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HomeMy WebLinkAbout1999-10-04-Regular MinutesThe October 4,1999 Waukee City Council meeting was called to order at 7:00pm by Mayor Donald L. Bailey,Jr.IRollCall.The Mayor asked for a roll call vote and the following Council members were present:Nick Gruber,Marvin Berger,Robyn Heath,Bill Peard,and Larry Lyons. Open Fornm.Councilman Lyon requested the Monday,October 18'1999 City Council meeting be moved to Tuesday,October 19,1999. Motion by Councilman Lyon,seconded by Councilwoman Heath,to reschedule the Monday,October 18, 1999 council meeting to Tuesday,October 19,1999.The Mayor asked for a roll call vote:Ayes:Lyon, Heath,Peard,Berger,and Gruber.Nays:None.Motion carried 5 to O. Agenda Additions -Agenda Approval.Motion by Councilman Peard,seconded by Councilman Lyon,to approve the agenda with the deletion of items #34 -Closed Session Per Section 21.51 "to evaluate the professional competency of an individual whose appointment,hiring,performance or discharge is to be considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session";and #35 -Resolution Adopting Assistant City Administrator's Job Description and Salary Adjustment.The Mayor asked for a voice vote.Motion carried 5 to O. Consent Agenda -A)APPROVAL COUNCIL MINUTES;B)APPROVAL OF BILLS AND PA YROLL;C)APPROVAL OF SETTING OCTOBER 30,1999 FROM 6:00PM TO 8:00PM AS BEGGAR'S NIGHT;D)APPROVAL OF BEER &WINE PERMIT FOR FAREWAY;E) APPROVAL OF WINE PERMIT FOR BEVERAGE DISTRIBUTORS OF IOWA. BILL PRESENTATION: BANKERS TRUST CO ICMA IPERS IPERS OLSON'S BODY &PAINT TREAS,STATE OF IOWA TREAS,STATE OF IOWA AIRTOUCH CELLULAR ALLEGRA ARAMARK UNIFORM SERV CARPENTER UNIFORM CO COPY SYSTEMS CO DES MOINES REGISTER ELECTRONIC ENG CO FARMERS COOP &ELEVATOR GALL'S INC IA MUNI WORKERS JUSTEX SYSTEMS INC KAR PRODUCTS LAW ENFORCEMENT EQUIP MALLARD PRINTING &LABEL METRO UNIFORMS MIDAMERICAN ENERGY MIDAMERICAN ENERGY OLSON'S BODY &PAINT OMB POLICE SUPPLY OVERHEAD DOOR CO '99 JULY,AUG,SEPT SINK ICMA IPERS IPERS -POLICE VAN REPAIR AUG '99 GAS SALES TAX AUG '99 WATER SALES TAX AUG 99'SEWER SALES TAX STATEWIH CELL PHONE BILL SUPPLIES MATS TROUSER/CAP/JACKET MAINTENANCE CONTRACT SUBSCRIPTION PAGER MONTHLY STATEMENT BLACK VELCRO ID PATCH WORK COMP PREM SUBSCRIPTION DE-ICERIPENETRANTIPAINT TAPE UNIFORMS UNIFORMS MONTfILYSTATEMENT HALLOWEEN BAGS/COOLER REPAIR BELTIMAG POUCH REPLACE SPRING I 167305.62 598.00 4775.87 2916.82 1912.82 1811.54 4165.70 163.67 3394.59 155.61 583.64 109.28 207.75 16.38 47.45 105.95 618.24 10.52 1126.55 97.00 108.32 61.65 154.94 900.83 346.67 410.25 59.00 82.85 100.00 ] I PHYSICIANS DECK REFERENCE PRESTO-X CO QUALITY FORD OFWDM SPRINTPCS STOFFEL SEALS CORP SW SERVICE UNIVERSITY PHOTO US WEST COMMUNICATIONS VISA WAUKEE HARDWARE STORE WELLMARK BLUE CROSS FARMERS COOP ELEVATOR IA MUNI WORKERS MIDAMERICAN ENERGY US WEST COMMUNICATIONS WAUKEE HARDW ARD STORE DALLAS COUNTY RECORDER AIRTOUCH CELLULAR FOSTER COACH SALES INC IA MUNI WORKERS PRAXAIR 3E ELECTRICAL ENG MIDAMERICAN ENERGY UTILITY EQUIP CO AIRTOUCH CELLULAR IA MUNI WORKERS RICHARDSON,BETH VEENSTRA &KIMM INC WELLMARK BLUE CROSS VEENSTRA &KIMM INC BRODERICK ANIMAL CLINIC BETTER CONTAINERS MFG BOOKPAGE CENETER POINT PUBLISHING CENTRAL IA REGIONAL LIB DALLAS COUNTY NEWS DEMCO DES MOINES REGISTER IALIBRARY ASSOC IA MUNI WORKERS IMAGING TECHNOLOGIES INGRAM LIBRARY SERVICES KINKO'S INC. LEARNING POST MACK,LINDA MIDAMERICAN ENERGY MURPHY-PETERSEN,DEVON NETINS OFFICE DEPOT PAUL'S PEST CONTROL POMEROY COMPUTER RESOURCE REGENT BOOK CO INC. ROGERS,LADEAN THE FAXON CO US POSTAL SERVICE US WEST COMMUNICATIONS PDR MONTI-ILY SERVICE VEI-IICLE REPAIRS MONTHLY SERVICE JR PD BADGES/LABEL PINS CONSULTING FILMIDEVELOPING MONTHLY SERVICE MONTfILYSTATEMENT SUPPLIES OCT '99 HEALTH INS PREM FUEL WORK COMP PREM MONTHLY STATEMENT MONTHLY SERVICE SUPPLIES PUBLIC SAFETY BLDG LOT CELL PHONE SUPPLIES WORK COMP PREM SUPPLIES SUPPLIES MONTHLY STATEMENT PIPE/SURE LOK ER ELL MONTHLY CELL PHONE WORK COMP PREM MILEAGE 15 ZONING MAPS OCT '99 HEALTH INS PREM SEPT ENG SERVICES ANIMAL CONTROL HALLOWEEN BOOK BAGS ANNUAL SUBSCRIPTION MATERIAL WORKSHOP JOB AD MATERIALS MATERIALS CONFERENCE WORK COMP PREM COPIER MAINTENANCE MATERIAL BOOK DISCUSSION LETTERHEADIP APERIENVELOPES PROGRAM SUPPLIES SUPPLIESITRA VELIREIMB MONTHLY SERVICE MILESAGE REIMEIREGISTRA TION INTERNET SERVICE SUPPLIES AUG '99 SERVICE VIRUS SCANIBATTERY BACKUP MATERIAL AUG 99'CLEANING SERVICE MATERIAL LIBRARY POSTAGE STAMPS MONTHLY SERVICE 2 77.95 23.00 II25.06 II9.03 295.00 350.00 30.44 325.89 6.95 55.36 4682.00 238.27 165.QI 18.18 124.19 20.86 11.00 31.85 36.00 13.07 15.64 246.84 4049.75 198.29 50.91 165.18 10.54 13.50 1376.96 775.77 170.00 39.55 120.00 21.87 6.00 52.20 78.00 45.50 243.00 13.66 84.00 1762.89 69.95 9.15 63.55 410.68 92.83 21.95 53.97 50.00 472.00 11.38 150.00 304.27 33.00 121.05 WAUKEE HARDWARE STORE SUPPLIES 5.67 WELLMARK BLUE CROSS OCT '99 HEALTH INS PREM 1376.96 )FARMERS COOP ELEVATOR MONTHLY STATEMENT 3.75 IA MUNI WORKERS WORK COMP PREM 155.83 MIDAMERICAN ENERGY MONTHLY STATEMENT 21.19 RACCOON VALLEY STATE BANK MONTHLY STATEMENT 43.00 US WEST COMMUNICATIONS MONTHLY SERVICE 59.48 V AN-WALL EQUIP INC.O-RINGIFITTINGnIOSE 26.20 WAUKEE HARDWARE STORE SUPPLIES 189.08 WEARGUARD UNIFORMS 87.87 WELLMARK BLUE CROSS OCT '99 HEALTH INS PREM 688.48 LOGAN CONTRACTORS SUPPLY SUPPLIES 104.13 PAYESS CASHWAYS,INC.PL YWOODIWOOD 423.60 R-WAY CONCRETE CONCRETE 172.50 WASTE MANAGEMENT OF IA AUG '99 SERVICE 11247.20 GIBSON,JOHN R.SAFETY CLASS 2.75 IA MUNI WORKERS WORK COMP PREM 13.82 LASERQUIPT AX I-SERVICE CALL 66.65 UNITED CELLULAR MONTHLY STATEMENT 106.42 US WEST COMMUNICATIONS MONTHLY SERVICE 818.43 WAUKEE HARDWARE STORE SUPPLIES 3.19 WELLMARK BLUE CROSS OCT '99 HEALTH INS PREM 275.56 DES MOINES WATER WORKS MONTHLY STATEMENT 536.50 FARMERS COOP ELEVATOR MONTHLY STATEMENT 55.78 IA MUNI WORKERS WORK COMP PREM 232.53 IA ONE CALL MONTHLY STATEMENT 143.15 MIDAMERICAN ENERGY MONTHLY STATEMENT 697.87 MUNICIPAL SUPPLY VALVE OIL/COUPLINGS 2193.98 OLSON BROTtIERS 4 TIRES/INST ALL 348.52 U OF I HYGIENIC LAB LAB 400.00 UNITED CELLULAR MONTHLY STATEMENT 106.42 WAUKEE HARDWARE STORE SUPPLIES 57.43 WEARGUARD UNIFORMS 87.88 WELLMARK BLUE CROSS OCT '99 HEALTH INS PREM 688.48 ARTISTIC WASTE SERVICE TIRE REMOVAL UNIV AVE 21530.45 FARMERS COOP ELEVATOR MONTHLY STATEMENT 28.37 IA MUNI WORKERS WORK COMP PREM 144.44 IAONECALL MONTHLY STATEMENT 143.15 LINCH AUTO PARTS PLUG 17.55 MIDAMERICAN ENERGY MONTHLY STATEMENT 2306.14 US WEST COMMUNICATIONS MONTHLY SERVICE 192.44 USA BLUE BOOK LOW FORM BEAKERS 50.58 VEENSTRA &KIMM INC.AUG '99 ENG SERVICES 1139.23 WAUKEE HARDWARE STORE SUPPLIES 77.76 WEARGUARD UNIFORMS 87.88 WELLMARK BLUE CROSS OCT '99 HEALTH INS PREM 688.48 ANDERSON,PHYLLIS GAS REFUND 93.43 CAPITAL CITY EQUIP WIPERIEL CFE AIRLA Y 293.95 FARMERS COOP ELEVATOR MONTtILY STATEMENT 605.22 FELT,DARIN REPLACE SIDEWALK 363.00 UTILITY REFUND 273.17 GROEBNER &ASSOC PIPE 1583.24 IHEALTHCOMPEVALSEDRUGTEST75.00 IA MUNI WORKERS WORK COMP PREM 171.14 IA ONE CALL MONTHLY STATEMENT 143.15 IA PIPELINE ASSOC WELDERl211 ASHWORTH 25905.80 3 MAJONACORP MIDAMERICAN ENERGY MID IOWA SALES CO MITCHELL TRANSMISSION PIONEER GAS PLUMB SUPPLY CO RACCOON VALLEY STATE BANK RED WING SHOE STOR UNITED CELLULAR US ENERGY SERVICES INC WAUKEE HARDWARE STORE WEARGUARD WELLMARI(BLUE CROSS BUDGET STORAGE RENTAL COUNTRY CLINIC IA MUNI WORIrnRS WELLMARK BLUE CROSS FARMERS COOP ELEVATOR FASTPRO INTERNATIONAL INC GRIMES ASPHALT &PAVING HUNTER'S HONEY IA CONCRETE PAVING ASSOC IA MUNI WORIrnRS JERICO SERVICES INC LOGAN CONTRACTORS SUPPLY MID IOWA SALES COMPANY NEWMAN TRAFFIC SALES PRAXAIR R-WAY CONCRETE RACCOON V ALLEY STATE BANK SPRAYER SPECIALTIES INC SPRING V ALLEY RADIO CORP VEENSTRA &KIMM INC WASTE MANAGEMENT OF IA WAUKEE HARDWARE STORE WEARGUARD WELLMARK BLUE CROSS FLAGS OVER AMERICA IA MUNI WORIrnRS AIRTOUCH CELLULAR ARAMARJ(UNIFORM SERVICE ARENTSEN,MARl( BEST BUY CO INC. CAPITAL CITY CANVAS LLC COMPUSAINC COUNTRY CLINIC DM AREA METROPOLITAN DOWELL,DENNIS FETTERMAN,GREGORY S FRONTIER COMM WISC HOME DEPOT INC HYVEE IA DEPT OF ECON DEV IA MUNI WORKERS IKON OFFICE SOLUTIONS INSURANCE ASSOC OF IA METER BRACKET MONTHLY STATEMENT PAINT VEmCLEREPAIR SUPPLIES COUPLINGIELLS MONTHLY STATEMENT SHOES MONTHLY STATEMENT AUG'99 GAS SUPPLIES UNIFORMS OCT '99 HEALTH INS PREM MONTHLY STORAGE UNIT INJECTIONS WORK COMP PREM OCT '99 HEALTH INS PREM MONTHLY STATEMENT ALKA SELTZERJANTACID TAB SURFACE MIX BEE REMOVAL STREETS SEMINAR WORK COMP PREM LIQUID CALCIUM CHLORIDE SLIM LINE FORMIHND EDGER PAINT SNOW ROUTE IND ACEJIND mGH PRESS CONCRETE MONTHLY STATEMENT SUPPLIES STANDARD MICROPHONE AUG '99 ENG SERVICES MONTHLY STATEMENT SUPPLIES UNIFORMS OCT '99 HEALTH INS PREM GOLD FINISH EAGLE TOP WORK COMP PREM CELL PHONEIP AGER SERVICE MATS PARKING REIMB/OCT '99 CAR AL TVNCRJRECElVERJCD PUSP AWNING MODEM INJECTIONS TRANSP CONFERENCE ELECTRIC SUPPLIES CITY HALL TRAVEL REIMB. FAX SERVICE GIFT CERTIDOWELLS SUPPLIES CONF &AWARDS LUNCHEON WORK COMP PREM MONTHLY MAINTENANCE BLANKET BOND 4 110.00 351.83 76.70 571.58 36.54 51.26 121.10 129.20 160.65 36136.54 91.85 87.88 1652.52 38.50 10.00 35.45 275.56 728.51 22.25 354.59 30.00 105.00 538.42 1237.50 384.80 76.70 1067.01 36.24 283.13 124.94 26.75 35.00 1032.31 271.30 189.37 87.87 1376.96 37.00 6.73 378.48 39.34 283.31 1339.92 870.00 134.59 10.00 110.00 808.94 81.84 21.51 1000.00 36.82 40.00 38.90 111.54 687.00 INTERNATIONAL INSTIT ANNUAL MEMEERSHIP FEE lOO.OO KC HOLDINGS INC RENT OCT 1-31 '99 4545.80 ILESTINA,TONI REIMB FOR TELE STAND 63.00 MIDAMERICAN ENERGY MONTHLY STATEMENT 625.16 MIGHTY