HomeMy WebLinkAbout1999-05-17-Regular MinutesThe May 17,1999 City Council meeting was called to order at 7:00pm by Mayor Donald
L.Bailey,Jr.
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\Roll Call.The Mayor asked for a roll call vote and the following Council Members were
present:Nick Gruber,Marvin Berger,Mayor Donald L.Bailey,and Bill Peard.Absent:
Larry Lyon and Robyn S.Heath.
Open Forum.Jay Oxenford -addressed the issue of sidewalks at the five-way stop to
the high school.There was a deadline of May 1st for the school to have the sidewalks
completed.If this date is correct,this should be addressed and the sidewalks put in
immediately and the fencing removed.This deadline should be enforce.Everyday our
children are put at risk walking to school without the sidewalks.Mayor Bailey stated the
delay might be due to schools events.The Boone Drive sidewalks are also a problem.
There are only 90 days to have the sidewalks completed before school restarts in the fall.
There is a problem with speeding on Boone Drive.Jay asked to have this issue put on the
agenda regarding sidewalks put on both sides of Boone Drive.
Agenda Additions -Agenda Approval.Motion by Councilman Berger,Councilman
Peard,to approve the agenda with item #15 -Final Plat Approval for Southfork Woods
deleted.The Mayor asked for a voice vote.Motion carried.
Consent Agenda -A)Approval Council Miuutes 5/3/99 &5/10/99;B)Approval of
Bills and Payroll.Motion by Councilman Gruber,seconded by Councilman Peard,to
approve the consent agenda.The Mayor asked for a roll call vote:Ayes:Gruber,Peard,
and Berger.Nays:None.Motion carried 3 to O.
DATE 5/18/1999
REGISTER REPORT
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CITY OF WAUKEE,IOWA CLAIMS
ADVANCED DRAINAGE SYSTEM
AGRI DRAIN CORP
AIRTOUCH CELLULAR
AIRTOUCH PAGING
ALLEGRA
ALLENDER BUTZKE ENGINEER
AMC SALES INC
ARAMARK UNIFORM SERVICES
ARENTSEN,MARK J
BAILEY JR.,DONALD L.
BANKERS TRUST COMPANY
BERGER,MARVIN
BILL RHINER'S PLUMBING
BRENTON BANK -P.C.POLl
BRENTON STATE BANK
BREUER,GREGORY A.
BRITTAIN'S STANDARD PART
BROWN SUPPLY CO INC.
359.75
41.41
31.79
151.09
144.96
283.42
107.90
54.64
1,826.13
343.59
377,607.50
88.53
300.00
142.33
199.36
1,054.97
36.54
132.91
l)
BURGER,MARVIN
BURWELL,HOPE
CAPITAL SANITARY SUPPLY
CELLULAR ADVANTAGE INC.
CENTER POINT PUBLISHING
CENTRAL IOWA LANDSCAPING
CENTRAL IOWA REGIONAL LI
CFI TIRE SERVICE
CHARLENE WILSON
CLASSIC FLORAL &GIFTS
CLEMENT COMMUNICATIONS
CONSTRACTORS MACHINERY I
CORRELL CONTRACTOR INC
CREATIVE PRINTERS INC
DAGGETT,WILLIAM J
DALLAS COUNTY NEWS
DALLAS COUNTY RECORDER
DANKO EMERGENCY EQUIPMEN
DAWSON
DES MOINES WATER WORKS
DESIGN ALLIANCE INC
DEZEEUW,DAVID S.
DIANNA VAN ZEE
DM ASPHALT AND PAVING CO
ED M FELD EQUIPMENT CO
EFTPS
ELECTRICAL MATERIALS CO
ELIZABETH RICHARDSON
EMERGENCY MEDICAL PROD
EVANS,ROBERT G.
FARM &HOME PUBLISHERS L
FARMERS COOP ELEVATOR
FETTERMAN,GREGORY S.
FIRST NATIONAL BANK
FLATER,PATRICK J.
FORD,ELIZABETH A.
FRAPPE'
FULLER STANDARD SERVICE
GALL'S INC
GIBSON,JOHN R.
GREAT AMERICAN OUTDOOR
GREG FETTERMAN
GROEBNER &ASSOCIATES IN
GRUBER,NICHOLAS C.
HAYS,R.E.
HEATH,ROBYN R
HERRICK,ROBERT D.
124.94
232.62
111.35
19.95
44.31
20.50
10.00
127 .44
100.00
106.18
143.00
398.90
94,420.01
275.00
942.61
655.75
50.50
369.59
17.51
11,630.76
2,079.20
898.24
255.00
440.08
2,000.00
9,166.44
64.31
100.00
782.70
918.54
28.60
1,542.96
1,142.90
730.00
711.69
739.80
28.00
400.98
95.40
1,097.63
73.54
75.00
3,600.24
92.22
21,172.25
97.51
868.55
HIGHSMITH COMPANY
HORKEY,ROBIN R.
HUSCHER,PAUL E
HYDRO KLEAN
HYVEE
IA AMERICAN FIREFIGHTING
IA DEPT OF TRANSPORTATIO
IADA SERVICES INC
IKON OFFICE SOLUTIONS
INGRAM LIBRARY SERVICES
IOWA SUPREME COURT
IPERS
IPERS -POLICE
J &M LOCK &KEY SERVICE
J.G.SERVICES
JIM COONS TRUCKING
JONES,HARRY N.
KELLER,CHRISTOPHER M.
KIENE,MATT R.
LAW ENFORCEMENT EQUIPMEN
LELAND PERKINS
LESTINA,TONI
LESTINA,TONI L.
MACK,LINDA
MACK,LINDA M.
MARTIN MARIETTA AGGREG
MATT PARROTT &SONS CO
MERRITT COMPANY INC
METRO UNIFORMS
MID AMERICAN ENERGY
MORAIN,TOM
MURPHY-PETERSEN,DEVON
NATIONAL DIRECTORY OF
NET INS
NEWMAN TRAFFIC SIGNS
NORWEST BANK IOWA,NA
O'HALLORAN INTERNATIONAL
OLSON BROTHERS
OLSON,SCOTT A.
PEARD,WILLIAM
PEOPLES SAVINGS BANK
PERKINS,LELAND E.
PETERSEN,JOHN PATRICK
PHILLIPS,LARRY J.
PITNEY BOWES INC
POPP,SHAWN DAVID
PRATT AUDIO-VISUAL
77 .29
938.97
100.00
365.75
70.00
90.50
713.15
83.23
185.75
770.66
1,865.20
1,955.74
1,366.47
7.50
240.00
4,500.27
234.64
482.88
289.06
50.90
600.00
73.03
761.97
93.00
828.69
42.45
107.37
240.00
69.90
295.50
332.40
746.07
99.00
50.00
33.61
128,958.78
209.46
130.65
680.69
88.53
5,178.25
200.29
259.15
1,257.28
360.00
772.11
177.50
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PRAXAIR
QUALITY FOR OF WDM
R-WAY CONCRETE
RICHARDSON,ELIZABETH A
ROBINSON,KIMBERLY A.
