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HomeMy WebLinkAbout2000-12-04-Regular MinutesMinutes of the City Council Meeting held December 4,2000 1.Call to Order:Mayor Pro Tern Wayne Johnson called the Regular Meeting of the December 4,2000.Waukee City Council to order at 7:01 p.m. 2.Roll Call:Mayor Pro Tern Johnson asked for a roll call.Present:Gruber.Berger and Watts.Mayor Bailey and Councilman Bill Peard were absent. CITY OF WAUKEE I 3.Open Forum:Robert Ellis,250 Southview,Friend of the Waukee Lion's Club, announced the Lion's Club Christmas Light contest. 4.Agenda Addition!Agenda Approval:Councilman Berger requested that agenda item #14 become #l1a.Motion by Berger,second by Watts to approve the agenda as amended.Motion carried with a voice vote. a.Approve Payroll &Bill List -The payroll and bill list of $90,807.24 was presented. 5.Consent Agenda: BILL LIST 1211/00 NO DEPT ENTERED ICMA IPERS IPERS-POLICE TREASURER,STATE OF IOWA POLICE OPERATIONS BRENTON BANK -P.C.POLICE BUSINESS COMMUNICATIONS ELECTRONING ENGINEERING C ELECTRONIC VIDEO SYSTEMS FASTPRO INTERNATIONAL IN FESLERS INC IA MUNICAPLITIES WORKERS MAINSTAY SYSTEMS INC MIGHTY TIDY CLEANING QUALITY FORD OF WDM UNIVERSITY PHOTO VERIZON WIRELESS FIRE PROTECTION j ICAM IPERS PDIPERS STATEW/H $317.54 $2,402.61 $2,296.46 $2,035.84 PD PETTY CASH KNOBS/BATTERY POLICE PAGER MONITOR SUPPLIES DISPOSABLE BLANKET INST6-WRK CMP PREM 00-01 COMPUTER MAINTENANCE NOVEMBER CLEANING VEHICLE MAINTENANCE DEVELOP FILM POLICE CELL PHONE POLICE CELL PHONE $151.28 $190.00 $57.00 $166.00 $23.33 $88.40 $464.40 $345.00 $450.00 $157.22 $62.12 $41.21 $190.64 ) 1 HAVIS SHIELDS CD-H2100W/12 VOLT 100 WA $19.10 IA MUNICAPLITIES WORKERS INST6-WRK CMP PREM 00-01 $82.56 URBANDALE FIRE DEPARTMENT M GENTOSI-FIRE CERT COUR $45.00 J SPENCER-FIRE CERT COUR $45.00 ZOLL MEDICAL CORP ASSY,STST,1600 PARAMED $2,250.00 FIRST RESPONDERS COMP USA BLACK/COLOR INK $55.23 BROT CART/POWER SUP.EX P $106.84 STREET LIGHTING WEBSTER ELECTRIC STREET LIGHT REPAIR $65.00 BUILDING INSPECTION IA MUNICAPLITIES WORKERS INST6-WRK CMP PREM 00-01 $72.24 RICHARDSON,BETH MILEAGE $10.88 VERIZON WIRELESS D DOWELL-CELL PHONE $49.81 LIBRARY SERVICES IA MUNICAPLITIES WORKERS INST6-WRK CMP PREM 00-01 $10.32 PARKS IA MUNICAPLITIES WORKERS INST6-WRK CMP PREM 00-01 $30.96 PUBLIC WORKS IA MUNICAPLITIES WORKERS INST6-WRK CMP PREM 00-01 $20.64 LINCH AUTO PARTS OIL,FILTER $88.23 MENARDS DOORKNOB $27.97 WATER UTILITY IA MUNICAPLITIES WORKERS INST6-WRK CMP PREM 00-01 $30.96 WEARGUARD WORK CLOTHES $185.60 WINTERS,TROY MEAL REIMBURSEMENT $5.70 SANITARY SEWER &TREATMENT FAC DAVIS BROWN KOEHN SHORS PROF SERV RENDERED $803.00 ELECTRONIC ENGINEERING C PAGERS $94.50 IA MUNICAPLITIES WORKERS INST6-WRK CMP PREM 00-01 $41.28 MID AMERICAN ENERGY MONTHLY STATEMENT $180.16 WEARGUARD WORK CLOTHES $172.85 GAS UTILITY AMERICAN PUBLIC GAS ASSO APGA DUES $459.00 COMMUNICATION MANAGEMENT PAGER $36.79 HEALTHCOMP EVALUATION SE DRUG TEST $25.00 IA MUNICAPLITIES WORKERS INST6-WRK CMP PREM 00-01 $92.88 2 KNOWLTON ELECTRIC INC ELECTRIC REPAIR $659.24 I.MENARDS CONDUIT $19.36 PLUMB SUPPLY CO VALVE $51.78 GAS PIPE $96.67 PAS TEE $56.16 TESTNET DRUG TEST $15.00 US FILTERIWATERPRO VALVE $210.00 VALVE $105.00 WASTE MANAGEMENT OF IOWA 1205 6TH STR·DISPOSAL $233.33 WEARGUARD WORK CLOTHES $452.75 UTILITY BILLING IA MUNICAPLITIES WORKERS INST6-WRK CMP PREM 00-01 $10.32 WEARGUARD WORK CLOTHES $189.85 STREETS DEPARTMENT CARGILL INC-SALT DIVISION SALT $622.90 FASTENAL COMPANY SAW BLADES $56.93 IS MUNICAPLITIES WORKERS INST6·WRK CMP PREM 00-01 $144.48 O'HALLORAN INTERNATIONAL MUFFLER $61.02 SWANEY EQUIPMENT CO STARTER $95.41 LOADER BRACKET $230.74 TRAFFIC MARKING SERVICE YEUWHT PAINT APPLIED $6,279.65 J USA STAFFING INC PART-TIME HELP $376.43 PART-TIME HELP $351.33 WEARGUARD WORK CLOTHES $400.69 MAYOR AND