TIDY CLEANING SEPT '99 CLEANING SERVICE 400.00 MILL DIRECT CARPET COMM CENTER FLOOR COVER 2550.00 PAYLESS CASHWAYS INC DRYWALL 37.96 PRACTICAL APPLICATIONS KITCHEN CABINETS 2345.00 RICHARDSON,BETH MATERIAL FOR COMM CENTER 71.69 ROCK BOTTOM RESTAURANT GIFT CERTIDENNIS DOWELL 50.00 RUBESSTEAKHOUSE GIFT CERTIDENNIS DOWELL 50.00 SESCO CASE SKID LOADER 156.60 SMITH,JOSHUA MILEAGE/COMM CENTER 50.59 US POSTAL SERVICE OCT '99 NEWSLETTER POSTAGE 306.08 US WEST COMMUNICATIONS MONTHLY SERVICE 5lO.70 WASTE MANAGEMENT OF IA COMM CENTER MONTHLY SERV 216.06 WAUKEE HARDW ARD STORE SUPPLIES 47.50 WELLMARK BLUE CROSS OCT '99 HEALTH INS PREM 2065.44 BUDGET STORAGE RENTAL MONTHLY STORAGE UNIT 38.50 COUNTRY CLINIC INJECTIONS 10.00 IA MUNI WORKERS WORK COMP PREM 35.45 STATE FARM INSURANCE SURETY BOND 1320,00 VISA OFFICE SUPPLIES 50,37 WELLMARK BLUE CROSS OCT '99 HEALTH INS PREM 688.48 HUSCHER,PAUL E OCT '99 RETAINER lOOO,OO VEENSTRA &KIMM INC AUG '99 ENG SERVICE 4IlO1.59 TOTAL 401269.42 ]SEPTEMBER 15th and 30th PAYROLL: ARENT SEN,MARK J 3455.84 BAILEY JR.,DONALD L.343.59 BERGER,MARVIN 88.53 BREUER,GREGORY A.2396.25 WILSON,CHARLENE G.220,00 DAGGETT,WILLIAM J.2041.80 DAVISSON,DELORES J.207.78 DEZEEUW,DAVID S.2184.23 DOWELL,DENNIS D.2344.31 EFTPS -FEDERAL 4606.66 EFTPS-FICA 5051.54 EFTPS -MEDICARE Il81.46 EFTPS -FEDERAL 4631.76 EFTPS-FICA 5000.90 EFTPS -MEDICARE Il69.54 RICHARDSON,ELIZABETH 200.00 FETTERMAN,GREGORY S.1227.83 FLATER,PATRICK J.1572.02 FORD,ELIZABETH A.1646.61 GIBSON,JOHN R 2355.07 FETTERMAN,GREGORY S.1600.00 IGRUBER,NICHOLAS C.92.22 HEATH,ROBYN S.97.51 HERRICK,ROBERT D.2002.64 HORKEY,ROBINR.2186.65 5 JONES,HARRY N. KEAGLE,CHRISTA KELLER,CHRISTOPHER M. KIENE,MATT R. PERKINS,LELAND LESTINA,TONI MACK,LINDA M. MAPES,TROY M. MURPHY-PETERSEN,DEVON NICKELL,CHRISTOPHER D. OLSON,SCOTT A. PEARD,WILLIAM PERKINS,LELAND E. PHILLIPS,LARRY J. POPP,SHAWND. RICHARDSON,ELIZABETH A. ROBINSON,KIMBERLY A. ROYER,TIMOTHY L. RYAN,RICHARD 1. SCMITT,MARK J. SMITH,JOSHUA A. ROYER,TIMOTHYL. VANZEE,DIANNA L. WHITE,DANNY L. WILLIAMS,MIKE E. WILLIAMS,VALERIEJ. WILSON,CHARLENE G. WINTERS,TROY S. 776.29 287.86 1385.00 289.06 1400.00 1597.90 1706.00 1238.72 1354.58 969.80 1425.08 88.53 501.40 2713.36 2043.97 1554.58 312.42 2120.61 1005.36 86.77 1176.12 200.00 1696.56 1830.37 86.77 530.37 2625.83 1651.43 TOTAL 85559.48 Motion by Councilman Lyon,seconded by Councilman Gruber to approve the consent agenda.The Mayor asked for a roll call vote:Ayes:Lyon,Gruber,Peard,Heath,and Berger.Nays:None.Motion carried 5 to O. Flag Presentation by Veterans Of Foreign Wars.Floyd J.Woodruff,Membership Recruiter for the Veterans of Foreign Wars,presented the Mayor and City Council with a flag on behalf of the VFW.The VFW is looking to form a Waukee Chapter. Design Alliance Architect to Discuss Starns of New Pnblic Safety Bnilding.Jerry Purdy,gave a brief update on the new Public Safety Building. Resolution No.99·115 Approving Change Order No.1 for the Public Safety Building.Design Alliance,Inc.is requesting approval of a change order for the Public Safety Building in the amount of $3,383.50.This change order includes: I.South curb cut -$516.00 2.Door Hardware Revision -$514.00 3.Brick Allowance -$1,497.00 4.Thick Approach Excavation -$1,711.00 5.Additional Approach -$1,115.50 6.Curb cut along V Avenue per John Gibson's reqnest -$1,024.00 Motion by Councilman Gruber,seconded by Councilman Berger,to adopt Resolution No.99-115 approving Change Order No.I for the Public Safety Building.The Mayor asked for a roll call vote:Ayes: Gruber,Berger,Heath,Lyon,and Peard.Nays:None.Motion carried 5 to O. 6 Resolution No.99-116 Approving Partial Pay Estimate No.9 for the Public Safety Building.Tbe base contract for the construction of the new Public Safety Building in the amount of $2,413,000.00 was awarded to the Denis Della Vedova firm last October.IThearchitectshavereviewedthispayrequestandrecommenditbeapprovedintheamountof$301 ,464.45 for work completed through September 25,1999.The balance of the contract to finish.inclnding retainage is $437,811.70. Motion by Councilman Berger,seconded by Councilman Gruber,to adopt Resolution No.99-116 entitled "Resolution Approving Partial Pay Estimate No.9 to Denis Della Vedova for the Waukee Public Safety Building".The Mayor asked for a roll call vote:Ayes:Berger,Gruber,Peard,Lyon and Heath.Nays: None.Motion carried 5 to O. Discussion About Utilization of Office Space at City Hall.A request was made to allow the City Council the opportunity to discuss the utilization of office space at City Hall. Resolution No.99-117 Approving Adoption of Utility Easement from Gilcrest Jewett Lumber Company.This utility Easement from Gilcrest Jewett Lumber Company will allow an additional 15 feet for repairing,replacing,enlarging,inspecting and maintaining a Gas Main together with all necessary structures and appurtenances thereto,under,over,on,through,across and within the Easement Area. Motion by Councilman Peard,seconded by Councilman Lyon,to adopt Resolution No.99-117 approving adoption of Utility Easement from GilcrestJewett Lumber Company".The Mayor asked for a roll call vote:Ayes:Peard,Lyon,Gruber,Berger and Heath.Nays:None.Motion carried 5 to 0 Resolution No.99-118 •Public Hearing Taking Action to Enter into a Loan Agreement for Sewer Bonds and Consideration of Letter of Intent with Ruan Securities.Mayor Bailey opened the Public Hearing at 7 :37pm.No oral or written comment had been received. 1TomMehl,Ruan Securities,presented the Mayor and City Council with the final details on the financing of the Loan Agreement. Mayor Bailey closed the Public Hearing at 7 :49pm. Motion by Councilman Peard,seconded by Councilman Berger,to approve Resolution No.99-118 "Taking action to enter into a Loan Agreement"in an amount not to exceed $810,000 with the escrow being unconditional.The Mayor asked for a roll call vote:Ayes:Peard,Berger,Gruber,Heath and Lyon.Nays: None.Motion carried 5 to O. Resolution No.99-119 -Public Hearing Taking Action to Enter into a Loan Agreement for Water Bonds and Consideration of Letter of Intent with Ruau Securities.Mayor Bailey opened the Public Hearing at 7:50pm.No oral or written comments were received. Mayor Bailey closed the Public Hearing at 7:50pm. Motion by Councilman Berger,seconded by Councilman Peard,to approve Resolutiou No.99-119 'Taking action to enter into a Loan Agreement"in an amount not to exceed $670,000 with the escrow being unconditional.The Mayor asked for a roll call vote:Ayes:Berger,Peard,Heath,Lyon and Gruber.Nays: None.Motion carried 5 to O. Motion by Councilman Lyon,seconded by Councilman Gruber,to direct Mayor Bailey to sign the letter of intent.The Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Heath,Peard and Berger.Nays:None. Motion carried 5 to O.IMotionbyCouncilmanGruber,seconded by Councilman Peard,to designate the extra office as the Mayor's Office.This office will be utilized by the Mayor,City Council and all Committee Chairpersons 7 that has been approved by Mayor Bailey.The Mayor asked for a roll call vote:Ayes:Gruber,Peard, Heath and Berger.Nays:None.Abstain:Lyon.Motion carried 4 to 0 to 1. Resolntion No.99-120 Approving the Meter Reader Contract.John Gibson,Public Works Director, receive one bid for the Meter Reading Contract.The company is Bermex,Inc.out of Southfield,Michigan with a local office in Clive.They read over 2,500,000 meters a month.They currently read for the cities of Clive,Adel and PelTY.In contacting each city nothing but good references have been received. Motion by Councilman Gruber,seconded by Councilwoman Heath,to adopt Resolution No.99-120 accepting Bermex,Inc.bid for Utility Meter Reading at a cost of $0.50 per water meter,$0.50 per gas meter and $0.50 per irrigation meter.The Mayor asked for a roll call vote:Ayes:Gruber,Heath,Lyon, Peard and Berger.Nays:None.Motion carried 5 to O. Ordinance No.2302 Defining Gas Rate Schednle.At the September 13,1999 City Council meeting the City Council approved a Resolution to adopted Option 2 per the recommendation of the Utility Board. John Gibson was directed to go proceed with the implementation of a new gas rate structure in lieu of an actual ordinance.Paul Huscher has now completed the ordinance requested for said rate change. Motion by Councilwoman Heath,seconded by Councilman Lyon,to have the Ordinance read for the first time in title only an "Ordinance defining the Gas Rate Schedule".The Mayor asked for a roll call vote: Ayes:Heath,Lyon,Gruber,Peard and Berger.Nays:None.Motion carried 5 to O. Motion by Councilwoman Heath,seconded by Councilman Lyon,to waive the second and third readings of the Ordinance defining the gas rate schedule.The Mayor asked for a roll call vote:Ayes:Heath,Lyon, Peard,Berger and Gruber.Nays:None.Motion carried 5 to O. Motion by Councilman Gruber,seconded by Councilwoman Heath,to place "Ordinance Defining the Gas Rate Schedule"on final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Heath,Lyon,Berger and Peard.Nays:None.Motion carried 5 to 0 Mayor declared the Ordinance No.2302 duly passed and adopted. ORDINANCE NO.2302 AN ORDINANCE TO AMEND CHAPTER 202,PROVIDING FOR RATES FOR GAS FURNISHED USERS BY THE MUNICIPAL GASWORKS DISTRIBUTION SYSTEM OF THE CITY OF WAUKEE,IOWA,BY DELETING SAID CHAPTER AND INSERTING IN LIEU THEREOF AMENDED GAS RATES,INCREASES,AND MANNER OF PROVISION OF SERVICES. BE IT ORDAINED BY THE COUNCIL OF TIIE CITY 01'WAUKEE AS POLLOWS: Section I.Chapter 202,Waukee Municipal Code is hereby amended by deleting said chapter and inserting in lieu thereof the following: Section 2.Monthly Rates.The