ROGERS,LADEAN
ROYER,TIMOTHY L.
RYAN,RICHARD J.
SCHMITT,MARK J.
SCHROEDER,MELANIE L.
SMITH'S SEWER SERVICE IN
STOREY-KENWORTHY COMPANY
STREICHER'S
SWANEY EQUIPMENT COMPANY
TIMOTHY ROYER
TOYNE'S IA FIRE TRUNK
TREASURER,STATE OF IOWA
TRIPLETT OFF ESSENTIALS
UNIVERSITY PHOTO
US ENERGY SERVICES INC
US FILTER/WATERPRO
US POSTAL SERVICE
US WEST COMMUNICATIONS
UTILITY CONSULTANTS INC
VAN-WALL EQUIPMENT INC
VANZEE,DIANNA L.
VISA
WASTE MANAGEMENT OF IOWA
WAUKEE AUTO WASH
WAUKEE FIRE ASSOCIATION
WAUKEE HARDWARE &VARlET
WAUKEE LAWN &TIMBER EQU
WAUKEE MUNICIPALUTILITIE
WEBBER,PHIL
WEBSTER ELECTRIC
WHITE,DANNY L.
WILLIAMS,MIKE
WILLIAMS,MIKE E.
WILLIAMS,VALERIE J.
WILSON,CHARLENE G.
WINNEBAGO SOFTWARE CO
WINTERS,TROY S.
ZOLL MEDICAL CORP
GRAND TOTALS
FUND TOTALS
130.58
388.12
266.50
665.52
297.80
150.00
929.90
259.15
86.74
135.06
300.00
105.96
22.50
250.45
100.00
396.00
1,393.51
156.25
5.62
4,165.23
889.32
33.00
181.55
427.00
10,656.00
513.49
380.02
8,682.93
192.50
1,169.97
274.10
30.35
747.81
366.96
82.60
893.85
64.84
92.35
326.45
1,339.27
67.00
697.08
1,525.50
738,781.99
010
060
110
321
323
510
520
540
570
590
GENERAL FUND
ROAD USE TAX FUND
DEBT SERVICE FUND
PUBLIC SAFETY BUILDING
ASHWORTH DRIVE PAVING CONST
WATER UTILITY FUND
SEWER UTILITY FUND
GAS UTILITY FUND
UTILITY BILL FUND
SOLID WASTE COLLECT &RCYCL FUND
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82,532.63
9,809.48
382,915.75
2,362.62
94,420.01
13,289.62
131,295.23
12,522.70
1,148.93
8,485.02
738,781.99
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Ordinance No.2281-Defining Position of City Administrator/Clerk.The Mayor
read a letter from Mayor Kelly from Indianola.
Motion by Councilman Gruber,seconded by Councilman Berger,to have the City Clerk
read the ordinance for the third time in title only.The Mayor asked for a roll call vote:
Ayes:Gruber,Berger,and Peard .Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Councilman Peard,to place the ordinance on
fmal passage.The Mayor asked for a roll call vote:Ayes:Berger,Peard,and Gruber.
Nays:None.Motion carried 3 to O.
ORDINANCE NO.2281 ))AN ORDINANCE TO AMEND CHAPTER 108.6,BY DELETING
SECTION 108.6,PROVIDING FOR DUTIES AND POWERS OF THE CLERK,
WAUKEE MUNICIPAL CODE,AND INSERTING IN LIEU THEREOF
SECTION 108.6 TO PROVIDE FOR CREATION OF THE POSITION OF CITY
ADMINISTRATOR/CLERK;AND PROVIDE FOR THE APPOINTMENT,
COMPENSATION,DUTIES,RESIDENCE,AND RESPONSIDILITIES OF THE
CITY ADMINISTRATOR/CLERK
BE IT ORDAINED by the City Council of the City ofWankee:
Section 1.Amendment.That the Wankee Municipal Code be,and the same
is hereby amended by deleting Section 108.6 in its entirety and adopting in lieu thereof
the following new Section 108.6,as follows:
108.6 City Administrator/Clerk
A.Purpose.By virtue of the authority conferred by Chapter 372,Code of
Iowa,the office of City Administrator/Clerk for the city is hereby created.
B.Appointment and Term.The City Administrator/Clerk shall be
appointed by a majority vote of the council at a regular meeting of such I)
body.The City Administrator/Clerk shall hold office at the pleasure of the
council and shall be subject to removal by a majority vote thereof.
C.Compensation.The City Administrator/Clerk shall receive such annual
salary as the council shall,from time to time,determine by resolution,and
time of payment shall be fixed in accordance with that for other Waukee
municipal employees.
D.Duties.The City Administrator/Clerk is the chief administrative officer of
the city.The duties of the City Administrator/Clerk are as follows:
1.City Clerk.The City Administrator/Clerk shall have and perform
all those powers,duties and responsibilities imposed upon the
position of City Clerk by Law,Ordinance or city council directive
including,but not limited to the following:
a.Prepare and publish a condensed statement of council
proceedings to include the total expenditure from each city
fund.TIle statement shall further include a list of all claims
allowed,a summary of all receipts and the gross amount of
the claims.
b.Record each measure taken by the council,stating where
applicable whether the mayor signed,vetoed,or took no
action on the measure and what action the council made
upon the mayor's veto.
c.Cause to be published all ordinances and amendments
enacted by the city.All such measures,except motions,
shall be authenticated with the City Administrator/Clerk's
signature,certifying the time and place of publication when
required.
d.Maintain copies of all effective city ordinances and codes
for public use.
e.Publish notice of public hearings,elections and other
official actions as required by state and city law.
f.Certify all measures establishing any zoning district,
building lines,or fire limits,and a plat showing each
district,lines or limits to the recorder of the county
containing the affected parts of the city.
g.Following council adoption of the budget,certify the
necessary tax levy for the following year to the county
auditor and the county board of supervisors.
h.Prepare the annual public report,publish it,and send a
certified copy to the state auditor and other state officers as
required by law.
1.Maintain all city records as required by law.
J.Have custody and be responsible for the safekeeping of all
writings or documents in which the municipality is a party
in interest unless otherwise specifically directed by law or
ordinance.
k.Furnish upon request to any municipal officer a copy of any
record,paper or public document under the City
Administrator/Clerk's'control when it may be necessary to
such officer in the discharge of the officer's'duty.The
City Administrator/Clerk shall furnish a copy to any citizen
when requested upon payment of the fee set by council
resolution.
I.The City Administrator/Clerk shall,under the direction of
the mayor or other authorized officer,affix the seal of the
corporation to those public documents or instruments,
which by ordinance are required to be attested,by the
affixing of the seal.
m.Provide for and preserve a correct record of the
proceedings of meetings of all committees,boards and
commissions of the city.
n.Keep and file all communications and petitions directed to
the city council or to the city generally.The City
Administrator/Clerk shall endorse thereon the action of the
city coun2il taken upon matters considered m such
communications and petitions.
o.Issue all licenses and permits approved by the council,and
keep a record of licenses and permits issued which shall
show date of issuance,license or permit number,official
receipt number,name of person to whom issued,term of
license or permit,and purpose for which issued.