COUNCIL IA MUNICAPLITIES WORKERS INST6-WRK CMP PREM 00-01 $20.64 ADMINISTRATION ARAMARK UNIFORM SERVICES MAT GRIPPERIAIRFRESH $55.10 ARENTSEN,MARK AUTO ALLOWANCE $250.00 MILEAGE $46.92 COMPUSAINC USRO 56K EXT V.90 $134.59 DICKINSON,MACKAMAN,TYLER PROF SERV REND THR 10100 $814.00 KC HOLDINGS INC DECEMBER 2000 RENT $5,217.79 MBNA AMERICA BUSINESS CA STATEMENT $137.22 NOVEMBER STATEMENT $2,508.75 MIGHTY TIDY CLEANING NOV CITY HALL CLEANING $400.00 NOV COMM CENT CLEANING $110.00 SELECT OFFICE SYSTEMS COPIER STAPLES $66.00 VERIZON WIRELESS M ARENTSEN CELL PHONE $61.63 FINANCIAL ADMINISTRATION )IA MUNICAPLITIES WORKERS INST6-WRK CMP PREM 00-01 $10.32 3 LASER QUIPT TRIPLEn OFF ESSENTIALS ECONOMIC DEVELOPMENT GUNDERSON,JODY MBNA AMERICA BUSINESS CA SMITH,JOSHUA CITY AnORNEY PAUL HUSCHER GRAND TOTAL 1211/00 PAYROLL ARENTSEN,MARK BOSWELL,KRISTIN ANN BREUER,GREGORY A BRUECKEN,ALYSSA BURKHART,LINDA SUE CROSS,MAnHEW A DARREn,WILLIAM J DAVISSON,DELORES J DEZEEUW,DAVID DIANNA VAN ZEE DODGE,JUSTIN D DOWELL,DENNIS D EFTPS FORD,ELIZABETH A GENTOSI,MICHAEL PATRICK GIBSON,JOHN GUNDERSON,JODY HERRICK,ROBERT HORKEY,ROBIN KELLER,CHRISTOPHER LELAND PERKING LIFE INS PREM MACK,LINDA M MAPES,TROY M MARCHANT,JOEY LOWELL MORGAN,ALBERTA MURPHY·PETERSEN,DEVON OLSON,scorr A REPAIR TIME PACK COPYPAPER $425.00 $119.96 DEC TRAVEL ALLOWANCE NOVEMBER STATEMENT DEC AUTO ALLOWANCE $250.00 $40.20 $250.00 DECEMBER RETAINER FEE $1,000.00 $37,183.71 FEDERAL FICA MEDICARE $1,806.37 $151.12 $1,233.87 $10.70 $1,263.23 $113.75 $1,014.63 $107.24 $1,077.85 $50.00 $796.96 $1,375.55 $5,844.83 $5,793.46 $1,354.90 $827.90 $798.19 $1,438.67 $1,595.36 $990.13 $1,098.75 $899.42 $400.00 $300.00 $55.34 $947.80 $853.98 $832.07 $314.81 $768.01 $810.77 LIFE INS PREM 4 b.Approve 11.27.00 City Council Minutes -Councilman Berger requested that staff complete Item #18 of the Council Minutes,since it was incomplete. Councilman Watts had a question on the claim's register. c.Acknowledge Variance to U.S.West -John Gibson gave a brief synopsis of the variance granted to U.S.West.Bob Ellis voiced his objection to the variance that was approved by the Waukee Board of Adjustment. } PERKINS,LELANO E PHILLIPS,LARRY J POPP,SHAWN DAVID RICHARDSON,ELIZABETH A ROBINSON,KIMBERLY A RON L.HEIMANN ROYER,TIMOTHY L SCHETTLER,RODNEY A SCHROEDER,MELANIE L SMITH,JOSHUA A SPENCER,ARTHUR SPENCER,JEFFREY A TIMOTHY ROYER VAN ZEE,DIANNA WEAVER,CHAD E WHITE,DANNY L WINTERS,TROY S $290,05 $1,534,15 $910,23 $886,42 $194,00 $500,68 $1,040,80 $895,69 $106.05 $1,318.77 $230.21 $788.89 $100.00 $804.30 $65.77 $874.61 $776.03 GRAND TOTAL $46,242.31 Motion by Gruber,second by Berger to approve consent agenda.Ayes:Gruber, Berger,Watts and Johnson.Motion carried 4-0. 6.Mayor's Report:Mayor Bailey was absent and Mayor Pro Tern Johnson had no report from Mayor Bailey to give. 7.MOTION:Consider Purchase of 12 ECG Machine:After discussion by the Council, there was a motion by Watts,second by Gruber to approve a "loan"of up to $19,000 from the Gas Fund to be used towards the purchase of a 12 ECG (Lead Electrocardiograph)Machine.The "loan"will be repaid by General Fund at the beginning of the 200112002 Fiscal Year.Ayes:Watts,Gruber,Berger and Johnson. Motion carried 4-0. 8.MOTION:Reappointing Chris Colter to the Board of Adjustments:Motion by Gruber,second by Johnson to approve reappointment of Chris Colter.Councilman Watts asked the Council to wait for reappointment until Mayor Bailey was present to make the appointment.The Council agreed and recommended that this item be tabled until the next meeting. ,) 5 9.RECEIVE/FILE:Discussion on Installation of Sidewalks Along Warrior Lane and Laurel Street:Because of the recent discussions regarding sidewalks along Warrior Lane and Laurel Street,Director of Public Works John Gibson put together a proposal for the City