following monthly rates to be charged for gas furnished the users thereof within the corporate limits of the City of Waukee shall be and are established as follows: A.Rate Schednle No.1·Small Volnme (Firm)This rate is applicable to all fnm natural gas service normally supplied through one meter as a single point of delivery for all residential and industrial customers that consume 1000 therms (lOOccf)or less per month: Service Charge per Meter $8.75 Non-gas Commodity Charge per therm $0.175 8 Purchased Gas Calculation (pGC)-shall be calculated each month by dividing the total quantity of therms delivered to the city into the total dollars spent to have natural gas delivered to the City Town Border Stations (TBS)1 The above rate shall be subject to the monthly Sales Volume Adjustment (SVA).The SVA shall adjust the Non-Gas Commodity Charge for monthly volume variations. B.Rate Schedule No.2 -Large Volume (Firm)This rate is applicable to all firm natural gas service normally supplied through one meter as a single point of delivery for all residential commercial and industrial customers that consume 1000 therms (lOOcc!)or less per month: Service Charge per Meter $17.50 Non-gas Commodity Charge per thenn $0.130 Purchased Gas Calculation (pGC)-shall be calculated each month by dividing the total quantity of therms delivered to the city into the total dollars spent to have natural gas delivered to the City Town Border Stations (TBS) The above rate shall be subject to the monthly Sales Volume Adjustment (SV A).The SV A shall adjust the Non-Gas Commodity Charge for monthly volume variations. C.Rate Schedule No.3 -Interruptible Commercial This rate is applicable to any customer for non-domestic purposes where all service is taken through a single meter at one location,and where the average daily consumption is equal to or greater than 1000 thems per day.The customer must be able to curtail the use of natural gas within 4 hours of notification. Service Charge per Meter $50.00 Non-gas Commodity Charge per therm $0.05 Purchased Gas Calculation (POC)-shall be calculated each mouth by dividing the total quantity of therms delivered to the city into the total dollars speut to have natural gas delivered to the City Town Border Stations (TBS) The above rate shall be subject to the monthly Sales Volume Adjustment (SVA).The SVA shall adjust the Non-Gas Commodity Charge for monthly volume variations. Failure .to Curtail Penalty -The City shall assess the following penalty charges,in addition to the priced,for failure to curtail natural gas consumption within 4 hours of notifications: Non-Critical Day'-$8.75 per therm consumed after the notification period. •As called by Northern Natural Gas.ICriticalDay*-$5.60 per therm consumed after the notification period. 9 Late Payment Charge-A late payment charge of 1.5%shall be added to the past due amount if the bill is not paid by the due date. Minimum Charge ~The minimum charge is the service charge plus the commodity charge for all the therms used. Section 2.Rate Increase.Any rate increases after November I,1999,which are made by the supplier of natural gas to the Waukee Municipal Gasworks Distribution System shall be passed on to the consumer additional to the above rates,and shall be reflected in a subsection of the Gas Bill sent to said consumer. Section 3.DisconnectionJReconnection Policy The DisconnectionIReconnection Policy shall be set by resolution of the City Council of the City of Waukee,and shall remain in full force and effect until amended by the Council. Section 4.Installation of Gas Meter Extensions. §202.3.Installation of Gas Meter Extensions.When in the opinion of the City Clerk,a meter is inaccessible to the reader because of location,prohibited entry due to animals or barriers,or any other reason,the City Clerk may cause to be installed a gas meter extension and shall charge the cost of said gas meter extension and the installation thereof to the user. [May 8.1984] §202.4 Payment.Gas payments shall be governed by the Waukee Municipal Utilities Gas Tariff,as the same may,from time to time,be amended,on file with the Iowa State Commerce Commission. [September 11,1984] §202.5 Enforcement.The City Conncil may,by resolution,establish rules for the termination of gas service to any customer who has become delinquent and fails to remedy said delinquency after reasonable notice. §202.6.Amendments.The said City may from time to time,by ordinance,change and readjust the foregoing rates to be charged for gas where it is deemed advisable in the judgment of the City Council, with approval of outstanding bondholders of record. §202.7.Compnlsory Meter Check.Every meter shall be removed from service at least once each 10 years and thoroughly tested for accuracy.Any meter found inaccurate beyond a tolerance of two (2%)percent shall not be returned to service until properly adjusted. §202.8.Fees,Charges and Expenses.The City Council shall,by resolution,establish a schedule of fees,charges and expenses for the extension or installation of gas service lines by the City of Waukee.The schedule of fees,charges and expenses shall be posted in the office of the administrative official,and may be altered or amended only by a resolution of the City Council. §202.9.Waiving of Installation and hook-np fees.Installation or hook-up fees may be waived for non-profit organizations or other charitable purposes when deemed acceptable by the city council. Section 5.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 10 Section 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.ISection7.Effective Date.This ordinance sball be in effect upon its final passage,approval and publication as provided by law. Passed by the Council this 4th day of October,1999,and approved this 4th day of October,1999. By:Donald Lee Bailey,Jr.,Mayor Attest:Mark Arenlsen,Adntinistrator/Clerk Ordinance No.2303 -Amending of Chapter 606,Beer and Liquor,Waukee Municipal Code.Paul Huscher bas prepared an amendment to Chapter 606,Beer and Liquor,Waukee Municipal Code.This amendment will bring the City of Waukee's Code in line with the State of Iowa's Code. Motion by Councilman Gruber,seconded by Councilman Lyon,to have the first reading in title only of an "Ordinance Amending Chapter 606,Beer,Liquor,Waukee Municipal Code".The Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Berger,Heath and Peard.Nays:None.Motion carried 5 to O. Motion by Councilman Gruber,seconded by Councilman Lyon,to waive second and third reads of the Ordinance amending of Chapter 606,Beer,Liquor,Waukee Municipal Code.The Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Peard,Berger and Heath.Nays:None.Motion carried 5 to O. Motion by Councihnan Berger,seconded by Councilman Lyon,to place "Ordinance amending of Chapter 606,Beer,Liquor,Waukee Municipal Code"on final passage.The Mayor asked for a roll call vote:Ayes: Berger Lyon,Heath,Peard and Gruber.Nays:None.Motion carried 5 to O. The Mayor declared the Ordinance No.2303 duly passed and adopted. ORDINANCE NO.2303 AN ORDINANCE TO AMEND CHAPTER 606,BEER AND LIQUOR,WAUKEE MUNICIPAL CODE,BY DELETING SAID CHAPTER AND INSERTING IN LIEU THEREOF SECTIONS 606.1,AND SUBSECTIONS INCORPORATING SECTIONS OF THE CODE OF IOWA,IOWA ALCOHOLIC BEVERAGE CONTROL ACT BY REFERENCE THERETO,TO THE EXTENT THAT VIOLATIONS THEREOF CONSTITUTE A SIMPLE MISDEMEANOR. BE IT ENACTED BY THE COUNCIL OF THE CITY OF WAUKEE,lOW A AS FOLLOWS: Section I.Amendment to Section 606,Waukee Muuicipal Code.Section 606,Waukee Municipal Code,is hereby amended by deleting said section and inserting in lieu thereof Section 606.1 and subsections incorporating as follows,so that said sections of the Code of Iowa whose number follows 606.1A below,incorporated by reference herein,may be referred to and cited as sections of the Waukee Municipal Code shall as follows: Section 606.1 606.1AI23.2 606.1AI23.3 606.1AI23.14 606.1AI23.22 606.1AI23.25 606.1AI23.26 606.1AI23.27 General Publication Definitions Beer,Wine,and Liquor Law Enforcement State Monopoly Consumption on Premises Restrictions on Sales-Seals-Labeling Sales and Deliveries Prohibited I 11 606.lA123.28 606.lA123.29 606.lA123.33 606.lA123.46 606.lA123.47 606.lA123.47B 606.lA123.48 606.lA123.49 606.lA123.50 606.lA123.56 606.lA123.59 606.lA123.95 606.lA123.100 606.lA123.10l 606.lA123.102 660.lA123.104 606.lA123.ll2 606.lA123.l20 606.lA123.l4l 606.lA123.l50 Restrictions on Transportation of Open or Unsealed Receptacles Liquor Control Licenses-Classes Records Consumption in Public Places -Intoxication -Right to Chemical Test on Arrest -Exoneration. Persons Under Legal Age-Penalty Parental and School Notification-Persons Under Eighteen Years of Age Seizure of False or Altered Driver's License or Nonoperator Identification Card Miscellaneous Prohibitions Criminal and Civil Penalties Native Wines Bootlegging Premises Must Be Licensed-Exception as to Conventions and Social Gatherings Packages in Transit Record of Shipments Inspection of Shipping Records Unlawful Delivery Peace Officer as Witness Attempt To Destroy Keeping Liquor Where Beer is Sold Sunday Sales Before New Year's Day Only those sections above which are listed as simple misdemeanors by the Code of Iowa,shall be enforced as violations of the Waukee Municipal Code.If the punishment for violation of such section under the Code of Iowa,shall be different from that provided by the Waukee Municipal Code for a simple misdemeanor,the punishment set out in the Code of Iowa shall prevail. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Severability.