HomeMy WebLinkAbout1985-07-26-Special MinutesJuly 26,1985 ~5
A special meeting of the WGlukee City Council WGIS he Ld on July
26,1985 and was called to o:r:de:r:i3,t7;00 p.m.1:1yMi3,yo:r;Go:r;dop
Christianson.
A roll call was held and the following Councilmen were present:
Gruber,Hinkson,Barrett,and Rees.Absent:Stork.
Guests and staff at this meeting were:Paul Huscher,Roger
Buffington,and Ann Ford.
No action was taken on the water main contract for Temple Construction
as the papers had not been received.-
A short discussion was held on the replacement/repair of the side-
walks within the City.Paul Huscher is to research this matter and
report back at the regular meeting in AUf;ust.
Gordon Christiasnon reported that Harry Jones needs to attend the
Peoples Gas Company certification class in Council Bluffs for
certification on plastic gas pipe.This is a 16 hour school at
a cost of $400.00.Jones requested that he be allowed to go on
a Thursday and Friday and camp.
Moved by Rees,second by Gruber,to send Harry Jones for plastic
gas pipe certification at Peoples Gas Company in Council Bluffs
with $25.00 per diem for meals,camping fees,and $20.00 for gas.
Carried 4 to O.
A short discussion was held on discrimination of 'c'time and over-
time for supervisory personnel.Gruber and Barrett will take this
under advisement when amending the City handbook.
A hearing was held as published in the Dallas County News on the
amendment to the zoning ordinance.The Mayor asked for any questions
or comments and none were received.
Councilman Gruber introduced an Ordinance entitled:"Ordinance No.
2052--AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE,MUNICIPAL CODE,
ZONING ORDINANCE OF THE CITY OF HAUKEE,IOWA,TO PROVIDE FOR THE
INCLUSION OF HELIPORTS IN M-l DISTRICT".
It was moved by Councilman Barrett and seconded by Councilman
Gruber,that the Ordinance entitled:"Ordinance No.2052--AN ORDINANCE
TO AMEND CHAPTER 301,WAUKEE,MUNICIPAL CODE,ZONING ORDINANCE OF
THE CITY OF WAUKEE,IOWA,TO PROVIDE FOR THE INCLUSION OF HELIPORTS
IN M-l DISTRICT"be now read by the City Clerk.The Mayor put the
question on the motion,and the roll being called,the following
named Councilmen voted:
Ayes:Gruber,Hinkson,Barrett ,Rees
Nays:None recorded
Absent:Stork
\fuereupon,the Mayor declared the motion duly carried.
ORDINANCE NO.2052
AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE,MUNICIPAL CODE,ZONING
ORDINANCE OF THE CITY OF WAUKEE,IOHA,TO PROVIDE FOR THE INCLUSION
OF HELIPORTS IN M-l DISTRICT.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.Section 301.19A of Chapter 301 Waukee Municipal
Code,Zoning Ordinance of the City,is hereby amended by adding
thereto "Heliport",so that the section will read:
301.19A(11)Heliports.
Section 2.Effective Date.This ordinance shall be in effect
after its final passage,approval,and publication as.required by
law.
I __6 July 26,1985---cont
It was moved by Councilman Gruber,and seconded by Councilman
Barrett,that the rules that an ordinance must be received and
filed at two meetings prior to the meeting when final action is
taken or,if published in summary,be received and filed at
one meeting prior to the meeting of final action,be dispensed
with.The Mayor put the question on the motion,and the roll
being passed,the following named Councilmen voted:
Ayes:Gruber,Hinkson,Barrett,Rees
Nays:None recorded
Absent:Stork
Whereupon,the Mayor declared the motion duly carried.
It.was moved by Councilman Rees,and seconded by Councilman
Hinkson,that the Ordinance entitled:"Ordinance No.2052--AN
ORDINANCE TO AMEND CHAPTER 301,WAUKEE,MUNICIPAL CODE,ZONING
ORDINANCE OF THE CITY OF WAUKEE,IOWA,TO PROVIDE FOR THE INCLUSION
OF HELIPORTS IN M-l DISTRICT"be now put upon its final passage
and adoption.The Mayor put the question on the final passage
and adoption of said Ordinance,and the roll being called,the
following named Councilmen voted:
Ayes:Gruber,Hinkson,Barrett,Rees
Nays:None recorded
Absent:Stork
Whereupon,the Mayor declared said Ordinance duly adopted and
passed,and signed his approval to said Ordinance.