Council.John's proposal included installing sidewalks along portions of Warrior Lane and Laurel Street that would facilitate safe foot traffic,and would connect into other sidewalk systems.The approximate cost to the City would be $3500.After much discussion by the Council,a motion was made by Gruber to install sidewalks on the south side of Laurel Street and east side of Warrior from Laurel to Highway 6.A second was provided Councilman Berger.Watts voted no because he believes sidewalk should not be installed until property is developed.He feels that early sidewalk installation is detrimental to developers before property is developed.Nays:Watts.Motion carried 3-1. 10.RECEIVE/FILE:Discussion on Annexation Moratorium Agreement with West Des Moines.Dallas County resident Joe Copeland provided City Staff before the meeting with an annexation proposal,which included a map.Joshua provided copies for everyone in the crowd to review.Neil Grant,a planner in West Des Moines's Community Development Department was in the crowd and answered general questions.Mayor Pro Tern Johnson gave a synopsis of annexation meetings that he, Mike Watts,Joshua Smith and Mark Arentsen were involved in with West Des Moines regarding annexation.Joshua mentioned that there is a statutory requirement to have a noticed,public hearing when having an annexation moratorium agreement. Joshua suggested having a joint public hearing at a neutral site,such as the Booneville Methodist Church.After further discussion,there was a motion by Gruber,second by Berger to receive/file this discussion and to have further negotiations with the City of West Des Moines.Ayes:Gruber,Berger,Watts and Johnson.Motion approved 4-0. 11.RECEIVE/FILE:Discuss FY 200112002 Capital Improvements:Mark Arentsen presented his priority list for capital improvements.Mark indicated the library was his top priority involving capital improvement projects for next year.Mayor Pro Tern Johnson indicated that every .05 added to the City tax levy,there would be additional $90,000 revenue available through borrowing proceeds.Councilman Gruber inquired about having lights along the bike path.Councilman Berger asked the City to review different grants that could be applied for lights along the bike trail. Councilman Berger commented that the CIF could be discussed in greater detail at budget time.Motion by Berger,second by Gruber to receive/file this report.Ayes: Berger,Gruber,Watts and Johnson.Motion carried 4-0. 12.RESOLUTION:Consider Membership for Metro Advisory Council:City Staff advised that regional cooperation will essential in the new,global economy and encouraged the Council to become active members in the Metro Advisory Council. The Council agreed that it was important to be involved in a regional advisory board in some capacity.However,since Mayor Bailey was absent,this item was tabled until Mayor Bailey was present and could indicate if he wanted to be a representative to this organization. 6 13.RESOLUTION:Approving Sunrise Meadows Plat 2 -Construction Plans:There was a motion by Watts and a second by Gruber to approve the construction plans for Sunrise Meadows Plat 2 contingent on the developer moving two sanitary/storm sewer manholes.Motion by Watts,second by Gruber to approve the construction plans.Ayes:Watts,Gruber,Berger and Johnson.Motion carried 4-0. RESOLUTION 00-211 Approving Sunrise Meadows Plat 2 -Construction Plans WHEREAS,the City of Waukee is an incorporated City within Dallas County,Iowa; AND WHEREAS,Downing Development has presented construction plans for the City Council to review;AND WHEREAS,the Waukee Planning &Zoning Commission has approved said construction plans. NOW,THEREFORE BE IT RESOLVED that the City Council of Waukee,Iowa do hereby approve the Sunrise Meadows Plat 2 -Construction Plans this 4th day of December 2000. 