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional. Section 4.Effective Date.This ordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the City Council of the City of Waukee,Iowa,on this 4"'day of October,1999. By:Donald Lee Bailey,Jr.,Mayor Attested:Mark J.Arentsen,City Administrator/Clerk Ordinance Amending Subdivision Ordinance to Provide for the Prohibition of Building on a Tract of Ground Less Than a Whole Lot.This Ordinance prohibits building on a lot that is less than a whole lot or building a structure that requires but is not serviceable by sewer on such a lot. Motion by Councilman Lyon,seconded by Councilman Gruber,to have the first reading of an "Ordinance Amending Subdivision Ordinance to Provide for the Prohibition of Building on a Tract of Ground Less Than a Whole Lot"in title only.The Mayor asked for a roll call vote:Ayes:Lyon,Gruber,Berger,Peard, and Heath.Nays:None.Motion carried 5 to O. Ordinance Amending Subdivision Ordinance to Provide for Limitations of Bnilding on a Tract of Ground Less Than a Whole Lot.This Ordinance sets limitations on building on certain subdivided lots based on Federal,State and local laws.Limitations by lack of available central wastewater collection system or suitable on site individual disposal system,lack of service by utility companies,unstable soils, old coal mines,waterways and floodways,wetlands,groundwater,environmental limitations,or other 12 natural or man-made features which,known or unknown,to the City Building Inspector may cause a health or safety couceru for the potential occupants of the lot. )Motion by Councihuan Gruber,seconded by Councilwomau Heath,to have the first reading of an "Ordinance Amending Subdivision Ordinance to Provide for Limitations on Building on Subdivided Land Within the City of Waukee"in title only.The Mayor asked for a roll call vote:Ayes:Gruber,Heath, Berger,Peard and Lyon.Nays:None.Motion carried 5 to O. Ordinance Making Intersection of Boone and Olson Drive a Four-way Stop.This Ordinance represents part of the Boone Drive safety improvements approved by the City Council.The Police and Public Works Departments both support making the intersection of Boone Drive and Olson Drive a four- way stop.Staff believes this will bring traffic speeds down and allow for a safer right-of-way. Motion by Councilman Berger,seconded by Councilman Peard,to have the first reading of an "Ordinance Making the Intersection of Boone and Olson Drive a Four-Way Stop"in title only.The Mayor asked for a roll call vote:Ayes:Berger,Peard,Lyon,Gruber and Heath.Nays:None.Motion carried 5 to O. Ordinance No.2304 Amending Section 501.9 to Include of Display of Registration an License to Drive.This ordinance will allow the Police Department to issue tickets relating to the display of registration and license to drive.As a practical matter this means the City of Waukee not the State or County will collect the fees paid for violations. Motion by Councilwoman Heath,seconded by Councilman Peard,to have the first reading in title only of an "Ordinance Amending Section 501.9 to Include Display of Registration and License to Drive".The Mayor asked for a roll call vote:Ayes:Heath,Peard,Lyon,Berger and Gruber.Nays:None.Motion carried 5 to o. Motion by Councilman Gruber,seconded by Councilwoman Heath,to waive the 2nd and 3rd readings of an "Ordinance Amending Section 501.9 to Include Display of Registration and License to Drive".The Mayor asked for a roll call vote:Ayes:Gruber,Heath,Peard,Berger and Lyon.Nays:None.Motion carried 5 to O. 1 Motion by Councilman Gruber,seconded by Councilwoman Heath,to place "Ordinance Amending Section 501.9 to Include Display of Registration and License to Drive"on final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Heath,Lyon,Peard and Berger.Nays:None.Motion carried 5 to O. The Mayor declared Ordinance No.2304 duly passed and adopted. ORDINANCE NO.2304 AN ORDINANCE TO AMEND SECTION 501.9,WAUKEE MUNICIPAL CODE,BY INSERTING IN SECTION 509(A)A SUBSECTION INCORPORATING BY REFERENCE SECTIONS §321.19;§321.20;§321.20A;§321.20B;and §321.21 through §321.28 CODE OF IOWA; AND BY RENUMBERING THE PARAGRAPHS AND SUBPARAGRAPHS THEREOF;AND BY ADDING THERETO SUBSECTION 501.9(U)ADOPTING BY REFERENCE PUNISHMENT PROVISIONS THEREOF. Section 1.Amendments to Sections 501.9(A).Section 501.9(A)Wankee Municipal Code is hereby amended by inserting therein sections §321.l9;§321.20;§321.20A;§321.20B;and §321.2l throngh §321.28,Code of Iowa;and by adding thereto snbsection 501.9(U)so that Section 501.9 of the Wankee Mnnicipal Code shall read as follows: §50l.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 duriug a fire,or who shall fail to abide by the provisions of this ordinance and the I 13 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 of Iowa are: A.321.17,321.19,321.20,321.20A,321.20B and 321.21 thru 321.28,321.32,321.98, 321.174,321.174A,321.180,321.180B,321.190,321.193,321.194 321.216 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.321.277,321.277A,321.278,321.284,321.285,321.288,321.290,321.293,321.294,and 321295 --reckless driving,drag racing,speed,control of vehicle and minimum speed. 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. 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.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. 5.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.On the following-described streets,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. On Ashworth Drive from 75 feet east of the middle of its intersection with Warrior Lane to 245 feet north of the middle of its intersection with University G.32IG.3,321G.5,321G.6,32IG.9,32IG.IO,32IG.ll,32IG.12,321G.13,321G.17, 32IG.20,and 321G.25 -Snowmobiles and all-terrain vehicles. H.321.297 through 321.310 -driving on right,meeting,overtaking,following or towing. I.321.311 through 321.318 -turning and starting,signals on turning and stopping. 14 J.321.319 through 321.324 -right of way. K.321.325 through 321.334 aud 321.340 -pedestrian rights and duties and safety zones. L.321.241 through 321.344 -railroad crossings. M.321.353 through 321.360 -stop at sidewalks.stopping,standing and parking. N.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. O.321.372 -school Busses. P.321.381,321.382,and 321.383 -safety standards. Q.321.384 through 321.409,321.415,321.417 through 321.423 --lighting equipment required and time of use. R.321.430 through 321.434;321.436 through 321.443;321.445,and 321.446 through 321.450 -brakes,horns,sirens,mufflers,wipers,mirrors,tires,transporting explosives. T. S.321.452 through 321.463,321.465 and 321.466 --size,weight and load. Clinging to Vehicles.No person shall chive 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. J And said sections of the Code of Iowa incorporated by reference herein may be referred to and cited as sections of the Waukee Municipal Code as follows: §501.9A17 321.17 §501.9A19 321.19 §501.9A20 321.20 §501.9A20A 321.20A §501.9A20B 321.20B §501.9A21 321.21 §501.9A22 321.22 §501.9A23 321.23 §501.9A24 321.24 §501.9A25 321.25 §501.9A26 321.26 §501.9A27 321.27 §501.9A28 321.28 §501.9A32 322.32 §501.9A98 321.98 §501.9A174 321.174 §501.9A174A 321.174A §501.9A180 321.180 Display of registration a license to drive. Registration card carried and exhibited. Exemptions -distinguishing plates -definitions of urban transit company and regional transit system Application for registration and certificate of title. Certificate of title -commercial vehicles. Proof of security against liability -driving without coverage. Special mobile equipment plates. Urban and regional transit equipment certificates and plates. Titles to specially constructed and foreign vehicles. Issuance of registration and certificate of title. Application for registration and title -cards attached. Multiple registration periods and adjustments. Implementation of twelve-month registration period.Repealed by 97 Acts,ch 108,§49. Failure to register. Registration card carried and exhibited. Operation without registration. Operator's licensed -operation of commercial motor vehicles. Operation of motor vehicle with expired license. Instruction permits 15 §501.9AI80B 321.180B §501.9AI90 321.190 §501.9AI93 321.193 §501.9AI94 321.194 §501.9A216 321/216 §501.9A218 321.218 §501.9A219 321.219 §501.9A220 321.220 §501.9A221 321.221 §501.9A222 321.222 §501.9A223 321.223 §501.9A224 321.224 Graduated driver's licenses for persons aged fourteen through seventeen. Fees for motor vehicle licenses. Restrictions on licenses -penalty. Special minors'licenses. Unlawful use of license or nonoperator's identification card. Operation without valid motor vehicle license or when disqualified ~penalties. Permitting unauthorized minor to drive. Permitting unauthorized person to drive. Employing unlicensed chauffeur. Renting motor vehicle to another. Motor vehicle license inspection for motor vehicle rental. Record kept. Obedience to a peace officer and responsibility of public officers,emergency vehicles and bicycles to obey traffic regulations. §501.9B229 §501.9B230 §501.9B231 §501.9B231 §501.9B233 §501.9B234 321.229 321.230 321.231 321.232 321.233 321.234 Obedience to peace officers. Public officers not exempt. Authorized emergency vehicles. Radar januning devices -penalty. Road workers exempted. Bicycles,animals,or animal drawn vehicles. Traffic signs,signals and marking. §501.9C256 §501.9C257 §501.9C258 §591.9C259 §501.9C260 321.256 321.257 321.258 321.259 321.260 Obedience to official traffic-control devices. Supplemental reports. Arrangement of lights on official traffic control signals. Unauthorized signs,signals,or markings. Interference with devices,signs,or signals unlawful possession. Accidents and accident reporting. §501.9D261 §501.9D262 §501.9D263 §501.9D264 §501.9D265 §501.9D266 §501.9D267 §50l.9D268 §50l.9D269 §501.9D270 §501.9D271 321.261 321.262 321.263 321.264 321.265 321.266 32L267 321.268 321.269 321.270 321.271 §501.9E275 Operation of motorcycles. 