HomeMy WebLinkAbout1998-10-19-Regular MinutesThe October 19,1998 Waukee Council meeting was called to order at 7:00 p.m.by
Mayor Donald L.Bailey,Jr.
Roll Call.The Mayor asked for a roll call vote and the following Council Members were
present:Nick Gruber,Marvin Berger,Don Bailey,Bill Peard,Larry Lyon.Absent:
Robyn Heath.
Open Forum.Dr.Kerhkoff,270 HWY 6,presented a check for $1,400 on behalf of the
Waukee Business Association.Mayor Bailey and the City Council gratefully accepted the
check on behalf of the City.The funds donated came from the Fall Festival Raffle and
are to be used by the Waukee Police Department.
Agenda Additions -Agenda Approval.Motion by Councilman Peard,second by
Councilman Lyon,to approve agenda as amended by deleting item #9 "Ordinance
establishing the policy on parking areas outside of paved portions of row on rural section
of streets."The Mayor asked for a roll call vote:Ayes:Peard,Lyon,Gruber,Berger.
Nays:None.Motion carried 4 to O.
Consent Agenda.Motion by Councilman Gruber,second by Councilman Lyon,to
approve the consent agenda.A)Council Minutes 10(05/98 &10/14/98;B)Salary
Presentation and Bill Presentation:C)Approval of Class C Beer License,Application for
Sunday Sales &Cigarette License for New Casey's;D)Approval of Partial Payment
Estimate No.1 for Eastern Area Pump Station;E)Approval of Partial Payment Estimate
NO.5 for Wastewater Treatment Facility Improvements SRF Project.The Mayor asked
for a roll call vote:Ayes:Gruber,Lyon,Berger,Peard.Nays:None.Motion carried 4 to
O.
Presentation of Auditor's Report FY 1997-1998.Motion by Councilman Gruber,
second by Councilman Berger,to accept auditor's reportFY 1997-1998.The Mayor
asked for a roll call vote:Ayes:Gruber,Berger,Peard,Lyon.Nays:None.Motion
carried 4 to O.
Request to Consider Chiropractic Services in Work Comp Plan.Dr.Paul Kerkhoff
addressed council and discussed potential benefits of chiropractic services [or the City.
Motion by Councilman Peard,second by Councilman Lyon,to send the issue to the
personnel committee and have staff look into feasibility of having chiropractic services
included in workman's comp plan.The Mayor asked for a roll call vote:Ayes:Peard,
Lyon,Berger,Gruber.Nays:None.Motion carried 4 to O.
Resolutions 98-53 &98-54 Accepting Bids and Awarding Contract for Ashworth
Drive Pavement Improvements.The Mayor announced this was the time and place set
for hearing and inspection of bids for the proposed Ashworth Drive Pavement
Improvements Project.
Upon investigation,it was found that no persons had appeared and filed objections to the
proposed plans,specifications,form of contract and estimate of cost of such Ashworth
Drive Pavement Improvements Project as follows:
The Council heard said objectors and evidence for or against the proposed Ashworth
Drive Pavement Improvements Project;whereupon,the Mayor declared the hearing
closed.
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Council Member Peard introduced the following resolution and moved its
adoption,seconded by Council Member Gruber;and after due consideration thereof by
the Council,the Mayor put the question upon the motion and the roll being called,the
following named Council Members voted:
Ayes:Peard,Gruber,Berger,Lyon.
Nays:None.
Whereupon,the Mayor declared the said motion duly carried and the resolution adopted
as follows:
RESOLUTION NO.98-53
Finally approving and confirming plans,specifications,form of contract
and estimate of cost for the Ashworth Drive Pavement Improvements
Project I
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WHEREAS,this Council has heretofore approved plans,specifications,form of contract
and estimate of cost (the "Contract Documents")for the proposed Ashworth Drive
Pavement Improvements Project (the "Project"),as described in the resolution providing
for a notice of hearing on the Contract Documents for the Project and the taking of bids
therefor;and
WHEREAS,hearing has been held on objections to the Contract Documents;
NOW,THEREFORE,IT IS RESOLVED by the City Council of the City of Waukee,
Iowa,as follows:
Section 1.The Contract Documents referred to in the preamble hereof are hereby
finally approved,and the prior action of the Council approving them is hereby finally
confirmed,and the Project,as provided for in the Contract Documents,is necessary and
desirable.
Section 2.All resolutions or parts of resolutions ill conflict herewith are hereby
repealed to the extent of such conflict.