1 Wayne Johnson,Mayor Pro-Tern ATTEST: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson x X X X X 14.MOTION:Authorizing Payment of $200 in Annual Dues for Metro Council Roundtable:The Metro Round Table has asked the City of Waukee to contribute $200 to the organization to cover the costs of printing and mailing notices,,) 7 communications and reports,as well as covering the costs of providing refreshments for their moming meetings.City Staff has urged the Council to become involved. Councilman Berger indicated he attends several of these meetings and only misses when he has a work conflict.Motion by Berger,second by Watts to approve motion of authorizing payment of $200 for the Metro Council Roundtable.Ayes:Berger, Watts,Johnson and Gruber.Motion carried 4-0. 15.RESOLUTION:Approving Voluntary Annexation Petition for Crescent Mini Storage:Motion by Gruber,second by Berger to approve annexation request.Ayes: Gruber,Berger,Watts and Johnson.Motion approved 4-0. RESOLUTION 00-212 RESOLUTION ASSENTING TO THE VOLUNTARY ANNEXATION OF THE CRESCENT MINI STORAGE PROPERTY WHEREAS,the City of Waukee,Dallas County,State of Iowa is a duly organized municipal corporation;AND, WHEREAS,there has been presented to the Waukee City Council an Application for Annexation,as required by Section 368.7,Code ofIowa,as amended;AND, WHEREAS,said real estate is adjacent to the existing City Limits of the City of Waukee,Iowa; AND, WHEREAS,the City of Waukee desires to aunex said territory upon the Application heretofore presented. NOW THEREFORE BE IT RESOLVED,by the City of Waukee City Council in session this 4th day of December,2000 that; I.The Application for Annexation of the property as described in Exhibit A attached hereto is hereby approved. 2.The City Clerk of Waukee shall forthwith cause this Resolution,the map exhibit attached hereto and any other filings as required by Section 368.7,Code of Iowa to be filed with the City Development Board and the state of Iowa Secretary of State's Office. Wayne Johnson,MayorPro-Tem Mark J.Arentsen,City Administrator/Clerk ROLLCALL Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson AYES NAYS ABSENT X X X X X 8 WHEREAS,the City of Waukee bestows upon the annexed property an imposition of taxes as provided in Section 368.11,subsection 13 of the Iowa Code,} 16.RESOLUTION:Approving Voluntary Annexation Petition and Bestows Upon the Annexed Property an Imposition of Property Taxes as Provided in §368.II , Subsection 13 of the Code of Iowa for Donald &Evelyn Dowell.Motion by Gruber, second by Berger to approve annexation request.Ayes:Gruber,Berger,Watts and Johnson.Motion approved 4-0. RESOLUTION 00·213 RESOLUTION ASSENTING TO THE VOLUNTARY ANNEXATION OF THE DONALD D.AND EVELYN DOWELL PROPERTY AND APPROVING FIVE YEAR INCREMENTAL TAX ABATEMENT WHEREAS,the City of Waukee,Dallas County,State ofIowa is a duly organized municipal corporation;AND, WHEREAS,there has been presented to the Waukee City Council an Application for Annexation,as required by Section 368.7,Code ofIowa,as amended;AND, WHEREAS,said real estate is adjacent to the existing City Limits of the City of Waukee,Iowa; AND, WHEREAS,the City of Waukee desires to annex said territory upon the Application heretofore presented;AND, NOW THEREFORE BE IT RESOLVED,by the City of Waukee City Council in session this 4th day of December,2000 that; 3.The Application for Annexation of the property as described in Exhibit A attached hereto is hereby approved. 