A hearing was held as published in the Dallas County News on the
proposed Site Plan Ordinance.The Mayor asked for any questions
or comments.None were received.
Councilman Gruber,introduced an Ordinance entitled:"AN ORDINANCE
ESTABLISHING PROCEDURES FOR THE DEVELOPMENT,SUBMISSION AND APPROVAL
OF A SITE PLAN;FOR THE SUBMISSION OF SUCH SITE PLAN TO THE PLANNING
AND ZONING C0M11ISSION FOR ITS APPROVAL;AND FURTHER SETTING FORTH
PROCEDURES FOR APPEALING THE DENIAL OF THE PLANNING AND ZONING
COMMISSION TO THE CITY COUNCIL;AND FURTHER ESTABLISHING PENALTIES
FOR ANY VIOLATION OF SAID ORDINANCE".
It was moved by Councilman Gruber,and seconded by Councilman
Barrett,that the Ordinance entitled:"Ordinance No.2053--AN
ORDINANCE ESTABLISHING PROCEDURES FOR THE DEVELOPMENT,SUBMIS'SION
AND APPROVAL OF A SITE PLAN;FOR THE SUBMISSION OF SUCH SITE PLAN
TO THE PLANNING AND ZONING COMllISSION FOR ITS APPROVAL;AND FURTHER
SETTING FORTH PROCEDURES FOR APPEALING THE DENIAL OF THE PLANNING
AND ZONING COMMISSION TO THE CITY COUNCn;AND FURTHER ESTABLISHING
PENALTIES FOR ANY VIOLATION OF SAID ORDINANCE"be now read by the
City Clerk.The Mayor put the question on the motion,and the
roll being called,the following named Councilmen voted:
Ayes:Gruber,Hinkson,Barrett,Rees
Nays:None recorded
Absent:Stork
tVhereupon,the Mayor declared the motion duly carried.
ORDINANCE NO..2053
AN ORDINANCE ESTABLISHING PROCEDURES FOR THE DEVELOPMENT,SUBMISSION
AND APPROVAL OF A SITE PLAN;FOR THE SUBMISSION OF SUCH SITE PLAN
TO THE PLANNING AND ZONING COMMISSION FOR ITS APPROVAL;AND
FURTHER SETTING FORTH PROCEDURES FOR APPEALING THE DENIAL OF THE
PLANNING AND ZONING COM1lISSION TO THE CITY COUNCIL;AND FURTHER
ESTABLISHING PENALTIES FOR ANY VIOLATION OF SAID ORDINANCE.
BE IT ORDAINED by the Council of the City of Waukee:
Section!.THERE SHALL BE ADDED TO THE WAUKEE MUNICIPAL CODE,
CHAPTER 304 AS FOLLOWS:
Section 2.The Waukee 11unicipal Code should be and the same
is hereby amended by adding thereto the following additional
sections:
July 26,1985--cont u 7
SITE PLAN REQUIREMENTS
Section 3.Purpose and Application.It is the intent and purpose
of this ordinance to establish a procedures which will enable the
City to review certain proposed improvements to property within
specified zoning districts of the City to insure compliance with all
applicable zoning,subdivision and building regulations.Site
cable zoning,subdivision and building regulations.Site plans
shall only be required whenever any person proposes to place any
structure for which a building permit is required under any other
section of this Code,on any tract or parcel of land within the
"R-3"Multi-Family Residential District;"R-4"Row Dwelling and
Condominium District;"C-I"Community Commercial District;"C~2"
Central Business DiStrict;"C-3"Planned Commercial District;
"M-I"Light Industrial District;"M-2"Heavy Industrial District;
and for any use except one and two family dwellings.
Section 4.Design Standards.The standards of design provided
herein are necessary to insure the orderly and harmonious develon-
ment of property in such manner as will safeguard the public's
health,safety and general welfareo
A.The design of the proposed improvements shall make
adequate provisions for surface and subsurface drainage,
for connections to water and sanitary sewer lines,each
so designed as to neither overload existing public
utility lines nor increase the danger of erosion,
flooding,landslide,or other endangerment of adjoining
or surrounding propertyo
B.The proposed improvements shall be designed and located
within the property in such manner as not to unduly
diminish or impair the use and enjoyment of adjoining
property,and to this end shall minimize the adverse
effects on such adjotning property from automobiles
headlights,illumination of required perimeter ya~ds,
refuse containers,and impairment of light and air.