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p.Inform all persons appointed by the mayor or city council
to offices in the municipal government of their position and
the time at which they shall assume the duties of their
office.
q.Compile and preserve a complete record of every city
election,regular or special,and perform duties required by
law or ordinance of the city clerk in regard to elections.
r.Post an agenda of all council meetings as required by law
and list on the agenda all items requested by the mayor or
any council member.
2.General.See that all resolutions,ordinances,laws,council and
mayor directives and approved operational policies are both
faithfully enforced and executed or referred to the proper official
for compliance thereof.
3.Attend Council Meetings.Attend all meetings of the council
unless otherwise excused by the mayor or council.
4.Recommendations.Recommend to the mayor and council such
measures,as the City Administrator/Clerk deems necessary or
expedient for good efficient government,and the general welfare
of the city.
5.Supervision.Have general responsibility for the supervision,
direction,and administration of all departments,offices,
employees,functions and services of the city,and be directly
responsible to the council for the proper function of the same.
6.Liaison.Maintain liaison with citizens,businesses,developers,
builders,engineers and other governmental agencies.
7.Contracts.Be responsible for the supervision and performance of
all contracts for work and services to be done for the city,except as
specified otherwise in said construction or service program
involved.
8.Agreements;Contracts.Maintain an accounting of all obligations,
agreements,conunitments and contractual franchises involving the
city and report to the mayor and council any deviations from the
exact terms as specified.
9.Negotiations.Represent the city in all negotiations properly
entered into in accordance with law or ordinance.
10 Purchasing.Direct the purchasing of all connnodities,materials,
supplies,capital outlay and services for all departments of the city
that have been budgeted and appropriated by resolution of the
council,and enforce a program to determine that such purchases
are received and are of the quality and character called for in the
order.
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II.Appoint and Employ.Have the power to appoint or employ all
officers and employees to fill authorized positions with the
exception of the city attorney,police department and fire
department personnel.The appointment or employment of officers
or employees at the department head level is subject to council
approval.
12.
13.
Suspension or Discharge of Employees.Have the power to
suspend without payor discharge summarily any officer or
employee which the City Administrator/Clerk has the power to
appoint or employ,subject,however,to the provisions of the
Veteran's Preference Law,Chapter 35C of the Code of Iowa and
applicable provisions of THE HANDBOOK FOR EMPLOYEES
OF THE CITY OF WAUKEE.The suspension or discharge of
officers or employees at the department head level is subject to
review and confirmation by the council.
Emergency Employees.Have the authority to employ any person
for emergency purposes as deemed necessary for the welfare of the
city,but in no case shall said employment be extended after the
first council meeting following the date of employment,unless
otherwise approved by vote of the council.
14.Buildings and Equipment.Supervise the management of all
buildings,structures and land under the jurisdiction of the council,
and be charged with the care and preservation of all city-owned
equipment,tools,machinery,appliances,supplies and connnodities
under the control of employees or departments,over which the
City Administrator/Clerk has,by this section,specific authority.
15.Financial Conditions.Keep the mayor and council fully advised of
the fmancial and other conditions of the city.
16.Annual Budget.Prepare and submit to the mayor and council an
annual budget in the manner as prescribed by law.
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17.Business Affairs.See that all business affairs of the city are
conducted by modem,approved methods and in an efficient
manner.
18.Records.Be responsible at all times for the maintenance of
accurate and current records of all affairs of the departments under
the jurisdiction of the City Administrator/Clerk,and in a form
acceptable by the council.Copies of such reports shall be available
for public inspection.
19.Council Committees.Assist the council committees in the
execution of their reviews,investigations,reports and assignments,
and provide administrative support in compliance with their
directives.
20.Delegated Powers.Perform duties and have direct authority on all
matters delegated by council action.
21.Administrative Support.Provide administrative support and
assistance to the mayor and perform duties in the coordination of
all phases of mnnicipal activity as directed by the mayor and
conncil.
E.RESIDENCE.The City Administrator/Clerk shall establish
residence in the City of Waukee pursuant to terms agreed to upon
appointment and confirmation.
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 nnconstitutional,such adjudication shall not affect
the validity of the ordinance as a whole or any section,provision,or part thereof not
adjudged invalid or nnconstitutional.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Conncil this 17th day of May,1999,and approved this 17th day of
May,1999.
Ordinance No.2282 -Providing for the Appointment &Qualification of Municipal
Officers.Motion by Councilman Peard,seconded by Councilman Berger,to have the
City Clerk read the ordinance for the third time in title only.The Mayor asked for a roll
call vote:Ayes:Peard,Berger,and Gruber.Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded Councilman Gruber,to place the ordinance on
final passage.The Mayor asked for a roll call vote:Ayes:Berger,Gruber,and Peard.
Nays:None.Motion carried 3 to O.
ORDINANCE NO.2282
AN ORDINANCE TO AMEND CHAPTER 107.2,BY DELETING
SECTION 107.2,CREATION OF APPOINTIVE OFFICERS,WAUKEE
MUNICIPAL CODE,AND INSERTING IN LIEU THEREOF SECTION 107.2 TO
PROVIDE THAT APPOINTIUVE OFFICERS OF THE CITY OF WAUKEE
SHALL BE CITY ADMINISTRATOR/CLERK,POLICE CHIEF,ATTORNEY
AND FIRE CIDEF.
BE IT ORDAINED by the City council of the City of Waukee:
Section I Amendment.That the Waukee Municipal Code be,and the same
is hereby amended by deleting Section 107.2 in its entirety and adopting in lieu thereof
the following new Section 107.2.
§I 07.2 Creation of appointive officers.There are hereby created the
following appointive officers:City Administrator/Clerk,Police Chief,City Attorney and
Fire Chief.
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 17th day of May,1999,and approved this 17th day of May,
1999.
Ordinance No.2283 -Defining Powers &Duties of Mayor.Motion by Councilman
Gruber,seconded by Councilman Peard,to the City Clerk read the ordinance for the third
time in title only.The Mayor asked for a roll call vote:Gruber,Peard,and Berger.Nays:
None.Motion carried 3 to O.
Motion by Councilman Gruber,seconded by Councilman Berger,to place the ordinance
on final passage.The mayor ask for a roll call vote:Ayes:Gruber,Berger,and Peard.
Nays:None.Motion carried 3 to O.