4.The City Clerk of Waukee shall forthwith cause this Resolution,the map exhibit attached hereto and any other filings as required by Section 368.7,Code ofIowa to be filed with the City Development Board and the state of Iowa Secretary of State's Office. Wayne Johnson,Mayor Pro-Tern Mark J.Arentsen,City Administrator/Clerk ROLLCALL Nicholas C.Gruber Marvin Berger BiII Peard Mike Watts Wayne Johnson A YES NAYS ABSENT X X X X X ) 9 17.RESOLUTION:Approving Voluntary Annexation Petition/or Joe Lyng.Motion by Berger,second by Gruber to approved annexation petition.Ayes:Berger,Gruber, Watts and Johnson.Motion approved 4-0. RESOLUTION 00-214 RESOLUTION ASSENTING TO THE VOLUNTARY ANNEXATION OF THE JOE LYNG (AUCTION WAY SALES,INC.)PROPERTY WHEREAS,the City of Waukee,Dallas County,State of Iowa is a duly organized municipal corporation;AND, WHEREAS,there has been presented to the Waukee City Council an Application for Annexation,as required by Section 368.7,Code ofIowa,as amended;AND, WHEREAS,said real estate is adjacent to the existing City Limits of the City of Waukee,Iowa; AND, WHEREAS,the City of Waukee desires to annex said territory upon the Application heretofore presented. NOW THEREFORE BE IT RESOLVED,by the City of Waukee City Council in session this 4th day of December,2000 that; 5.The Application for Annexation of the property as described in Exhibit A attached hereto is hereby approved. 6.The City Clerk of Waukee shall forthwith cause this Resolution,the map exhibit attached hereto and any other filings as required by Section 368.7,Code of Iowa to be filed with the City Development Board and the state of Iowa Secretary of State's Office. Wayne Johnson,Mayor Pro-Tern of Waukee Mark J.Arentsen,City Administrator/Clerk ROLLCALL Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson AYES X X NAYS ABSENT X X X 18.RESOLUTION:Approving Voluntary Annexation Petition/or Phil Pigneri.Motion by Gruber,second by Berger to approve annexation request.Ayes:Gruber,Berger, Johnson and Watts.Motion approved 4-0. 10 RESOLUTION 00-215 RESOLUTION ASSENTING TO THE VOLUNTARY ANNEXATION OF THE PHIL PIGNERI l WHEREAS,the City of Waukee,Dallas County,State oflowa is a duly organized municipal corporatiou;AND, WHEREAS,there has been presented to the Waukee City Council an Application for Annexation,as required by Section 368.7,Code oflowa,as amended;AND, WHEREAS,said real estate is adjacent to the existing City Limits of the City of Waukee,Iowa; AND, WHEREAS,the City of Waukee desires to annex said territory upon the Application heretofore presented. NOW THEREFORE BE IT RESOLVED,by the City of Waukee City Council in session this 4th day of December,2000 that; 7.The Application for Annexation of the property as described in Exhibit A attached hereto is hereby approved. 8.The City Clerk of Waukee shall forthwith cause this Resolution,the map exhibit attached hereto and any other filings as required by Section 368.7,Code of Iowa to be filed with the City Development Board and the state of Iowa Secretary of State's Office.) Wayne Johnson,Mayor Pro-Tern Mark J.Arentsen,City Administrator/Clerk ROLLCALL Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson A YES NAYS ABSENT X X X X X 19.RESOLUTION:Approving Voluntary Annexation Petition and Bestows Upon the Annexed Property an Imposition of Property Taxes as Provided in §368.11, Subsection 13 of the Code of Iowa for Alice &Carolyn Myers.Motion by Gruber, second by Berger to approve the annexation request.Ayes:Gruber,Berger,Watts and Johnson.Motion approved 4-0. RESOLUTION 00-216 ) 11 RESOLUTION ASSENTING TO THE VOLUNTARY ANNEXATION OF THE ALICE &CAROLYN MYER PROPERTY WHEREAS,the City of Waukee,Dallas County,State ofIowa is a duly organized municipal corporation;AND, WHEREAS,there has been presented to the Waukee City Council an Application for Annexation,as required by Section 368.7,Code ofIowa,as amended;AND, WHEREAS,said real estate is adjacent to the existing City Limits of the City of Waukee,Iowa; AND, WHEREAS,the City of Wankee desires to annex said territory upon the Application heretofore presented. NOW THEREFORE BE IT RESOLVED,by the City of Waukee City Council in session this 4th day of December,2000 that; 9.The Application for Annexation of the property as described in Exhibit A attached hereto is hereby approved. 