For the purpose of this section,the term 'use and
enjoyment of adjoining property'shall mean the use
and enjoyment presently being made of such adjoining
property,unless such property is vacant.If vacant,
the term "use and enjoyment of adjoining property"
shall mean those uses permitted under the zoning dis-
tricts in which such adjoining property is located.
C,The proposed development shall have such entrances and
exits upon adjacent streets and such internal traffic
circulation pattern as will not unduly increase conges-
tion on adjacent or surrounding public streets.
D.To such end as may be necessary and proper to accomplish
the standards in paragraphs A,Band C,above,the prop-
osed development shall provide fences,walls,screening,
landscaping,erosion control or other improvements.
E.The proposed development shall conform to all applicable
provision of the Code of Iowa,as amended,and all applic-
able provision of the \iTaukeeMunicipal Code,as amended.
Section 5.Required Informationo All site plans required under
Section 6 of this ordinance,unless waived by the City Engineer,
shall include as a minimum the following information:
A.Date of preparation,north point and scale.
B.Legal description and address of the property to be
developed.
C.Name and address of the record property owner,the applicant,
and the person or firm preparing the site plan.
D.The existing and proposed zoning.
8 July 26,1985---cont
E.The existing topography with a maximum of two (2)
foot contour intervals.Illiereexisting ground is
on a slope or less than two percent (2%),either one
(1)foot contours or spot elevations where necessary
but not more than fifty (50)feet apart in both
directions.
F.Existing and proposed utility lines and easements
in accordance with City of Waukee Standard Spec-
ifications and Subdivision Regulations.
G.Total number and type of dwelling units proposed;
proposed uses.for all buildings;total floor area
of each building;estimated number of employees
for each proposed use where applicable;and any
other information which may be necessary to determine
the number of off-street parking spaces and loading
spaces required by the zoning ordinance.
R.Location,shape,and two (2)different exterior
elevation views of .all proposed buildings,for
the purpose of understanding the structures,the
location of windows,doors,overhangs,projection
height,etc.and the grade relationship to floor
elevation,and.the number of stories of each
existing building to be retained and of each pro-
posed building.
I.All required yard setbaGks.
J.Location,grad and dimensions of all existing and
proposed paved surfaces and all abutting streets.
K.Complete traffic circulation and parkinf-plan,
showing the location and dimensions of all exist-
ing and proposed parking stalls,loading areas,
entrance and exit drives,sidewalks,dividers,
planters,and other similar permanent improvements.
L.Location and type of existing or proposed signs
and any existing or proposed lighting on the prop-
erty which illuminates any part of any required
yard.
M ..Location of existing trees six inches or larger in
diameter,landslide areas,springs and streams and
other bodies of water,and any area subject to
flooding by one hundred year storm.
N.Location,amount,and type of any proposed land-
scaping,plantings,fences,walls,or other screen-
ing as required by the zoning regulations and the
design standards set forth in Section 2 of this
ordinance.
O.A vicinity map at a scale of 1"=500'or larger,
showing the general location of the property,and
the adjoining land uses and zoning.
P.Soil tests and similar information,if deemed nec-
essary by the City Engineer,to determine the feas-
ibility of the proposed development in relations to
the design standards set forth in Section4.of this
Ordinance.
Q.Where possible ownership or boundary problems exist,
as determined by the Zoning Administrator,a prop-
erty survey by a licensed land surveyor may be
required.
July 26,1985---cont :u 9
Section 6.Building Permits-Application.No building permit
shall be issued for the construction of any structure that is
subject to the provisions of this ordinance,until a site plan
has been submitted covering the land upon which said structure
is to be erected and,further,approved for such development
in accordance with this ordinance.
Section 7.Procedure.
A.Pre-Application Conference.IVhenever any person proposes
to place any structure for which a buildin~permit is
required under any other section of this Code,on any
tract or parcel of land within the "R-3"Multi-Family
Residential District;"R-4"Row Dwelling and Condominium
Df.s.tr.ic t :"C-l"Community Commercial District;"C-2"
Central Business District;"C-3"Planned Commercial
District;"M-l"Light Industrial District;"M-2"Heavy
Industrial District;for any use except one and two
family dwellings,he shall submit to the City Administra-
tor a request for a Pre-Application Conference.
The Conference shall inclUde the applicant or his rep-
resentative and the Zoni:gg Administrator.The purpose
of the Conference shall be to acquaint the City staff
with the proposed construction and to acquaint the
applicant or his representative with the procedures
and with any special problems that might relate to such
construction.