Passed and approved October 19,1998.,
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The Mayor announced that bids for the construction of the Ashworth Drive Pavement
Improvements Project had been received,opened and read by the City Clerk at 10:00
o'clock a.m.,at the Council Chambers,City Hall,on October 15,1998,and that this was
the time and place set for the consideration of such bids.
Thereupon,the City Clerk reported the results of the bidding,and the Project Engineers
made their recommendations thereon to the Council.The bids received for the
construction of the Ashworth Drive Pavement Improvements Project are as follows:
Name and Address of Bidder
Corell Contractor,Inc.
1805 Euclid
Des Moines,Iowa 50333-4100
Amount of Bid
$490,000.00
Eco Tech Contractors
4000 WestownParkway #100
West Des Moines,IA 50265
$526,864.00
The Council further considered proposals received for the proposed Ashworth Drive
Pavement Improvements Project and embodied its findings in the resolution next
hereinafter referred to.
Council Member Peard introduced the resolution next hereinafter set out,and moved that
the said resolution be adopted;seconded by Council Member Gruber;and after due
consideration thereof by the Council,the Mayor put the question upon the motion and the
roll being called,the following named Council Members voted:
Ayes:Peard,Gruber,Berger,Lyon.
Nays:None.
Whereupon,the Mayor declared the said motion duly carried and the said resolution duly
adopted.
RESOLUTION NO.98-54
Awarding contract for the Ashworth Drive Pavement Improvements
Project
WHEREAS,pursuant to notice duly published in the manner and form prescribed by
resolution of this Council and as required by law,bids and proposals were received by
the City Clerk and reported to this Council for the Ashworth Drive Pavement
Improvements Project (the "Project");and
WHEREAS,all of the said bids and proposals have been carefully considered,and it is
necessary and advisable that provision be made for the award of the contract for the
Project;
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NOW,THEREFORE,IT IS RESOLVED by the City Council of the City of Waukee,
Iowa,as follows:
Section 1.The bid for the Project submitted by the following contractor is fully
responsive to the plans and specifications for the Project,heretofore approved by the
Council,and is the lowest responsible bid received,such bid being as follows:
Name and Address of Contractor
Corell Contractor,Inc.
1805 Euclid
Des Moines,Iowa 50333-4100
Amount of Bid
$490,000.00
Section 2.The contract for the Project is hereby awarded to such contractor at the
total estimated cost set out above,the final settlement to be made on the basis of the unit
prices therein set out and the actual final quantities of each class of materials furnished,
the said contract to be subject to the terms of the aforementioned resolution,the notice of
hearing and letting,the plans and specifications and the terms of the bidder's written
proposal.
Section 3.The Mayor and City Clerk are hereby authorized and ordered to enter into
a written contract with said contractor for the Project,said contract not to be binding until
approved by resolution of this Council.
Section 4.The amount of the contractor's performance and/or payment bonds IS
hereby fixed and determined to be 100%of the amount of the contract.
Section 5.All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Passed and approved 191h day of October,1998.
Approval of Fina1 Plat -Country Club Woods Plat 5.Motion by Councilman Gruber,
second by Councilman Lyon,to approve the Country Club Woods Plat 5,Final plat.The
Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Peard,Berger.Nays:None.
Motion carried 4 to O.
Ordinance to Amend Chapter 501-Waukee Traffic Code.Councilman Gruber
introduced new traffic code ordinance.Motion by Councilman Berger,second by
Councilman Gruber,to have the City Clerk read the Ordinance in title only for the first
time.The Mayor asked for a roll call vote:Ayes:Gruber,Berger,Lyon,Peard.Nays:
None.Motion carried 4 to O.~
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Motion by Councilman Lyon,second by Councilman Peard,to waive the second and
third readings of an ordinance to amend chapter 501 of the Waukee Municipal Code.The
Mayor asked for a roll call vote:Ayes:Lyon,Peard,Gruber,Berger.Nays:None.
Motion carried 4 to O.
Motion by Councihnan Peard,second by Councihnan Gruber,to place Ordinance No.
2258 on final passage.The Mayor asked for a roll call vote:Ayes:Peard,Gruber,
Berger,Lyon.Nays:None.Motion carried 4 to O.