10.The City Clerk of Waukee shall forthwith cause this Resolution,the map exhibit attached hereto and any other filings as required by Section 368.7,Code ofIowa to be filed with the City Development Board and the state ofIowa Secretary of State's Office. Wayne Johnson,Mayor Pro-Tern Mark J.Arentsen,City Administrator/Clerk ROLLCALL Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson A YES NAYS ABSENT X X X X X 20.RESOLUTION:Approving Voluntary Annexation Petition and Bestows Upon the Annexed Property an Imposition of Property Taxes as Provided in §368.11 , Subsection 13 of the Code of Iowa for Merlin &Pamela Voigt.Motion by Berger, second by Gruber to approve annexation request.Ayes:Berger,Gruber,Watts and Johnson.Motion approved 4-0. RESOLUTION 00-217 RESOLUTION ASSENTING TO THE VOLUNTARY ANNEXATION OF THE MERLIN &PAMELA VOIGT PROPERTY AND APPROVING FIVE YEAR INCREMENTAL TAX ABATEMENT 12 WHEREAS,the City of Waukee,Dallas County,State ofIowa is a duly organized municipal corporation;AND, ,) WHEREAS,there has been presented to the Waukee City Council an Application for Annexation,as required by Section 368.7,Code ofIowa,as amended;AND, WHEREAS,said real estate is adjacent to the existing City Limits of the City of Waukee,Iowa; AND, WHEREAS,the City of Waukee desires to annex said territory upon the Application heretofore presented;AND, WHEREAS,the City of Waukee bestows upon the annexed property an imposition of taxes as provided in Section 368.11,subsection 13 of the Iowa Code, NOW THEREFORE BE IT RESOLVED,by the City of Waukee City Council in session this 4th day of December,2000 that; 11.The Application for Annexation of the property as described in Exhibit A attached hereto is hereby approved. 12.The City Clerk of Waukee shall forthwith cause this Resolution,the map exhibit attached hereto and any other filings as required by Section 368.7,Code of Iowa to be filed with the City Development Board and the state of Iowa Secretary of State's Office. ) Wayne Johnson,Mayor Pro-Tern Mark 1.Arentsen,City Administrator/Clerk ROLLCALL Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson AYES NAYS ABSENT X X X X X 21.RESOLUTION:Approving Agreement with Iowa Department of Transportation (!DOT)for Installation of Traffic Signals at Alice's Road:The mOT has agreed to install a temporary traffic signal at Alice's RoadlHickman Road intersection by December 30,2000 and will install permanent fixtures at the same location by the Fall of 2001.Motion by Berger,second by Gruber to approve agreement with mOT. Ayes:Berger,Gruber,Watts and Johnson.Motion carried 4-0. RESOLUTION 00·218 ) 13 Staff Action No:_ ADDENDUM TO PRECONSTRUCTION AGREEMENT 98-3-209 County __-"D"'a"'I"'la""s _ City ---'W!..!a"'u""k"'e><e--,-,-:--:-~~ Project No.STP-6-3(48)-2C-25 Iowa DOT Addendum No.98-3-209C This Addendum,is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT",and the City of Waukee in Dallas county,Iowa, hereafter designated the "CITY"in accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections 28E.12 and 306A.7; WITNESSETH;that WHEREAS,the Cl'I'Y in joint cooperation with the DOT proposes to improve an extension ofU.S.6 within the CITY;and WHEREAS,the DOT and the Cl'I'Y are willing to jointly participate in said project,in the manner hereinafter provided;and WHEREAS,this Addendum reflects the current concept of this project which is subject to modification by the DOT;and NOW,THEREFORE,rr IS AGREED as follows: 1.U.S.6 will be reconstructed within the CITY beginning approximately 637 meters east of the west corporation line and extending easterly to Alices Road (County Secondary Road R30).A Four-lane divided curbed roadway (12.0)meters wide on each side from back to back of curb)with a raised earth median (3.4 meters wide)will be constructed throughout the project.Left-tum lanes will also be constructed on U.S.6 at all side roads which intersect the project. Special Provisions 2.The Cl'I'Y and DOT have previously entered into the following Agreements for the above referenced project: A.Agreement 94-P-062,for preliminary design concepts,was signed by the Cl'I'Y and DOT on December 2 and 17,1996 respectively. 