The applicant shall furnish a legal description of the
subject real estate at the time of requestin~a Pre-
Application Conference,and the Conference shall be
held within seven (7)days of such request.
B.Continuous Site Plan Review.After completion of the
Pre-Application Conference as required by subsection A
of this section,and in the event the applicant wishes
to proceed with the construction as discussed at said
Conference,he shall cause to be prepared a site plan
of such proposed construction,and shall submit eleven
(11)copies of the same to the City Administrator.The
site plan shall be accompanied by a cover letter request-
ing review and approval of said plan.The payment of the
application fees is as follows:
Site plan review -one acre or less -$35.00
Site plan review -more than one acre -$70.00
The site plan shall contain all the information required
by Section 5 of this ordinance,unless otherwise waived
by the Zoning Administrator.
The Zoning Administrator shall retain one (1)copy of
his review and comment.The remaining copies shall
be retained by the City Administrator for review and
distribution.The Zoning Administrator and City Eng-
ineer shall review the plan for conformance of the
design to the standards and required data set forth
in Sections 4 and 5 of this ordinance.
C.Action.
1.The City Administrator shall promptly notify .the
applicant in writing of any revisions or additional
information needed as required by Sections 3 and 5.
If necessary,the applicant shall make revisions
and resubmit the revised planes)to the City Admin-
istrator for acceptance.If the site plan complies
with requirements set forth in this ordinance,the
applicant's plan shall be submitted to the Planning
and Zoning Commission for approval,disapproval,or
approval subject to conditions.
2.In the case of disappproval,or approval subject to
condidtions,the Planning and ·Zoning Commission shall
10 July 26,1985---cont
indicate the reasons therefore and shall return a
copy to the applicant for revisions in accordance
with action taken..The applicant shall then submit
the revised original for certification by the
Planning and Zoning Commission.
3 ..The City Administrator shall retain the duly
certified original in the department's permanent
files and shall transmit,without charge,one (1)
copy of·the same to the applicant.The applicant
shall be responsible for securing the duly certif-
ied copy of the approved site plans,as required
·to secure building and other permits,in accord-
ance with the 1981 lI'aukeeMunicipal Code,as
amended,or the 1983 Code of Iowa,as amended.
D.Appeals.
1.The applicant may,upon notice to the City Council,
appeal in whole or in part any determiniation or
action of the Planning and Zoning Commission made
within the scope of this article.Appeal shall
be made without cost by written notification of
the appeal received by the City Administrator
within ninety (90)days after the date of the action
from which appeal is sought.The City Adminis-
trator shall place the matter on the agenda of
the next regular meeting of the City Council,
provided said appeal is filed at least ten (10)
days prior to said meeting.
2.The City Council shall decide all anpeals within
thirty (30)days after written notification of the
appeal has been received by the City Administrator
provided that the appellant may agree to a longer
period not to exceed sixty (60)days after the
written notification of the appeal has been received
by the City Administrator.Failure to decide the
appeal within such period shall have the effect
overturning the Planning and Zoning Commission's
disapproval and approving the site plan as appealed.
3.At the City Council's meetings,the appealing party
or parties shall be presented a reasonable opportun-
ity to present their views.A majority vote of the
Council shall be necessary to overturn or modify
the action of the Planning and Zoning Commission.
4.A site plan that has been denied by the Planning and
Zoning Commission or City Council may be resubmitted
by the applicant to,the City Administrator pursuant
to the terms of this article,upon payment of appro-
priate fees.
Section 8.Validity of Approval.
B.
A site plan shall become effective upon certification
of approval by the Planning and Zoning Commission
pursuant to Section 7 of this ordinance.In the
event that an appeal is filed,a site plan shall not
become effective until all appeals have been decided.
The approval of any site plan required by this article
shall remain valid for two (2)years after the date of
approval,after which time the site plan shall be deemed
null and void if the development has not been estab-
lished or actual construction commenced.For the
purpose of this article °actual constructionm 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 stock-piling of
materials on the site shall not constitute actual
construction.
A.
July 26,1985---cont
Section 9.Site Plan Amendment.Any site plan may be amended
in accordance with the standards and procedures established
herein,including payment of fees,provided that the Zoning
Administrator may waive such procedure~for those minor changes
hereinafter listed.Such minor changes shall not be made unless
the prior written approval for such changes is obtained from the
Zoning Administrator.No fees shall be required for such minor
changes.
A.Moving building walls within the confines of the smallest
rectangle that would have enclosed each original approved
building (s).Relocation of building entrances or exits,
shortening of building canopies.