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ORDINANCE NO.2283
AN ORDINANCE TO AMEND CHAPTER 108,SECTION 108.SA,BY
DELETING SECTION 108.5A,PROVIDNG FOR DUTIES AND POWERS OF
THE MAYOR,WAUKEE MUNICIPAL CODE,AND INSERTING IN LIEU
THEREOF SECTION 108.5A TO PROVIDE THAT THE MAYOR SHALL HAVE
SUPERVISORY DUTIES EXCEPT FOR SUCH DUTIES WHICH HAVE BEEN
DELEGATED BY LAW TO THE CITY ADMINISTRATOR/CLERK;AND
PROVIDING THAT THE MAYOR SHALL HAVE THE POWER TO EXAMINE
ALL FUNCTIONS OF THE MUNICICP AL DEPARTMENTS,THEIR
RECORDS,AND TO CALL FOR SPECIAL REPORTS FROM DEPARTMENT
HEADS AT ANY TIME.
BE IT ORDAINED by the City council of the City of Waukee:
Section 1 Amendment.That the Waukee Municipal Code be,and the same
is hereby amended by deleting Section 108.5 A in its entirety and adopting in lieu thereof
the following new Section 108.5 A.
§108.5A The Mayor is the chief executive officer of the city.Except for the
supervisory duties which have been delegated by law to the city administrator,the mayor
shall supervise all city officers and departments.The mayor shall have the power to
examine all functions ofthe municipal departments,their records,and to call for special
reports from department heads at any time.
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 tins 17th day of May,1999,and approved this l7tl1 day of May,
1999.
Discussion of City Logo -Signs.The Mayor and City Council discussed the design,
size and placement of the city sign.
Prioritizing Mayor and Council Goals.Table until the June7th City Council meeting
Utility Collection for Delinquent Bills.Motion by Councilman Gruber,seconded by
Councilman Peard,to enter into agreement with Transworld Systems establishing the
collection of 50 accounts not to exceed $497.50.The Mayor asked for a roll call vote:
Ayes:Gruber,Peard,and Berger.Nays:None.Motion carried 3 to O.
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)Approval of Request for Proposal for Comprehensive Development Plan.Motion by
Councilman Peard,seconded by Councilman Berger,to have staff proceed with selection
of a firm to prepare a new Comprehensive Development Plan and include Planning and
Zoning in the development process.The Mayor asked for a roll call vote:Peard,Berger,
and Gruber.Nays:none.Motion carried 3 to O.
Discussion of Parking and Truck Traffic on Laurel Street.The Council directed Paul
Huscher,City Attorney,to write an ordinance to allow no parking on Laurel Street from
6:00 am to 6:00 pm,Monday through Friday and parking any time on weekends.
The City Council directed John Gibson,Public Works Director,to check with Veenstra &
Kimm regarding Laurel Street weight limits.
Acceptance of Subdividing of Bormann Property.Table until the June 7th City Council
meeting.
Final Plat Approval-Southfork Woods.Deleted
Resolution No.99-50 -Partial Payment Estimate No.3 -Ashworth Drive Payment
Improvements.Motion by Councilman Gruber,seconded by Councilman Berger,to
accept Resolution No.99-50 entitled "RESOLUTION APPROVING PARTIAL PAY
ESTIMATE NO.3 FOR THE ASHWORTH DRIVE PAVEMENT IMPROVEMENTS
IN THE AMOUNT OF $94,420.01 TO CORREL CONTRACTORS INC.The Mayor
asked for a roll call vote:Ayes:Gruber,Berger,and Peard.Nays:None.Motion carried
3 to O.
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Resolution No.99-51 -Change Order for Sub-Grade on V Avenue.Motion by
Councilman Gruber,seconded by Councilman Berger,to accept Resolution No.99-5 I to
the change order for sub-grade on V Avenue for $27,920.The Mayor asked for a roll
call vote:Ayes:Gruber,Berger,and Peard.Nays:None.Motion carried 3 to O.
Resolution No.99-52 -Designation of Street Name running through Southfork
Words,Brentwood and Belfry -Graut Street.Motion by Councilman Gruber,
seconded Councilman Berger,to accept Resolution No.99-52 to have the street running
through Southfork Woods,Belfry Estates,Brentwood developments named Grant Street
after the founder of Waukee -Maj or General Lewis A.Grant.The Mayor asked for a
roll call vote:Ayes:Gruber,Berger,and Peard.Nays:None.Motion carried 3 to O.
Permission to Purchase Used Air Compressor -Public Works.Motion by
Councilman Peard,seconded by Councilman Gruber,to approve the purchase of a used
air compressor from James W.Bell for the price of $3,500.The Mayor asked for a roll
call vote:Ayes:Peard,Gruber,and Berger.Nays:None.Motion carried 3 to O.1J
Citizen Request to Reduce Water Bill-Loah Jean Grabill.Motion by Councilman
Peard,seconded by Councilman Berger,to forgive the sewer portion of the utility bill in
the amount of $170.28.The Mayor asked for a roll call vote:Ayes:Peard,Berger,and
Gruber.Nays:None.Motion carried 3 to O.
Consideration of $60,000 Temporary Line of Credit to the Library Foundation from
the City of Waukee General Fund.After a lengthy discussion,the Council tabled this
item until the June 7tl1 City Council meeting.
Report on City's Bonding Capacity.The Mayor and City Council reviewed the City's
Bonding capacity.
Discussion of Council Policy for Bonding Capacity.Council rule of thumb is 25%but
that does not mean it won't ever go below 25%.
Request to Extend Burning Ordinance.Motion by Councilman Gruber,seconded by
Councilman Peard,to have the City Clerk read the ordinance for the first time in title
only.The Mayor asked for a roll call vote:Ayes:Gruber,Peard,and Berger.Nays:
None.Motion carried 3 to O.
Ordinance No.2284 To Allow for the Construction of Monument Signs.Motion by
Councilman Peard,seconded by Councilman Grnber,to have the City Clerk read the
ordinance for the second time in title only.The Mayor asked for a roll call vote:Ayes:
Peard,Gruber,and Berger.Nays:None.Motion carried 3 to O.
Motion by Councilman Gruber,seconded by Councilman Berger,to waive the third
reading.The Mayor asked for a roll call vote:Ayes:Gruber,Berger,and Peard.Nays:
None.Motion carried 3 to O.
Motion Councilman Berger,seconded by Councilman Gruber,to place ordinance on its
final passage.The Mayor asked for a roll call vote.Ayes:Berger,Gruber,and Peard,
Nays:None.Motion carried 3 to O.
ORDINANCE NO.2284
AN ORDINANCE TO AMEND SECTION 301.8K,WAUKEE MUNICIPAL
CODE,BY ADDING A NEW SECTION TO ALLOW FOR THE ERECTION OF
FREESTANDING MONUMENT INDENTIFICATION SIGNS.
Section!.Amendment.Section 30!.8K,Waukee Municipal Code is hereby
amended by adding a new section to allow for the erection of freestanding monument
identification signs as follows:
§30!.8K (5)Monument Signs.One (I)freestanding monument identification
sign shall be permitted for each frontage of a lot,or one (1)sign for each three-hundred
(300)feet of street,whichever is greater.
a.Proposed Monument Signs drawings and specifications shall be submitted
along with a site plan and materials list to the City Code compliance
officer for review and submittal to the Planning and Zoning Commission
and the City Council.The City Council shall have the right to approve or
reject said signage in accordance with the City Code.