14 5.The CITY will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216.No person will,on the grounds of age,race,creed,sex,color,national origin,religion or disability,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which State funds are used. ) B.Agreement 98-3-209,for project construction,was signed by the CITY and DOt on September 15 and 24,1998 respectively. 3.Subsequent to execution of Agreement 98-3-209 (see Section 2 above),it was determined that traffic signals were warranted at the U.S.6 intersection with Alices Road located in the eastern part of the CITY.Therefore,the DOT agrees to install said traffic signals at said location to satisfy the warrant.The following terms and conditions shall apply to construction of the traffic signal installation as described: A.The DOT will extra work order the traffic signal construction to current U.S.6 project;STP-6-3(48)-2C-25.Cost of the traffic signal installation will be born entirely by the DOT at no expense to the CITY. B.Upon completion of construction the CITY agrees to accept ownership of newly installed traffic signals,as described,including the cost of all future maintenance and energy responsibilities associated therewith,all at no additional expense or obligation to the DOT. 4.The new traffic signal construction shall be provided under guidelines established in 761 Iowa Administrative Code Ch.150. General Provision Miscellaneous Provisions 6.It is the intent of both parties that no third party beneficiaries be created by this Addendum. 7.If any section,provision,or P31t of this Addendum will be found to be invalid or unconstitutional,such judgment will not affect the validity of the Addendum as a whole or any section,provision,or part thereof not found to be invalid unconstitutional. 8.This Addendum may be executed in tow counterparts,each of which so executed will be deemed to be an original. 9.This document as well as previously executed Agreements 94-P-062 &A 98-3-209 (see section 2 herein)represents the entire Agreement between the CITY and ) 15 DOT regarding this improvement.Any subsequent change or modification to the terms of this Addendum will be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF,each of the parties hereto has executed Addendum No.98-3-209C as of the date shown opposite its signature below. CITY OF WAUKEE By:Wayne Johnson,Mayor Pro-Tern Date December 4,2000. I,Mark J.Arentsen,certify that I am the Clerk of the CITY,and that ____________,who signed said Addendum for and on behalf of the CITY was duly authorized to execute the same on the 4th day of December,2000. Signed _ City Clerk of Waukee,Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By:Date.,2000. John Selmer District Engineer District 4. Wayne Johnson,Mayor Pro-Tern Attest: Mark J.Arentsen,City Administrator ROLLCALL AYES NAYS ABSENT Nicholas C Gruber Marvin Berger Mike Watts Wayne Johnson William Peard x X X X X 16 AN ORDINANCE TO AMEND CHAPTER 212,WAUKEE MUNICIPAL CODE,OF THE CITY OF WAUKEE,row A,BY AMENDING SECTION 212.2,TO AMEND THE HOURS OF PERMITTED OPEN BURNING,TO RESTRICT OPEN BURNING WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,IOWA, EXCEPT FOR THE BURNING OF PLANT AND VEGETABLE MATTER ORIGINATING ON THE PREMISES OWNED OR LEASED BY SUCH PERSON, BETWEEN THE HOURS OF 7:00 A.M.TO 7:00 P.M.,APRIL 15TII THROUGH APRIL 30TH,EXCLUDING SUNDAYS,WITH SAID FIRES BEING EXTINGUISHED AND NOT SMOLDERING BY THE 7:00 P.M.DEADLINE,SUBJECT TO EXCEPTIONS CONTAINED IN SUBPARAGRAPHS A THROUGH D OF SAID SECTION.