ORDINANCE NO.2258
AN ORDINANCE TO AMEND SECTION 501.9,WAUKEE MUNICIPAL
CODE,BY DELETING FROM SECTION 501.9(A)THEREOF SECTION 321.74 AND
INSERTING IN LIEU THEREOF 321.174;AND BY INSERTING IN SECTION 501.9
(F)A SUBSECTION INCORPORATING §321.290,CODE OF IOWA;AND BY
RENUMBERING THE PARAGRAPHS AND SUBPARAGRAPHS THEREOF.
Section 1.Amendments to Sections 501.9(A)and 501.9(F).Section
501.9(A)Waukee Municipal Code is hereby amended by deleting 321.74 and inserting in
lieu thereof 321.174;and Section 501.9(F)Waukee Municipal Code is hereby amended
inserting therein section 321.290,Code of Iowa,so that Section 501.9 of the Waukee
Municipal Code shall read as follows:
§501.9 Required Obedience to Provisions of this Ordinance and State
Law.Any person who shall willfully fail or refuse to comply with any lawful order of a
police officer,or direction of a fire department officer during a fire,or who shall fail to
abide by the provisions of this ordinance and the applicable provisions of the following
Iowa statutory laws relating to motor vehicles and the statutory law of the road is in
violation of this ordinance.These sections of the Code ofIowa are:
A 321.32,321.98,321.174,321.190,321.193,321.194 and 321.218
through 321.224 --display of registration and license to drive.
B.321.229 through 321.234 --obedience to a peace officer and
responsibility of public officers,emergency vehicles and bicycles
to obey traffic regulations.
C.321.256 through 321.260 --traffic signs,signals and markings.
D.321.261 through 321.271 --accidents and accident reporting.
E.321.275 --operation of motorcycles.
F.321.277,321.278,321.285,321.286,321.287,321.288,321.290,
and 321.294 --reckless driving,drag racing,speed,control of
vehicle and minimum speed.
t(1)Notwithstanding the foregoing provisions,the speed limit
of University Avenue for westbound traffic from the east
City limits to a point 1600 feet west of the east City limits
is 45 miles per hour and the speed limit on University
Avenue for westbound traffic a point 1600 feet west of the
east City limits west to the east line of Ashworth Drive at
its intersection with University Avenue is 45 miles per
hour.
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(2)The speed limit on Ashworth Drive between the east line of
Warrior Lane and the north line of University Avenue is 35
mph.
(3)The speed limit on Boone Drive from a distance of 1875 feet north
of the centerline of University Avenue to the north line of
University Avenue in the City of Waukee,Iowa is 35 miles per
hour.
(4)
(5)
Notwithstanding the foregoing provisions,the speed limit
on Warrior Lane between the south line of Sunrise Drive,
extended,and the north of Ashworth Drive,in the City of
Waukee is 35 miles per hour.\Notwithstanding the foregoing provisions,the speed limit
on the west half of Alice's Road,also known as R-30,from
the northern city limits to a point one mile North of
Hickman Road is 35 miles per hour.
(6)The maximum speed limit with the variable display speed
limit signs and beacons in operation shall be 25 mph.The
maximum speed limit with variable display speed limit
signs and beacons not activated shall be 35 mph.The hours
of operation shall be established by the Waukee Police
Department.
Street
Ashworth
From
75 feet east of the middle
of the intersection
at Warrior Lane &
Ashworth Drive.
Speed MPH
35/25
To
245 feet north of the
middle of the inter-
section at Ashworth
Drive &University
Avenue.
G.321.297 through 321.310 --driving on right,meeting,overtaking,
following or towing.\
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H.321.311 through 321.318 --turning and starting,signals on turning
and stopping.
1.321.319 through 321.324 --right of way.
J.321.325 through 321.334 and 321.340 --pedestrian rights and
duties and safety zones.
K.321.241 through 321.344 --railroad crossings.
L.321.353 through 321.360 --stop at sidewalks,stopping,standing
and parking.
M.321.362 through 321.371 --unattended vehicle,obstructing
driver's view,crossing median,following fire apparatus,or
crossing fire hose,and putting glass,etc.,on streets.
N.321.384 through 321.409,321.415,321.417 through 321.423
lighting equipment required and time of use.
O.321.430 through 321.434;321.436 through 321.443;and 321.447
through 321.450 --brakes,horns,sirens,mufflers,wipers,
mirrors,tires,transporting explosives.
P.321.452 through 321.463,321.465 and 321.466 --size,weight
and load.
Q.Clinging to Vehicles.No person shall drive a motor vehicle on
the streets of this city unless all passengers of said vehicle are
inside said vehicle in the place intended for their accommodation.