321.275 Death or personal injuries, Damage to vehicle. Information and aid -leaving scene of accident. Striking unattending vehicle. Striking fixtures upon a highway. Reporting accidents. Supplemental reports. Driver unable to report. Accident report forms. Reports confidential-without prejudice -exceptions. Reckless driving,drag racing,speed,control of vehicle and minimum speed. Operation of motorcycles and motorized bicycles. §501.9F277 §501.9F277 A 321.277 321277A Reckless driving. Careless driving. 16 §501.9F278 §501.9F284 §501.9F285 §501.9F288 §501.9F290 §501.9F293 §501.9F294 §501.9F295 §501.9F(9) 321.278 321.284 321.285 321.288 321.290 321.293 321.294 321.295 Drag racing prohibited. Open containers in motor vehicles. Speed restrictions. Control of vehicle -reduced speed. Speed restrictions. Local authorities may alter limits. Minimum speed regulation. Limitation on bridge or elevated structure. I.Notwithstanding the foregoing provisions,the speed limit on University Avenue for westbound traffic from the east City limits to a point 1600 feet west of the east City limits is 55 miles per hour and the speed limit on University Avenue from westbound traffic from a point 1600 feet west of the east City limits west of the west line of Ashworth Drive at its intersection with University Avenue is 45 miles per hour. 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.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. 5.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 (Highway 6)is 35 miles per hour.1 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. On Ashworth Drive from 75 feet east of the middle of its intersection with Warrior Lane to 245 feet north of the middle of its intersection with University Snowmobiles and all-terrain vehicles. §501.9G3 §501.9G5 §501.9G6 §501.9G9 §501.9G10 §501.9G11 §501.9G12 §501.9Gl3 §501.9Gl7 §501.9G20 §501.9G25 321G.3 321G.5 321G.6 321G.9 321G.1O 321G.ll 321G.12 321G.13 321G.17 321G.20 321G.25 Registration and numbering required. Display of identification numbers. Registration -renewel -transfer Operation on roadways and highways Accident reports. Mufflers required. Head lamp -tail lamp -brakes Unlawful operation Violation of "stop"signal. Minors under twel ve. Stopping and inspecting -warnings.I§501.9H297 Driving on right,meeting,overtaking,following or towing. Driving on right-hand side of roadway exceptions.321.297 17 §501,9H298 §501,9H299 §501,9H300 §501,9H301 §501,9H302 §501.9H303 §501.9I-I304 §501.9H305 §501.9H306 §501.9I-B07 §501.9I-B08 §501.9H309 §501.9H31O 321.298 321.299 321.300 321.301 321.302 321.303 321.304 321.305 321.306 321.307 321.308 321.309 321.310 Meeting and turning to right. Overtaking a vehicle. Failure to recognize signal. Burden of proof. Overtaking on the right. Limitations on overtaking on the left. Prohibited passing. One-way roadways and rotary traffic islands. Roadways laned for traffic, Following too closely, Motor trucks and towed vehicles distance requirements. Towing -convoys -drawbars. Towing four-wheeled trailers. Turning and starting,signals on turning and stopping. §501.9B11 §501.9B12 §501.9B13 §501.9B14 §501,9BI5 §501,9BI6 §501,9B17 §501,9BI8 Right of Way. §501.9J319 §501.9J320 §501.9J321 §501.9J322 §501.9J323 §501.9J324 321.311 321.312 321.313 321.314 321.315 321.316 321.317 321.318 321.319 321.320 321.321 321.322 321.323 321.324 Turning at intersection. Turning on curve or crest of grade. Starting parked vehicle. When signal required. Signal continuous. Stopping. Signals by hand and arm or signal device, Method of giving hand and arm signals, Entering intersections from different highways. Left turns -yielding, Entering through highways. Vehicles entering stop or yield intersections. Moving vehicle backward on highway, Operating on approach of emergency vehicles. Pedestrian rights and duties and safety zoues. §501.9K325 §501.9K326 §501.9K327 §501.9K328 §501.9K329 §501.9K330 §501,9K331 §501,9K332 §501,9K333 §501.9K334 §501.9K340 Railroad crossings. §501.9L341 §501.9L342 §501.9L343 §501.9L344 321.325 321.326 321.327 321.328 321.329 321.330 321.331 321.332 321.333 321.334 321.340 321.341 321.342 321.343 321.344 Pedestrians subject to signals. Pedestrians on left. Pedestrians'right of way. Crossing at other than crosswalk. Duty of driver -pedestrian crossing or working on highways. Use of crosswalk, Pedestrians soliciting rides. White canes restricted to blind persons. Duty of drivers. Penalties, Driving through safety zone, Obedience to signal of train, Stop at certain railroad crossings -posting warning. Certain vehicles must stop. Heavy equipment at crossing. Stop at sidewalks,stopping,standing and parkiug. 18 §501.9M353 §501.9M354 §501.9M355 §501.9M356 §501.9M357 §501.9M358 §501.9M359 §501.9M360 321.353 321.354 321.355 321.356 321.357 321.358 321.359 321.360 Stop before crossing sidewalk -right of way. Stopping on traveled way. Disabled vehicle. Officers authorized to remove. Removed from bridge. Stopping,standing or parking. Moving other vehicle. Theaters,hotels and auditoriums. I Unattended vehicle,obstructing driver's view,crossing median,following fire apparatus,or crossing fire hose,and pntting glass,etc.,on streets. §501.9N362 §501.9N363 §501.9N364 §501.9N365 §501.9N366 §501.9N367 §501.9N368 §501.9N369 §501.9N370 §501.9N371 School Buses. §501.90371 Safety staudards. §501.9P381 §501.9P382 §501.9P383 321.362 321.363 321.364 321.365 321.366 321.367 321.368 321.369 321.370 321.371 321.372 321.381 321.382 321.383 Unattended Motor Vehicle. Obstruction to driver's view. Preventing contamination of food by hazardous material. Coasting prohibited. Acts prohibited on fully controlled -access facilities. Following fire apparatus. Crossing fire hose. Putting debris on highway. Removing injurious material. Clearing up wrecks. Discharging pupils -regulations. ] Movement of unsafe or improperly equipped vehicles. Upgrade pulls -minimum speed Exceptions -slow vehicles identified. Equipment required and time of use. §501.9Q384 §501.9Q385 §501.9Q386 §501.9Q387 §501.9Q388 §50l.9Q389 §501.9Q390 §501.9Q391 §501.9Q392 §501.9Q393 §501.9Q394 §501.9Q395 §501.9Q396 §501.9Q397 §501.9Q398 §501.9Q402 §501.9Q403 §501.9Q404 §501.9Q405 §501.9Q406 321.384 321.385 321.386 321.387 321.388 321.389 321.390 321.391 321.392 321.393 321.394 321.395 321.396 321.397 321.398 321.402 321.403 321.404 321.405 321.406 When lighted lamps required. Head lamps on motor vehicles. Citation for unlighted headlamp or rear lamp. Rear lamps. Illuminating plates. Reflector requirement. Reflector requirements. Approval of reflectors. Clearance and identification lights. Color and mounting. Lamps or flag on projecting load. Lamps on parked vehicles. Exception. Lampson bicycles. Lamps on other vehicles and equipment. Spot lamps. Auxiliary driving lamps. Signal lamps and signal devices. Self-illumination. Cowl lamps.I 19 §501.9Q407 §501.9Q408 §501.9Q409 §501.9Q415 §501.9Q417 §501.9Q418 §501.9Q419 §501.9Q420 §50l.9Q421 §501.9Q422 §50l.9Q423 321.407 321.408 321.409 321.415 321.417 321.418 321.419 321.420 321.421 321.422 321.423 Courtesy lamps. Back-up lamps. Mandatory lighting equipment. Required usage of lighting services. Single-beam road-lighting equipment. Alternate road-lighting equipment. Number of driving lamps required or permitted. Number of lamps lighted. Special restrictions on lamps. Red light in front. Flashing lights. Brakes,horns,sirens,mufflers,wipers,mirrors,tires,transporting explosives. §501.9R430 §501.9R431 §501.9R432 §501.9R433 §501.9R434 §501.9R436 §501.9R437 §501.9R438 §501.9R439 §501.9R440 §501.9R441 §501.9R442 §501.9R443 §501.9R445 §501.9R446 §501.9R447 §50l.9R448 §50l.9R449 §50l.9R450 321.430 321.431 321.432 321.433 321.434 321.436 321.437 321.438 321.439 321.440 321.441 321.442 321.443 321.445 321.446 321.447 321.448 321.449 321.450 Size,weight and load. §50l.9S452 §501.9S453 §501.9S454 §501.9S455 §501.9S456 §501.9S457 §501.9S458 §501.9S459 §501.9S460 §501.9S462 §501.9S463 §501.9S465 §501.9S466 321.452 321.453 321.454 321.455 321.456 321.457 321.458 321.459 321.460 321.462 321.463 321.465 321.466 Brake,hitch and control requirements. Performance ability. Horns and warning devices. Sirens and bell prohibited. Bicycles sires or whistles. Mufflers,prevention of noise. Mirrors. Windshields and windows. Windshield wipers. Restrictions as to tire equipment. Metal tires prohibited. Projections on wheels. Exceptions. Safety belts and safety harnesses -use required. Child restraint devices. Trucks to carry flares and reflective devices. Display of flares or reflective devices. Motor carrier safety rules Hazardous material transportation regulations. Scope and effect. Exceptions. Width of vehicles. Projecting loads on passenger vehicles. Height of vehicles -permits. Maximum length. Loading beyond front. Dual axle requirement. Spilling loads on highways. Drawbars and safety chains. Maximum gross weight -exceptions -penalties. Weighing vehicles and removal of excess. Increased loading capacity -re-registration. T.Clinging to Vehicles.No person shall drive a motor vehicle on the streets of this cityunless 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 upon a roadway.This section shall not apply to emergency vehicles. 