The following freestanding monument identification signs,shall be permitted within the
following zoning districts by use.
Zoning Monument Sign Allowed Maximum Size Maximum Minimum
District (square feet)Height (feet)Setback (feet)
A-I Yes 80 10 20
AR*Yes 40 10 15
C-l Yes 80 10 15
C-IA Yes 80 10 15
C-2 Yes 80 10 15
C-3 Yes 80 10 15
C-4 Yes 80 10 15
COS No ---------
M-l Yes 80 10 20
M-IA Yes 80 10 20
M-2 Yes 80 10 20
R-l *Yes 40 10 15
R-2*Yes 40 10 15
R-3*Yes 40 10 15
R-4*Yes 40 10 15
R-5*Yes 40 10 15
R-6*Yes 40 10 15
'In areas so designated the placement and erection of Monument signs is restricted to
entry signs placed in the first lot upon enter into a development,no other exceptions will
be allowed or allowances made.Monument signs within developments are restricted in
content,to only allow for the name of the development and such artwork as may be in
keeping with the residential nature of the area in question.
)
l)
Section 2.Repealer.All ordinances or part 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 17th day of May,1999,and approved this 17th day of
May,1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Ordinance No.2285 Defining Unlawful Assembly.Motion by Councilman Peard,
seconded by Councilman Gruber,to have the City Clerk read the ordinance for the first
time in title only.The Mayor asked for a roll call vote:Ayes:Peard Gruber,and Berger.
Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Councilman Peard,to waive the second and
third readings.The Mayor asked for a roll call vote:Ayes:Berger,Peard,and Gruber,
Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Councilman Gruber,to place the ordinance
on final passage.The Mayor asked for a roll call vote:Ayes:Berger,Gruber,and Peard.
Nays:None.Motion carried 3 to O.
ORDINANCE NO.2285
AN ORDINANCE DEFINING THE CRIME OF UNLAWFUL ASSEMBLY,AND
PROVIDING THE PUNISHMENT THEREFOR.
UNLAWFUL ASSEMBLY
§609.1 Unlawful Assembly.An unlawful assembly is three or more
persons assembled together,with them or any of them acting in a violent manner,and
with intent that they or any of them will commit a public offense.A person who
willingly joins in or remains a part of an unlawful assembly,knowing or having
reasonable grounds to believe that it is such,commits a simple misdemeanor.
§609.2
misdemeanor.
Violations.Violation of any provision of this chapter is a simple
§609.3 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§609.4 Severablity Clause.If any section,prOVISIOnor 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.
§609.5 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 1ih day of May,1999,and approved this 1ih day of May,
1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Ordinance No.2286 Defining Crime of Failure to Disperse.Councilman Gruber,
seconded Councilman Peard,to have the City Clerk read ordinance for the first in title
only.The Mayor asked for a roll call vote:Ayes:Gruber,Peard,and Berger.Nays:
None.Motion carried 3 to O.
Motion by Councilman Gruber,seconded by Councilman Berger,to waive the second
and third readings.The Mayor asked for a roll call vote:Ayes:Gruber,Berger,and
Peard.Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Councilman Peard,to place the ordinance on
final passage.Motion carried 3 to O.Motion carried 3 to O.The Mayor asked for a roll
call vote:Ayes:Berger,Peard and Gruber.Nays:None.Motion carried 3 to O.
ORDINANCE NO.2286
AN ORDINANCE DEFINING THE CRIME OF FAILURE TO DISPERSE,AND
PROVIDING THE PUNISHMENT THEREFOR.)
)FAILURE TO DISPERSE
§61 0.1 Failure to Disperse.A peace officer may order the participants in
a riot or unlawful assembly ,or persons in the immediate vicinity of a riot or unlawful
assembly to disperse.A person within hearing distance of such command,who refuses to
obey,commits a simple misdemeanor.
§61O.2 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§61O.3 Severablity Clause.If any section,provision or partr 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.
§61O.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 17th day of May,1999,and approved this 17th day of May,
1999.}
.J
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Ordinance No.2287 Regulating Parades.Motion by Councilman Gruber,seconded by
Councilman Berger,to have the City Clerk read ordinance for the first time in title only.
The Mayor asked for a roll call vote:Ayes:Gruber,Berger,and Peard.Nays:None.
Motion carried 3 to o.
Motion by Councilman Berger,seconded by Gruber,to waive the second and third
readings.The Mayor asked for a roll call vote:Ayes:Berger,Gruber,and Peard.Nays:
None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Councilman Peard,to place the ordinance on
fmal passage.The Mayor asked for a roll call vote:Ayes:Berger,Peard,and Gruber.
Nays:None.Motion carried 3 to o.
ORDINANCE NO.2287
AN ORDINANCE REGULATING PARADES AND PROVIDING THE
PUNISHMENT FOR VIOLATIONS OF REGULATIONS THEREOF.
UNLAWFUL ASSEMBLY
§611.1 Parades Regulated.No person shall conduct,cause or participate in any
parade except as provided herein:
A."Parade"Defined."Parade"means any march or procession of fifteen
(15)or more persons,with or without vehicles,organized for marching or
moving on the streets,sidewalks,or other public ways in an organized
fashion,or any march or procession of persons or vehicles represented or
advertised generally to the public as a parade.
B.Permit Required.No parade shall be conducted without first obtaining a
written permit from the police chief of the City.
1.Permit Application.The permit application must be made in
writing not less than three (3)days in advance of the parade and
shall state:
a.The date and time of the parade;
b.The name,address and telephone number of applicant;
c.The route of the parade;and
d.The approximate number of persons and vehicles in the
parade.
2.Restrictions.The City shall issue the applicant a permit unless:
a.The Police Chief determines that the time,route or size of
the parade will disrupt the use of any street or sidewalk
which is ordinarily subject to significant congestion or
traffic;
Another parade permit has already been issued for that day;
or
The proposed parade violates any other governing law or
ordinance.
b.
c.
C.No permit shall be granted for a parade through a residential district,
except during the hours of eight o'clock a.m.(8:00)to eight o'clock (8:00)
p.m.No fee shall be charged for the parade permit.
§6ll.2 Violations.Conducting a parade without a permit,or a violation
of any other provision of this chapter is a simple misdemeanor.
§6l1.3 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§6l1.4 Severablity 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.
§6l1.5 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 17th day of May,1999,and approved this l7'h day of May,
1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Ordinance No.2288 Defining Crime of Littering.Motion by Councilman Berger,
seconded by Councilman Peard,to have the City Clerk read the ordinance for the first
time in title only.The Mayor asked for a roll call vote:Ayes:Berger,Peard,and Gruber.
Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Peard,to waive the second and third
readings.The Mayor asked for a roll call vote:Ayes:Berger,Peard,and Gruber.Nays:
None.Motion carried 3 to O.