No person shall ride on the running board of a motor vehicle or in
any other place not customarily used for carrying passengers.No
person riding upon any bicycle,coaster,roller skates,sled,skis,
skateboard or toy vehicle shall attach the same or himself to any
vehicle upon a roadway.This section shall not apply to
emergency vehicles.
R.Exhibition Driving.Any person who intentionally drives a
vehicle within the limits of the City of Waukee,Iowa,in such a
manner that creates or causes unnecessary tire squeal,skidding or
sliding or swaying from side to side shall be guilty of exhibition
driving.Exhibition driving is prohibited.
S.Snowmobiles.321G.9,321G.l1,32IG.12,321G.13,321G.17
and 321G.20.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
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)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 19t11 day of October,1998,and approved this 19th day
of October,1998.
A complete copy of Ordinance No.2257 is available upon request at Waukee City Hall,
410 6th Street,Monday through Friday,between the hours of 8:00 a.m.and 5 :00 p.m.
Consideration of Resolution Accepting New Public Crossing Agreement for Warrior
Lane Sidewalk -Union Pacific Railroad.Motion by Councilman Berger,second by
Councilman Lyon,to table issue until the next council meeting and have staff research
cost with Union Pacific Railroad.The Mayor asked for a roll call vote:Ayes:Berger,
Lyon,Peard,Gruber.Nays:None.Motion carried 4 to O.
Consideration of Compensation for Legal Fees -Jim &Wanda Coons.Motion by
Councilman Lyon,second by CouncilmanPeard,to place $1,852.76 on the bill list for
grading and gravel on North 6th Street,to be paid to Jim Coons.The Mayor asked for a
roll call vote:Ayes:Lyon,Peard,Berger,Gruber,Nays:None.Motion carried 4 to O.
Motion by Councilman Berger,second by Councilman Peard,to pay legal expenses in
the amount of$2,007.50 to Jim Coons.The Mayor asked for a roll call vote:Ayes:None.
Nays:Berger,Peard,Lyon,Gruber.Motion failed 0 to 4.
Acceptance of Agreement to Purchase Pumping Station Parcel in Southfork Woods.
Motion by Councilman Gruber,second by Councilman Lyon,to accept agreement to
purchase pumping station parcel in Southfork Woods.The Mayor asked for a roll call
vote:Ayes:Gruber,Lyon,Peard,Berger.Nays:None.Motion carried 4 to O.
Permission to Purchase Ditch Mower and Tractor -Public Works,Motion by
Councilman Berger,second by Councilman Lyon,to purchase John Deere mower for
$7725,lease John Deere 5410,tractor for 5 years at $4,584 per year a cost of$27,510 for
a total cost of $35,23 5.The Mayor asked for a roll call vote:Ayes:Berger,Lyon,
Gruber,Peard.Nays:None.Motion carried 4 to O.
Review of Procedures for Getting on Council Agenda.Motion by Gruber,second by
Berger to have the City Administrator and the Mayor to jointly select Agenda items they
deem appropriate with the understanding that any individual council member may request )
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an item be included by directing that request to the City Administrator.The Mayor asked
for a roll call vote:Ayes:Gruber,Berger,Peard,Lyon.Nays:None.Motion carried 4 to
o.
Mayor's Report.The Mayor will be attending meeting with Dallas County
Development;Bremeyer Group to be in town October 21"&22nd conducting interviews
with Mayor,Council,staff,and citizens;information also provided on staffing changes at
the Des Moines Chamber of Commerce;the Mayor relayed information conveyed to him
via letters from Ron Marr,The Chamber of Commerce and Rankin Communication
Systems;also noted was the issue of sidewalks in front of the High School and the work
being done by the Public Safety Committee in cooperation with the school.
Administratnr's Report.Administrator Pro-tem,Bob Hays gave brief summary of
activities and issues of concern to the council.
Parks Committee Report.Parks report provided the council in packet.Councilman Bill
Peard gave brief summary.Councilman Peard requested to have payment for services
provided by high school band members placed on next agenda.
Library Report.Library report provided in the council packet.Councilman Marvin
Berger gave brief summary of activities and developments.
Attorney's Report.City Attorney,Paul Huscher gave attorney's report.
Adjournment.Motion by Councilman Lyon,second by CouncilmanPeard,to adjourn
the meeting at 9:08 p.m.The Mayor asked for a roll call vote:Ayes:Lyon,Peard,
Berger,Gruber.Nays:None.Motion carried 4 to O.