20 October 19,1998 -Ordinance No.2258 IU.Only those sections above which are listed as simple misdemeanors by the Code of Iowa, shall be enforced as violations of the Waukee Municipal Code.If the punishment for violation of such section under the Code of Iowa,shall be different from that provided by the Waukee Municipal Code for a simple misdemeanor,the punishment set out in the Code of Iowa shall prevail. 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 4'"day of October,1999,and approved this 4'"day of October,1999. By:Donald L.Bailey,Jr.,Mayor Attest:Mark Arentsen,City Administrator/Clerk Ordinance No.2305 Amending 1994 Uniform Fire Code.A year ago,the City of Waukee adopted the 1994 Uniform Fire Code but did not adopt the amendments to go along with it.By adopting the amendments,the City will have the same fire code as the other western suburbs. The City of Waukee currently has a 45,000 sq.ft.commercial building under construction,and our current fire code does not mandate a sprinkler system for this struction.If the same building were to be built in Clive,the building would have been sprinkled at 6,000 sq.ft. Motion by Councilwoman Heath,seconded by Counciiman Gruber,to have the first reading in title only of an "Ordinance Amending the 1994 Uniform Fire Code".The Mayor asked for a roll call vote:Ayes: Heath,Gruber,Lyon,Peard and Berger.Nays:None.Motion carried 5 to O. Motion by Councilwoman Heath,seconded by Councilman Peard,to waive the 2lld and 3rd readings of an Ordinance Amending the 1994 Uniform Fire Code".The Mayor asked for a roll call vote:Ayes:Heath, Peard,Gruver,Berger and Lyon.Nays:None.Malian carried 5 to o. Motion by Councilman Berger,seconded by Counciiman Peard,to place "Ordinance Amending the 1994 Uniform Fire Code"on final passage.The Mayor asked for a roll call vote:Ayes:Berger,Peard,Lyon, Heath and Gruber.Nays:None.Motion carried 5 to O. The Mayor declared Ordinance No.2305 duly passed and adopted. ORDINANCE NO.2305 AN ORDINANCE AMENDING CHAPTER 803,WAUKEE MUNICIPAL CODE,BY ADDING AMENDMENTS TO THE UNIFORM FIRE CODE OF 1994 THAT WILL REQUIRE NEW STANDARDS FOR THE SPRINKLING OF A STRUCTURE AND PLACING SAID AMENDMENTS IN LIEU THE INmCATED SECTIONS WITHIN THE I 21 1994. Section 1.Purpose.The purpose of this ordinance is to provide more uniformity with the surrounding communities as concerns sprinkling of structures and to provide for the safety of the general public. Section 2. the following: This ordinance shall provide for the addition to Chapter 803 by adding thereto §803.Amendments To The Uniform Fh'e Code Of 1994. Section 3.Amendments Made In The Uniform Fire Code. The Uniform Fire Code is amended and changed in the following respects: Amend Section 105.2.2 Expiration to read as follows:A fee for permits required hy this ordinance shall he paid to the City of Waukee and permits shall be valid for one year nnless otherwise noted on the permit. Add Section 105.2.2.1 Duplicate Permits.Wheu evidence is shown that a building permit and fee has been secured for any listed permit the Fire Code,it may suffice and duplicate fees may be waived. Amend Section 105.8 Permit Required to read as follows:A permit shall be obtained [TOmthe Chief of the Waukee Voluntary Fire Department prior to engaging in the following activities operations,practices or functions: a.2.Aircraft Refueling Vehicles.To operate aircraft refueling vehicles.See Article 24. e.1.Explosives or Blasting Agents.For permits for explosives or blasting agents.See Article 77. f.2.Fireworks.For permits for fireworks.See Article 78. f.3.Flammable or Combustible Liquids.See Article 79. 1.To use or operate,repair or modify a pipeline for the transportation of flammable or combustible liquids. 2.To store,handle or use Class I liquids in excess of 5 gallous (l8.9L)in a building or in excess of 10 gallons (37.9L)outside of a building,except that a permit is not required for the following: 2.1 The storage or use of Class T liquids in the fuel tank of a motor vehicle,aircraft,motorboat,mobile power plant or mobile heating plant,unless such storage in the opinion of the chief,would cause an unsafe condition. 2.2 The storage or use of paints,oils,varnishes or similar flammable mixtures when such liquids are stored for maintenance,painting or similar purposes for a period of not more than 30 days. 3.To store,handle or use Class II or Class III-A liquids in excess of 25 gallons (96.6L)in a building or in excess of 60 gallons (226.IL)outside a building,except for fuel oil used in connection with oil-burning equipment. 4.To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved,stationary on-site pumps normally used for dispensing purposes. 22 5.To install,construct,alter or operate tank vehicles,equipment,tanks,plants,terminals,wells,fuel- dispensing stations,refineries,distilleries and similar facilities where flammable and combustible liquids are produced,processed,transported.stored,dispenses or used.I6.To install,alter,remove,abandon,place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank. 7.To change the type of contents stored in a flammable or combustible liquid tank to a material other than which the tank was designed and constructed. t.1.Tents,Canopies and Temporary Membrane Structures.To erect or operate a tent or air-supported temporary membrane structure having an area in excess of2DO square feet or a canopy in excess of 400 square feet except for structures used exclusively for camping.See Article 32. 4.Schedule for such fees shall be as follows: Refueling Explosives Fireworks Flam Liq. Tents,etc. 105 a.2 105 e.l 105 f.2 105 f.3 105t.! $10.00 $10.00 $10.00 $10.00 $10.00 Add to Section 204-C.Commercial Buildings or Structures are buildings or structures that are used for purposes other than single family detached dwellings,for the purposes of this ordiuance. Add to Section 205-D.Dwelling Single Family is a detached building on a building site designed for and used exclusively for residential purposes by one family and containing only one dwelling unit. Add to Section 207-F.Fire Prevention Division is the Fire Department of the jurisdiction.] Amend Section 901.4.4 Premises Identification,to read as follows:Approved numbers of addresses shall be placed on all new and existing commercial buildings in such a position as to be plainly visible and legible from the street or road fronting the property.Said numbers shall contrast with their background. All commercial buildings shall have number or address a minimum of 5 inches in height. Amend Section 902.2.1 Exceptions.Change Group R,Division 3 to Group R,Division 3.1. Add Section 903.4.5 Fire Hydrant Markers and Identification Color.When required by the Chief,hydrant locations shall be identified by the installation of red reflective markers.Both public and private hydrants shall be painted Tnemec gloss yellow 2H-BV57 ill-Build with yellow reflective liquid 3M7211 on the bonnet. Add Section 903.4.6 Fire Hydrant Installation.Hydrants shall be installed with grade mark on hydrant at finish grade with steamer connection facing parking lot or access road for fire truck hookup. Add Section 903.4.7 Fire Hydrant Maintenance Schedule.Private fire hydrants shall be inspected,tested and lubricated on a five-year basis by the Waukee Water Works per rules established by the Waukee Water Works. Add Section 1002.1.1 Sizing.Portable fire extinguishers for fire protection iu low and moderate hazard occupancies shall be 5#ABC in buildings that are covered throughout with a fire sprinkler system.If no fire sprinkler system is in a low or moderate hazard occupancy,a 10#ABC fire extinguisher shall be installed.Spacing is based on a 75 foot travel distance to the fire extinguisher,Other hazardous occupancies will refer to V,F.e.Standard 10-1.I 23 Amend Section 1003.2.1 General to read as follows:An approved automatic extinguishing system is required if the gross square footage of a building is equal to or greater than the following: Buildings that DO NOT meet the requirements to be sprinkled must be separated by twenty (20)feet and have 1 hour rated exterior walls so as not to have the combine total of their square footage applied to this Section of the Code. For provisions on special hazards and hazardous materials,see Section 1001.9 and Articles 79,80 and 81. Note:"An approved complete automatic extinguishing system"includes but is not limited to a complete automatic sprinkler system, Delete Sections 1003.2.3,1003.2.3.1,1003.2.3.2,1003.2.3.3,1003.2.4.1,1003.2.4.2,1003.2.4.3,1003.2.5, 1003.2.5.1,1003.2.5.2,1003.2.5.3,1003.2.6,1003.2.7 and 1003.2.8. Amend Section 1003.2.3.Group A.to read as follows: Group A: A-I.Any bnilding or portion of a building having an assembly room with an occupant load of 1000 and a legitimate stage. A-2.Any bnilding or portion of a bnilding having an assembly room with an occupant load of less than 1000 and a legitimate stage. A-2.1 Any building or portion of a building having an assembly room with an occupant load of 300 or more without a legitimate stage,including such buildings used for educational purposes and not classed as a Gronp E or Group B Occupancy. A-3.Any building or portion of a building having an assembly room with an occupant load of less than 300 without a legitimate stage,including such buildings used for educational purposes and not classed as a Group E or Group B Occupancy. AA.Stadiums,reviewing stands and amusement park structures not included within other Group A Occupancies. Basements -An automatic sprinkler system shall be installed in basements classified as Gronp A occupancy when the basement is larger than 1500 square fee in floor area. Add Section 1003.2.4 Group B to read as follows: Group B: B.A building or structure,or a portion thereof, for office,professional or service type transactions, including storage of records and accounts,and eating and drinking establishments with an occupant load of less than 50. 