed Session. Motion by Councilwoman Lihs,seconded by Councilman Gruber,to enter into closed 21.51 (C ) "To discuss strategy with Counsel in matters that are presently in litigation or where litigation is 11 imminent where its disclosure would be likely to prejudice or disadvantage the position of governmental body in that litigation".The Mayor asked for a roll call vote:Ayes:Lihs,Gruber, Heath,and Lugar.Nays:None.Motion carried 4 to O. The Council entered closed session at 9:08 p.m. The Council came out of closed session at 9:33 p.m. Motion to Adjourn at 9:35 p.m.by Councilman Gruber,seconded by Councilman Lugar.Upon voice vote the motion passed 4 to O. Attested: ;G, Kurt A.Rueckel,City Clerk ] I12