Motion by Councilman Gruber,seconded by Councilman Berger,to place the ordinance
on final passage.Motion carried 3 to O.The Mayor asked for a roll call vote:Ayes:
Gruber,Berger and Peard.Nays:None.Motion carried 3 to O.
)}
;
.)
ORDINANCE NO.2288
AN ORDINANCE DEFINING THE CRIME OF LITTERING,AND PROVIDING
THE PUNISHMENT THEREFOR.
LITTERING
§612.1 Littering.No person shall discard any litter or solid waste onto or
in any water or land of this City,except that nothing in this section shall be construed to
affect the authorized collection and discarding of such litter in or on areas or receptacles
provided for such purposes.
§612.2
misdemeanor.
Violations.Violation of any provision of this chapter is a simple
§612.3 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§612.4 Severablity 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.
§612.5 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 17th day of May,1999,and approved this 17th day of May,
1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Ordinance No.2289 Defining Crime of Criminal Mischief in the Fifth Degree.
Motion by Councilman Berger,seconded by Councilman Gruber,to have the City Clerk
read the ordinance for the first time in title only.The Mayor asked for a roll call vote:
Ayes:Berger,Gruber,and Peard.Nays:None.Motion carried 3 to O.
Motion by Councilman Gruber,seconded Councilman Berger,to waive second and third
readings.Motion carried 3 to O.The Mayor asked for a roll call vote:Ayes:Gruber,
Berger and Peard.Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Councilman Gruber,to place the ordinance
on final passage.The Mayor asked for a roll call vote:Ayes:Berger,Gruber,and Peard.
Nays:None.Motion carried 3 to O.
ORDINANCE NO.2289
AN ORDINANCE DEFINING THE CRIME OF CRIMINAL MISCIDEF IN THE
FIFTH DEGREE AS A SIMPLE MISDEMEANOR,AND PROVIDING THE
PUNISHMENT THEREFOR.
BE IT ORDAINED by the Council of the City of Waukee:
§613.l Criminal mischief in the fifth degree defined.Any damage,
defacing,alteration,or destruction of tangible property is criminal mischief when done
intentionally by one who has no right to so act;and such act is criminal mischief in the
fifth degree if none of the following apply:
A.The cost of replacing,repairing,or restoring the property so damaged,
defaced,altered,or destroyed exceeds one hundred dollars ($100.00).
B.The acts are intended to or do in fact cause a substantial interruption or
impairment of service rendered to the public by a gas,electric,steam or
waterworks corporation,telephone or telegraph corporation,common
carrier,or a public utility operated by a municipality.
C.The property is a deed,will,commercial paper or any civil or criminal
process or other instrument having legal effect,or if the act consists of
rendering substantially less effective than before any light,signal
obstruction,barricade,or guard which has been placed or erected for the
purpose of enclosing any unsafe or dangerous place or of alerting persons
to an unsafe or dangerous condition.
D.A personal intentionally disinters human remams from a burial site
without lawful authority.
E.A person intentionally disinters human remains that have state and
national significance from an historical or scientific standpoint for the
inspiration and benefit of the United States without the permission of the
state archaeologist.
F.The act constitutes a hate crime as defined by §729A.2,Code ofIowa.
§613.2 Multiple Acts.Whenever criminal mischief is committed upon
more than one item of property at approximately the same location or time period,so that
all of these acts of mischief can be attributed to a single scheme,plan or conspiracy,such
acts shall be considered as a single act of criminal mischief.
§613.3 Misdemeanor.Each violation of this ordinance shall constitute a
simple misdemeanor.
§613.4 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§613.5 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.
§613.6 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 17th day of May,1999,and approved this 17th day of May,
1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Ordinance No.2290 Defining Crime of Trespass as a Simple Misdemeanor.Motion
by Councilman Gruber,seconded by Councilman Berger,to have the City Clerk read the
ordinance for the first time in title only.The Mayor asked for a roll call vote:Ayes:
Gruber,Berger,and Peard.Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Councilman Gruber,to waive the second
and third readings.The Mayor asked for a roll call vote:Ayes:Berger,Gruber,and
Peard.Nays:None.Motion carried 3 to O.
Motion by Councilman Gruber,seconded by Councilman Berger,to place the ordinance
on final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Berger,and Peard.
Motion carried 3 to O.
ORDINANCE NO.2290
AN ORDINANCE DEFINING THE CRIME OF TRESPASS AS A SIMPLE
MISDEMEANOR,AND PROVIDING THE PUNISHMENT THEREFOR.
BE IT ORDAINED by the Council of the City of Waukee:
§614.1 Trespass defined.The term "property"shall include any land,
dwelling,building,conveyance,vehicle,or other temporary or permanent structure
whether publicly or privately owned.The term "trespass"shall mean one or more of the
following acts:
A.Entering upon or in property without the express consent of the owner,
lessee,or person in lawful possession,with the intent to commit a public
offense,to use,remove therefrom,alter,damage,harass,or place thereon
or therein anything animate or inanimate,or to hunt,fish or trap on or in
the property.TIlls paragraph does not prohibit the unarmed pursuit of
game or furbearing animals lawfully injured or killed which come to rest
on or escape to the property of another.
/}
)
)
B.Entering or remaining upon or in property without justification after being
notified or requested to abstain from entering or to remove or vacate
therefrom by the owner,lessee,or person in lawful possession,or the
agent or employee of the owner,lessee,or person in lawful possession,or
by any peace officer,magistrate,or public employee whose duty it is to
supervise the use or maintenance ofthe property,
C.Entering upon or in property for the purpose or with the effect of unduly
interfering with the lawful use of the property by others.
D.Being upon or in property and wrongfully using,removing therefrom,
altering,damaging,harassing,or placing thereon or therein anything
animate or inanimate,without the implied or actual permission of the
owner,lessee,or person in lawful possession.
§614.2 Retrieving personal property.The term "trespass"shall not
mean entering upon the property of another for the sole purpose of retrieving personal
property which has accidentally or inadvertently been thrown,fallen,strayed,or blown
onto the property of another,provided that the person retrieving the property takes the
most direct and accessible route to and from the property to be retrieved,quits the
property as quickly as is possible,and does not unduly interfere with the lawful use of the
property.
§614.3 Entering upon the right-oC-way of a public road or highway.
The term "trespass"does not mean the entering upon the right -of-way of a public road or
highway.
§614.4 Misdemeanor.Each violation of this ordinance shall constitute a
simple misdemeanor unless the person commits a trespass as defined herein which results
in injury to any person or damage in an amount more than one hundred dollars to
anything,animate or inanimate,located thereon or therein;or unless such person
knowingly trespasses on the property of another with the intent to commit a hate crime as
defined in §729A.2,in which case such person commits a serious misdemeanor.