24 o s.f. 5,000 s.f. 5,000 s.f. 5,000 s.f. As specified in other codes. 1,500 s.f 6,000 s.f. Add Section 1003.2.5 Group E to read as follows: GroupE:IE-l.Any building used for educational purposes o s.f. through the 12th grade by 50 or more persons for more than 12 hours per week or four hours in anyone day. E-2.Any building used for educational purposes through o s.f. 12th grade by less than 50 persons for more than 12 hours per week or four hours in anyone day. E-3.Any building used for licensed day-care purposes o s.f. for more than six persons. Add Section 1003.2.6.Group F to read as follows: F-l.Moderate-hazard factory and Industrial occupancies 6,000 s.f. including factory and industrial uses not classified as Group f,Division 2 Occupancies. F-2.Low-hazard factory and industrial occupancies 6,000 s.f. including facilities producing noncombustible or nonexplosive materials which during finishing, packing or processing do not involve significant fire hazard. Add Section 1003.2.7 Group H to read as follows: 1GroupH: H-l.Occupancies with a material in the building in See 1994 excess of those listed in Table 3-D which present UBC 307.7 a high explosive hazard as listed in Section 307.1.1 of the 1994 UBC. H-2.Occupancies with a quantity of material in the See 1994 building in excess of those listed in Table 3-D UBC 307.7 which presents a moderate explosion hazard or a hazard from accelerated burning as listed in Section 307.1.1 of the 1994 UBC. H-3.Occupancies with a quantity of material in the See 1994 building in excess of those listed in Table 3-D UBC 307.7 which present a high fire or physical hazard as listed in Section 307.1.1 of the 1994 UBC. H-4.Repair garages not classified as Group S,See 1994 Division 3 Occupancies.UBC 307.7 H-5.Aircraft repair hangers not classified as Group See 1994 S,Division 5 Occupancies and Heliports.UBC 307.7 H-6.Semiconductors fabrication facilities and See 1994 IcomparableresearchanddevelopmentareaswhenUBC307.7 the facilities in which production materials are used, and the aggregate quantity of materials is in excess 25 H-7. of those listed in Table 3-D or Table 3-E. Occupancies having quantities of material in excess of those listed in Table 3-E that are health hazards as listed in Section 307.1 of the 1994 UBC. Group I: Add Section 1003.2.8 Group I to read as follows: 1-1.1 1-1.2 1-2 1-3 Nurseries for the full-time care of children under the age of six (each accommodating more than five children),hospitals,sanitariums,nursing homes with non-ambulatory patients and similar buildings (each accommodating more than five patients). Heath care centers for ambulatory patients receiving outpatient medical care which may render the patient incapable of unassisted self-preservation (each tenant space accommodating more than five such patients). Nursing homes for ambulatory patients,homes for children six years of age or over (each accommodating more than five persons). Mental hospitals,mental sanitariums,jails,prisons, reformatories and buildings where personal liberties are similarly restrained. GroupM: Add Section 1003.2.9 Group M to read as follows: A building or structure,or a portion thereof,for the display and sale of merchandise,and involving stocks of goods, wares or merchandise,incidental to such purposes and accessible to the public. Group S: Add Section 1003.2.11 Group S to read as follows: S-I S-2 S-3 S-4 S-5 Moderate hazard storage occupancies including buildings or portions of buildings used for storage of combustible materials not classified as Group S, Division 2 or Group H Occupancies. Low hazard storage occupancies including buildings or portions of buildings used for storage of non- combustible materials. Repair garages where work is limited to exchange of parts and maintenance not requiring open flame or welding and parking garages not classified as Group S,Division 4 Occupancies. Open parking garages. Aircraft hangers aod helistops. 26 See 1994 UBC 307.7 o s.f. o s.f. o s.f. o s.f. 6,000 s.f. 6,000 s.f. 35,000 s.f 3,500 s.f. 15,000 s.f 15,000 s.f, Add Section 1003.2.12 Group U to read to follows: GroupU:U-I Private garages,carports,sheds and agricultural buildings. N/A I U-2 Fences over 6 feet (182.9mm)high,tanks and towers.N/A {Note -The above table is adapted from Table 3-A of the Uniform Building Code 1994 Edition}. Add Section 1003.2.13 Special Use Group R,Division 3.1. Add Section 1003.2.13 General.A complete 13 D sprinkler system may be installed in lieu of the fire egress window on non-walkout basements in Division R 3.1 occupancies. Add Section 1003.2.14 Changes in Use Or Occupancy. Add Section 1003.2.14.1 General.No Charge shall be made in the character of occupancy or use of any building which would place the building in a different division of the same group of occupancy or in a different group of occupancies as defined in Chapter 3 of the Uniform Building Code 1994 Edition,unless such building is made to comply with the requirements of the section of the Code for new buildings. Exception:The character of the occupancy of existing buildings may be changed subject to the approval of the Chief and the building may be occupied for purposes in other groups without conforming to the requirements of this section of the Code for those groups,provided the new or proposed use is equal to or less hazardous, based on life and fire risk,than the existing use. Add Section 1003.2.15 Additions to Buildings or Structures. Add Section 1003.2.15.1 General.Additions to buildings or structures shall comply with all of the requirements of this Section of the Code for new buildings or structures.The entire building or structure, existing and propose additions,shall comply with all of the requirements of this section of the Fire Code for new buildings and structures,when the total of all the additions to the building or structure made after November IS,1997 exceeds twenty-five (25)percent of the pre-November IS,1997 gross area of the building or structure. Add Section 1003.2.16 Occupancy Requirement. Add Section 1003.2.16.1 General.When a building is used for more than one occupancy purpose or use, the entire building shall meet the requirements of this Section of the Code based on the requirements for the most restrictive occupancy group as defined in Chapter 3 of the Uniform Building Code 1994 Edition. Amend Section 1007.2.1 to read as follows:General.An approved fire alarm system shall be installed when the gross square footage of a building is equal to or greater than the area as specified in Sections 1003.2.3 through Section 1003.2.12 conclusive,subject to the Authority Having Jurisdiction or by this section which ever shall be more restrictive. Amend Section 1007.2.4.1 to read as follows:General.Educational occupancies shall have a monitored fire alarm system.Upon notification,existing educational occupancies having existing fire alarm systems shall comply within 2 years to meet the monitoring of the fire alarm system. Amend Section 1007.2.9 to read as follows:Group R Division I,2,3,4.IAmendSection1007.2.9.1.1 General.Group R-I,2,3 of more than 15 units and in R-Division 4 shall have a monitored fire alarm system.Upon notification,Group R-l,R-3 (more than 15 units)and in R-Division 27 4,having existing fire alarm systems shall comply within 2 years to meet the monitoring of the fire alarm system. Amend Section 1007.3.3.6.1 to read as follows:General.When required by the chief,supervision of the fire alarm system shall provide for the immediate and automatic notification of the fire department. Add Section 1007.3.3.8 Zone Labeling.Fire alarm panels shall have all zones plainly and permanently labeled as to their location. Delete Sections 1102.2.1,1102.2.2,1102.2.3,1102.2.4,1102.2.5,1102.3.1,1102.3.2,1102.3.3,1102.3.4, 1102.3.5,1102.3.6,1102.3.7,1102.3.8 and 1102.4. Amend Section 1212.4 Illumination to read as follows:Exit signs shall be illuminate internally.Exit signs to be powered by separate source of power and to have battery backup unless an on-site generator set is used.Luminance on the face of an exit sign shall have an intensity of not less than 5.0 foot-candles (53.82 lux)from either lamp. Amend Section 7801.3.1.1 Manufacturing to read as follows:It shall be unlawful to manufacture fireworks within corporate limits of the City of Waukee,Iowa. Amend Section 7802.2 Seizure of Fireworks to read as follows:The Chief is authorized to seize,take, remove or cause to be removed at the expense of the owner all stocks of illegal fireworks (not State approved),offered or exposed for sale,stored and held to be in violation of this section. Amend Section 7802.3 Prohibition to read as follows:It shall be unlawful for any person to possess,store, offer for sale,sell at retail,or use or explode any fireworks within the corporate limits of the City of Waukee,Iowa. Exception:1.The use of fireworks for display is allowed as set forth in Section 7802.4. Amend Section 7802.4.3 Bond For Display to read as follows:The applicant shall,at the time he or she makes his or her application for a permit,attach thereto a bond or certificate of Insurance naming the applicant and the City as insured,in the sum of not less than $1,000,000.00 provided that the Chief of the Fire Department or the City Council may at their discretion require a greater amount.Said bond and insurance shall inure to the use and benefit of the City and/or any person who suffers damage either to person or property by reason of said display of fireworks. Add Section 7802.4.9.9 Disposal of unfired fireworks.Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining. Add Section 7901.8.6 Alternative Contaimnent and Protection.All tanks that have a secondary tank of steel,concrete or approved materials shall be capable of holding 110%of the product stored.A noncombustible roof and roof frame work shall cover all open top secondary tanks. Delete Article 82 and adopt NFPA 58 1992 Edition in lieu of Article 82. Amend Section 8704.2 Access Roads to read as follows:Fire department access roads shall be established prior to the installation of combustible materials. Exception:When approved by the chief,temporary access roads of a width,vertical clearance and surface which provide access for the fire department apparatus are allowed to be used until permanent roads are installed. Add:NFPA NFPA NFPA 10 13 13D 1994 Edition 1994 Edition 1994 Edition 28 NFPA 13R 1994 Edition NFPA 30 1993 Edition INFPA30A1993Edition NFPA 70 1993 Edition NFPA n 1993 Edition NFPA 101 1994 Edition Section 4.Repealer.In any case where the provisions of this ordinance,the Uniform Fire Code,or other ordinances of the City of Waukee,shall be found to be in conflict,and in which statues of the State of Iowa do not control,the provision which establishes the higher standard for the promotion and protection of the safety of persons and property shall prevail. Section 5.Severability Clanse.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 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 4"'day of October,1999,and approved this 4"day of October,1999. By:Mayor Donald L.Bailey,Jr. Attest:Mark J.Arentsen,City Administrator/Clerk Ordinance No.2306 Amending Site Plan to Allow for Utility Exemption on Construction Time Limit. MidAmerican Energy is petitioning the City Council to change the City's Site Plan Ordinance to allow for more flexibility in the window of time they would need to construct a substation after the Site Plan has been approved.]The Planning and Zoning Commission has recommended that the Ordinance be worded to allow for an exemption for utilities. This ordinance should allow for a justifiable exemption while prohibiting an open ended time frame for general construction,thus preventing the possibility of untimely delays and nonconforming usage as development occurs in the surrounding areas of a previously approved site plan. Motion by Councilwoman Heath,seconded by Councilman Gruber,to have the 3"reading in title only of an "Ordinance Amending the Site Plan Ordinance.The Mayor asked for a roll call vote:Ayes:Heath, Gruber,Berger,Peard and Lyon.Nays:None.Motion carried 5 to O. Motion by Councilman Peard,seconded by Councilwoman Heath,to place "Ordinance Amending the Site Plan Ordinance"on final passage.The Mayor asked for a roll call vote:Ayes:Peard,Heath,Berger,Lyon and Gruber.Nays:None.Motion carried 5 to o. The Mayor declared Ordinance No.2306 duly passed and adopted. ORDINANCE NO.2306 ORDINANCE TO AMEND SECTION 304.9 WAUKEE MUNICIPAL CODE PROVIDING FOR SITE PLAN APPROVAL,BY PROVIDING THAT AT THE TIME OF SITE PLAN APPROVAL BY CITY COUNCIL,THE CITY COUNCIL MAY PROVIDE AN EXEMPTION AS TO THE TIME CONSTRUCTION MUST BEGIN AFTER SITE PLAN APPROVAL FOR A UTILITY STRUCTURE I 29 Section 1.Purpose.The purpose of this ordinance is to allow for a reasonable exemption in the time it is necessary for construction to begin on a utility service structure after site plan approval by the City Council. BE IT ORDAINED by the City Council of the City of Waukee,Section 304.9 Waukee Municipal Code Validity of Approval is deleted and the following is substituted in lieu thereof: §304.9 B. Validity Of Approval. A.A site plan shall become effective upon certification of approval by the City Council. The City Council approval of any site plan required by this article shall remain valid for one (l)year allowing one (1)year extension with approval of City Council upon recommendation of the Commission after the date of approval,after which time the site plan shall be deemed null and void if the development has not been established or actual construction commenced.For the purpose of this article "actual construction"shall mean that the permanent placement of construction materials has started and is proceeding without undue delay.Preparation of plans,securing financial arrangements,issuance of building permits,letting of contracts, grading of property,or stockpiling of materials on the site shall not constitute actual construction. c.Exemption:At the time of site plan approval the City Council may grant an exemption on the time construction must begin after their approval is given for a utility service structure. 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,provlSlon 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 4th day of October,1999,and approved this 4th day of October,1999. By:DonaldL.Bailey,Jr.,Mayor Attest:Mark J.Arentsen,City Administrator/Clerk 30 Resolution No.99-121-Setting Date for Public Hearing on Rezoning -750 NW 142"d St.from A-I to R-l.The Planning and Zoning Commission is recommending the rezoning of 750 NW 142"d St.from A-I to R-l.The development plans for this proposed location include high-end neo-classical homes in a price range above the surrounding subdivisions.The developer's idea is appeal to a different yet compatible market at the higher-end of the income scale. I City Staff finds the proposed rezoning to be in line with the comprehensive plan and well suited for the area. Motion by Councilman Gruber,seconded by Councilman Lyon,to set October 19,1999 as the date for a Public Hearing on the rezoning of750 NW 142"d St.from A-I to R-l.The Mayor asked for a roll call vote: Ayes:Gruber,Lyon,Heath,Peard and Berger.Nays:None.Motion carried 5 to O. Resolution No.99-122 -Requiring Installation of a Sidewalk 0 n Eastern Side of Warrior Lane.The City Council conditionally waived the construction of sidewalks on the west side of Warrior Lane on November 21,1994.A subsequent motion was made to approve the final plat of Windfield Plat 3 on November 21,1994 subject to "the developer installing sidewalkslbike trail along the full length of the plat boundary", The developer has submitted the final plat for Windfield II for approval at the October 19,1999 City Council Meeting.Planning and Zoning approved the final plat at their September 28,1999 meeting with the condition that an agreement be reached on the sidewalks along Warrior Lane. Veenstra &K1nun have verified that there is room for a sidewalk up to 6 ft wide.City staff is recommending the sidewalk be constructed at a width of 6-ft.This size sidewalk will accommodate the additional foot traffic resulting from the existence of only a single sidewalk along Warrior Lane.] Motion by Councilman Lyon,seconded by Councilman Gruber,to adopt Resolution No.99-122 Requiring Installation of a 6 Foot Wide Sidewalk on the Eastern Side of Warrior Lane with a continuous landscape buffer to be installed between sidewalk and retention pond.The Mayor asked for a roll call vote:Ayes: Lyon,Gruber,Peard,Heath and Berger.Nays:None.Motion carried 5 to O. Report on Interlata and Intra!ata Long Distance Phone Savings for the City of Waukee.Per the request of Mark Arentsen,City Administrator,the City of Waukee phone usage for interlata and intralata long distance was analyzed by Joshua Smith,Economic Development Director.After a careful review of interlata and intralata rates of other companies,the City has put all phone numbers utilized by City Departments with one carrier -Iowa Automobile Dealers Association (IADA),and MCI/WorldCom reseller of long distance.The City's rate for all calls,regardless of lata,or time of call will be .0925 per minute,billed on six second increments.The City had been paying rates varying from .10 per minute to .50 per minute on several telephone numbers.The City is also canceling calling cards through US West and AT &T,and will have calling cards issued iu October from IADA with rates of .0925 per minutes,and a .40 connectivity fee.The previous calling cards were charging up to .95 per minutes.The City also requested a pic restriction or pic "freeze"for all telephone lines to prevent slamming/cramming. Administrator's Report.Mark Arentsen gave a brief report. Meet the candidate nights will be October II th at 7pm at the Public Library and October 26th at 7pm at the Waukee High School Auditorium. Planning and Zoning Commission Report.Councilman Gruber gave the Mayor and Council a written report. Economic Development Committee Report.Joshua Smith gave a brief report to the Mayor and Council. 31 Library Board Report.Councilman Berger gave the Mayor and Council a written report. Parks Board Report.Councilman Peard gave a brief report to the Mayor and Council. Councilman Peard stated there were several hundred people attend the open house and ribbon cutting for the Community Center.It was a great success. Attorney's Report.Paul Huscher gave a brief report to the Mayor and Council. Closing Comments by City Council Members.None. Mayor's Report.Mayor Bailey thanked everyone for the great turn out at the Fall Festival.Mayor Bailey received a letter from the Brimeyer Group regarding the evaluation of the City Administrator. Attest: 32