} 22.ORDINANCE:Revising Dates for Spring &Fall Open Burning (2nd &3rd Reading):The Ordinance allows for two weeks in the spring (April 15 to April 30) and four weeks in the fall (November 1 to November 30)to be allowed for open burning.Motion by Gruber,second by Berger to have 2nd reading in title only. Ayes:Gruber,Berger,Watts and Johnson.Motion by Berger,second by Watts to have~·d reading in title only.Ayes:Berger,Watts,Johnson and Berger.Motion by Gruber,second by Berger to put ordinance on its final passage.Ayes:Gruber, Berger,Watts and Johnson.Mayor Pro Tern Johnson announced the ordinance to be duly approved. .\ ORDINANCE NO.2335 BE IT ORDAINED by the Council of the City of Waukee: Section 1.Section 212.2 of Chapter 212,Waukee Municipal Code,is hereby amended by deleting therefrom the words,"between the hours of 7:00 A.M.to 7:00 P.M., April 15th through May 15th,excluding Sundays,and between the hours of 7:00 A.M.to 7:00 P.M.,October 15th through November 30th,excluding Sundays,"and inserting lieu thereof: "between the hours of 7:00 A.M.to 7:00 P.M.,APlil15th through April 30th,excluding Sundays,and between the hours of 7:00 A.M.to 7:00 P.M., November 1st through November so",excluding Sundays," So that said section reads as follows: §212.2 Open Burning Prohibited.No person shall kindle or maintain any bonfire or refuse fire,or bum inorganic material,any paper or similar combustible debris,including plants,leaves or vegetable matter,or authorize any such fires to be kindled or maintained on any private land within the boundaries of the City of Waukee,except for the buming plant and vegetable matter originating on the premises owned or leased by such person,between the hours of 7:00 A.M.to 7:00 P.M.,April l S'"through April 30th,excluding Sundays,and between the hours of 7:00 A.M.to 7:00 J 17 P.M.,November 1st through November so",excluding Sundays,with said fires being extinguished and not smoldering by the 7:00 P.M.deadline, and except the following: 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 adjusted 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 December 2000,approved this 4th day of December,2000. VVayne Johnson,MayorPro-Tem Attest: Mark J.Arentsen,Clerk!Administrator 23.Reports: Mark Arentsen:Reported he has attended meetings regarding the VVastewater Reclamation Authority;attended a budget seminar and announced he has received all of the department head budgets. Joshua Smith:Joshua reported that he and Chief Police Phillips have looked at creating a VVaukee Historical Society. Jody Gunderson:Jody announced that Gilcrest Jewett had received an award for being a business that was active civically. John Gibson:John indicated that Public Works was doing a lot of crack sealing,and reported about keeping track of Hickory Tech's progress.John also said that he has been working on his department budget. Paul Huscher:Paul addressed a concern of religious art in the VVaukee Community Center. Wayne Johnson:Announced Park Board nominations and congratulated Paul on his fine article in the Des Moines Register last week. Mike Watts:Gave a report regarding the revitalization of the downtown area through the Community Development Board. Marvin Berger:Marvin gave a report regarding the status of the library project. 18 Nick Gruber:Gave a brief report regarding what has been happening at Planning & Zoning. \24.ADJOURNMENT:Motion by Gruber,second by Berger to adjourn at 8:55 p.m. The Mayor Pro Tern asked for a voice-vote and all were in favor of adjoumment. Meeting adjoumed at 8:55 p.m. ATTEST: I .j 19