§614.5 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§614.6 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.}
)
§6l4.7 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 17th day of May,1999,and approved this 17th day of May,
1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Ordinance No.2291 Defining Crime ofUnlawfnl Possession or Manufacture of Drug
Paraphernalia.Motion by Councilman Gruber,seconded by Councilman Berger,to
have the City Clerk read the ordinance for the first time in title only.The Mayor asked
for a roll call vote:Ayes:Gruber,Berger,and Peard.Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Councilman Gruber,to waive the second
and third readings.The Mayor asked for a roll call vote:Ayes:Berger,Gruber,and
Peard.Nays:None.Motion carried 3 to O.
Motion by Councilman Gruber,seconded by Councilman Berger,to place ordinance on
final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Berger,and Peard.
Nays:None.Motion carried 3 to O.
ORNINANCE NO.2291
AN ORDINANCE DEFINING THE CRIME OF UNLAWFUL POSSESSION OR
MANUFACTURE OF DRUG PARAPHERNALIA AND PROVIDING THE
PUNISHMENT THEREFOR.
BE IT ORDAINED by the Council of the City of Waukee:
§6l5.l Definitions.
A.The term "drug paraphernalia"as used in this Section shall mean all
equipment,products and materials of any kind which were used,intended
for use or designed for use in planting,propagating cultivating,growing,
harvesting,manufacturing,compounding,converting,producing,
processing,preparing,testing,analyzing,packaging,repackaging,storing,
concealing,containing,injecting,ingesting,inhaling,or otherwise
introducing into the human body a controlled substance in violation of the
Uniform Controlled Substances Act,chapter 124,Code of Iowa.It
includes,but is not limited to:
1.Kits used,intended for use or designed for use in planting,
propagating,cultivating,growing or harvesting of any species of
plant which is a controlled substance or from which a controlled
substance can be derived.
2.Kits used,intended for use or designed for use in manufacturing,
compounding,converting,producing,processing or preparing
controlled substances.
3.Isomerization devices used,intended for use or designed for use in
increasing the potency of any species of plant which is a controlled
substance.
4.Testing equipment used,intended for use or designed for use in
identifying or in analyzing the strength,effectiveness,or purity of
controlled substances.
5.Scales and balances used,intended for use or designed for use in
weighing or measuring controlled substances.
6.Dilutents and adulterants such as quinine,hydrochloride,mannitol,
mannite,dextrose or lactose,used,intended for use or designed for
use in cutting controlled substances.
7.Separation gins and sifters used,intended for use or designed for
use in removing twigs and seeds from,or in otherwise cleaning and
refming marijuana.
8.Blenders,bowls,containers,spoons and nnxmg devices used,
intended for use or designed for use in compounding controlled
substances.
9.Capsules,balloons,envelopes and other containers used,intended
for use or designed for use in packaging small quantities of
controlled substances.
10.Containers and other objects used,intended for use,or designed for
use in storing or concealing controlled substances.
11.Hypodermic syringe needles and other objects used,intended for
use,or designed for use in primarily injecting controlled
substances into the human body.
B.Objects used,intended for use or designed for use in ingesting,inhaling,
or otherwise introducing heroin,marijuana,hashish or hashish oil into the
human body,such as:
1.Metal,wooden,acrylic,glass,stone,plastic or ceramic pipes with
or without screens,permanent screens,hashish beads or punctured
metal bowls;1J
2.Water pipes,chamber pipes,carburetor pipes,electric pipes,air
driven pipes,bongs,ice pipes or chillers;
3.Carburetion tubes and devices;
4.Smoking and casrburetion masks;
5.Roach clips,meaning objects used to hold burning materials,such
as a marijuana cigarette that has become too small or too short to
be held in the hand;
6.Miniature cocaine spoons and cocaine vials.
C.In determining whether an object is "drug paraphernalia"for the purpose
of enforcing this Section,the following factors should be considered in
addition to all other logically relevant factors:
1.Statements by an owner or by anyone in control of the object
concerning its use.
2.Prior convictions,if any,of an owner or anyone in control of the
object under any state or Federal law relating to any controlled
substances.
3.The proximity of the objects in time and space to a direct violation
of the Uniform Controlled Substances Act,chapter 124 of the Iowa
Code.
4.The proximity of the object to controlled substances.
5.The existence of any residue of controlled substance on the object.
6.Direct or circumstantial evidence of the intent of any owner or of
anyone in control of the object,to deliver it to persons whom he or
she knows or should reasonably know intended to use the object to
facilitate a violation of the Uniform Controlled Substance Act,
chapter 124 of the Iowa Code.
7.The innocence of an owner,or of anyone in control of the object,
as to a direct violation of the Uniform Controlled Substance Act,
chapter 124 of the Iowa Code,should not prevent a finding that the
object is intended for use,or designated for use as drug
paraphernalia.
8.Instruction,oral or written,provided with the object concerning its
use.
9.Descriptive materials accompanying the object which explain of
depict use.
10.The manner in which the object is displayed for sale.
II.Whether the owner or anyone in control of the object,is a
legitimate supplier of like or related items to the community,such
as a licensed distributor or dealer of tobacco products.
12.Direct or circumstantial evidence of the ratio of sales of the
object(s)to the total sales of the business enterprise.
13.The existence and scope of legitimate uses for the objects in the
community.
14.Expert testimony concerning its use.
D.Unlawful Possession of Drug Paraphernalia.It is unlawful for any person
to use,or to possess with intent to use drug or to possess with intent to use
drug paraphernalia to plant,propagate,cultivate,grow,harvest,
manufacture,compound,convert,produce,process,prepare,test,analyze,
pack,repack,store,contain,conceal,inject,ingest,inhale or otherwise
introduce into the human body a controlled substance in violation of the
Uniform Controlled Substances Act,chapter 124 of the Iowa Code.Any
person who violates this provision of this Section is guilty of a simple
misdemeanor.
\
E.Unlawful Manufacture or Delivery of Drug Paraphernalia:It is unlawful
for any person to deliver,possess with intent to deliver,or manufacture
with intent to deliver drug paraphernalia,intending that the drug
paraphernalia will be used,or knowing,or under circumstances where
they reasonable should know that it will be used,or lmowing that it is
designed for use to plant,propagate,cultivate,grow,harvest,manufacture,
compound,convert,produce,prepare,test,analyze,pack,repack,store,
contain,conceal,inject,ingest,inhale,or otherwise produce into the
human body a controlled substance in violation of the Uniform Controlled
Substances Act,chapter 124 of the Iowa Code.Any person who violates
this provision of this Section is guilty of a simple misdemeanor.
F.Penalty:Any persons violating any provision,subsection or paragraph of
this Section shall be subject to the general penalty provisions of the City
Code for simple misdemeanor violation.
§615.2 Repealer.All ordinances or parts of ordinances in conflict with 1\
)
the provisions of this ordinance are hereby repealed.
§615.3 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.
§615.4 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 17th day of May,1999,and approved this 17th day of May,
1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Ordiuance No.2292 Defining Crime of Abandonment of Cats or Dogs.Motion by
Councihnan Gruber,seconded by Councilman Berger,to have the City Clerk read the
ordinance for the first time in title only.The Mayor asked for a roll call vote:Ayes:
Gruber,Berger,and Peard.Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Councilman Gruber,to waive the second
and third readings.The Mayor asked for a roll call vote:Ayes:Berger,Gruber,and
Peard.Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Councihnan Gruber,to place the ordinance
on final passage.The Mayor asked for a roll call vote:Ayes:Berger,Gruber,and Peard.
Nays:None.Motion carried 3 to O.
ORDINANCE NO.2292
AN ORDINANCE DEFINING THE CRIME OF ABANDONMENT OF CATS
AND DOGS AND PROVIDING THE PUNISHMENT THEREFOR.
BE IT ORDAINED by the Council of the City of Waukee:
§616.1 Abandonment Of cats and dogs defined.A person who has
ownership or custody of a cat or dog shall not abandon the cat or dog,except the person
may deliver the cat or dog to another person who will accept ownership and custody or
the person may deliver the cat or dog to an animal shelter or pound as defined in Section
162.2,Code of Iowa.Any person who violates this section commits a simple
misdemeanor.
§616.2 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§6l6.3 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.
§6l6.4 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this l7tl1 day of May,1999,and approved this 17th day of May,
1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Ordinance No.2293 -Defining Crime of Harassment of Public Officers and
Employees.Motion by Councilman Gruber,seconded by Councihnan Berger,to have
the City Clerk read the ordinance for the first time in title only.The Mayor asked for a
roll call vote:Ayes:Gruber,Berger,and Peard.Nays:None.Motion carried 3 to O.
Motion by Councilman Berger,seconded by Councihnan Gruber,to waive the second
and third readings.The Mayor asked for a roll call vote:Ayes:Berger,Gruber,and
Peard.Nays:None.Motion carried 3 to O.
Motion by Councihnan Gruber,seconded by Councilman Berger,to place the ordinance
on final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Berger,and Peard.
Nays:None.Motion carried 3 to O.\
ORDINANCE NO.2293
AN ORDINANCE DEFINING THE CRIME OF HARASSMENT OF PUBLIC
OFFICERS AND EMPLOYEES AND PROVIDING THE PUNISHMENT
THEREFOR.
BE IT ORDAINED by the Council of the City of Waukee:
§6l7.l Harassment of public officers and employees defined.Any
person who willfully prevents or attempts to prevent any public officer or employee from
performing the officer's or employee's duty commits a simple misdemeanor.
§6l7.2 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§6l7.3 Severability Clause.If any section,prOVISIOnor 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,\)
§617.4 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 17th day of May,1999,and approved this 17th day of May,
1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Ordinance No.2294 Defining Crime of Throwing and Shooting.Motion by
Councihnan Gruber,seconded by Councilman Peard,to have the City Clerk read the
ordinance for the first time in title only.The Mayor asked for a roll call vote:Ayes:
Gruber,Peard,and Berger.Nays:None.Motion carried 3 to O.
Motion by Councilman Gruber,seconded by Councilman Berger,to waive the second
and third readings.The Mayor asked for a roll call vote:Ayes:Gruber,Berger,and
Peard.Nays:None.Motion carried 3 to O.
Motion by Councilman Gruber,seconded by Councilman Peard,to place the ordinance
on final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Peard,and Berger.
Nays:None.Motion carried to 3 to O.
ORDINANCE NO.2294
AN ORDINANCE DEFINING THE CRIME OF THROWING AND SHOOTING
AND PROVIDING THE PUNISHMENT THEREFOR.
BE IT ORDAlNED by the Council of the City of Waukee:
§618.1 Throwing and Shooting defined.
A.Any person who throws stones or missiles of any kind,or who shoots
arrows,rubber guns,slingshots or air rifles,or other dangerous
instruments or toys on or into any street,highway,alley,sidewalk or
public place or the property of another;or any person who discharges any
firearm within the limits of the City of Waukee,Iowa,is guilty of a
violation of this section.Provided,however,a person may,with the
consent of the owner or tenant,discharge a firearm upon property within
the limits of the City of Waukee,Iowa,which is zoned "A-l Agricultural
District"as provided in Chapter 300,Waukee Municipal Code,and is a
tract oflO acres or more.
B.Notwithstanding any other provision hereof,A person shall not discharge
a firearm within two hundred yards of a building inhabited by people or
domestic livestock,or within two hundred yards of a feedlot,unless the
owner or tenant has given consent.As used in this provision,"feedlot"
means a lot,yard,corral,or other area in which livestock are present and
confined for the purposes of feeding and growth.The term does not
include areas which are used for the raising of crops or other vegetation
and upon which livestock are allowed to graze or fees.
)
)l
§618.2 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§618.3 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.
§618.4 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 17th day of May,1999,and approved this 17th day of May,
1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Ordinance No.2295 Providing the Punishment for Violation of any of the Provisions
of Chapter 600 "Criminal Code".Motion by Councilman Gruber,seconded by
Councilman Berger,to have the City Clerk read the ordinance for the first time in title
only.The Mayor asked for a roll call vote:Ayes:Gruber,Berger,and Peard.Nays:
None.Motion carried 3 to O.
)
\)
Motion by Councilman Gruber,seconded by Councilman Berger,to waive the second
and third readings.The Mayor asked for a roll call vote:Ayes:Gruber,Berger,and
Peard,Nays:None.Motion carried 3 to O.
Motion by Councilman Gruber,seconded by Councilman Peard,to place the ordinance
on final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Peard,and Berger.
Nays:None.Motion carried 3 to O.
ORDINANCE NO.2295
AN ORDINANCE PROVIDING THE PUNISHMENT FOR VIOLATION OF ANY
OF THE PROVISIONS OF CHAPTER 600,WAUKEE MUNICIPAL CODE.
BE IT ORDAINED by the Council of the City of Waukee:
§620.1 Violations of provisions of chapter 600,Waukee Municipal
Code.Violation of any of the provisions of chapter 600,Waukee Municipal Code,shall ~I
..)
be punishable by 30 days in jailor $100.00 fme.A criminal.penalty surcharge shall be
added to a fme imposed on a misdemeanant as herein provided pursuant to section 911.2,
Code oflowa.
§620.2 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§620.3 Severability Clause.If any section,prOVISIOnor 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.
§620.4 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 17'h day of May,1999,and approved this 17th day of May,
1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Mayor's Report.Mayor Bailey asked for clarification of open meetings law.Buckle
up for safety week is May 24 through 31st in the City of Waukee.Bill Nay was the
winner of Governor's 1999;Stanley amendment June 29th League of Cities of is against
the Stanley amendment passing.
Administrator's Report.Mark Arentsen,gave a brief report.
Parks Board Report.No report.
Library Board Report.Received the Library Board report earlier in the meeting.
Utilities Board Report.John Gibson gave a brief report.
Attorney's Report.Paul Huscher gave a brief report.
Adjournment.Motion by Councilman Peard,seconded by Councilman Gruber,to
adjourn the meeting at 10:14pm.The Mayor as d for a voice vote.Motion carried.
etterman,City Clerk