B.Changing to a more restrictive commercial or industrial
use,provided there is no reduction in the amount of
off-street parking as originally approved.This does
not apply to residential uses.
C.Changing angle of parking or aisle provided there is no
reduction in the amount of off-street parking as originally
approved.
D.Substituting plant species provided a landscape architect,
engineer or architect certifies the substituted species
is similar in nature and screening effect.
E.Changing type and design of lighting fixtures provided
an engineer or architect certifies there will be no change
in the intensity of light at property boundary.
F.Increasing peripheral yards.
Section 10.Applicability To Existing Development.The requirements
of this article shall not apply to the placement of any structure
for which building permits have been issued as of the date of the
adoption of this ordinance,provided that if such building permit
shall expires,then a new building permit shall not be issued until
the requirements of this ordinance have been met.Provided further,
that if an existing structure is to be reconstructed,enlarged,
expaned,or otherwise increased:
A.In the case of building uses,in an amount 50%or
greater of its existing ground coverage and/or
total floor space;or
B.In the case of non-building uses or non-building
portion of uses,in the amount of 50%or greater
of the existing developed non-building site area,
then the provisions of this ordinance shall apply.
Section 11.Violations and Penalties.Any person,firm,partnership,
association or corporation violating any of the provisions of this
ordinance shall be guilty of a misdemeanor and shall be punished by
a fine of not more than One Hundred Dollars ($100)or by imprison-
ment for not more than thirty (30)days,or by both such fine and
imprisonment.The imposition of one penalty for any violation shall
not excuse the violation or permit it to continue;and all such
persons shall be required to correct or remedy such violations or
defects within a reasonable time;and when not otherwise specified,
each thirty (30)days that prohibitive conditions are maintained
shall constitute a separate offense.In addition,the City of
Waukee may proceed in law or in equity to restrain,correct or
abate such violation,to prevent the occupancy of said building,
structure or land,or to prevent any illegal act,conduct of
business,or use in or about said premises.
Section 12.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 hereof not adjudged
invalid or unconstitutional.
Section 13.Effective Date.This ordinance shall be in effect
after its final passage,approval,d bl'.an pu lcatlon as required by law.
12
July 26,1985---cont
It was moved by Councd.Lman Gruber,and seconded by Councilman
Hf.nkscn ,that the rule that an ord:Lnancemust be received and
f l l.ed at two"meetings prior to the meeting when f Lna l,action
is taken or,if published :Ln summary,be received and filed at
one meeting prior to the meeting of final action,be dispensed
with.The Hayor put the qeustion on the motion,and the roll
being passed,the following named Councilmen voted:
Ayes:Gruber,Hinkson,Barrett,Rees
Nays,Nonerecorded
Absent,Stork
Whereupon,the Mayor declared the motion duly carried.
It was moved by Councilman Barrett,and seconded by Councilman
Hinkson,that the Ordinance entitled:"Ordinance No.2053--
AN ORDINANCE ESTABLISl{ING PROCEDURES FOR THE DEVELOPMENT,
SUBMIS'SION AND APPROVAL OF "A SITE PLAN;FOR THE SUBMISSION
OF SUCH SITE PLAN TO THE PLANNING AND ZONING COMMISSION
FOR ITS APPROVAL;AID)FURTHER SETTING FORTH PROCEDURES FOR
APPEALING THE DENIAL OF THE PLANNING AND ZONING COMMISSION
TO THE CITY COUNCIL;AND FURTHER ESTABLISHING PENALTIES
FOR ANY VIOLATION OF SAID ORDINANCE"be now put upon its final
passage and adoption.The Mayor put the question on the final
passage and adoption of said Ordinace,and the roll being called,
the following named Councilmen voted:
Ayes,Gruber,.Hd.nkson ,Barrett,Re es
Nays:None recorded
Absent:Stork
vfuereupon,the Mayor declared said Ordinance duly adopted and
passed,and signed his approval to said Ordinance.
Moved by Gruber,second by Barrett,to adjourn at 7:34 .p vm ,
Carried 4 toO"
Meeting adjourned.~#~~
"
August 13,1985
The regular meeting of the Haukee City Council was called to
order at 7:30p.m.by Hayor Gordon Christianson.
A roll call was held and all Councilmen were present.
Guests and staff at this .[cE'etingwere:Harry Russell,Bonnie
Palmer,Brian Redshaw,Paul Huscher,Roger Buffington,Ann Ford,
Gunnar Rorbakken,Ben Phillips,JoAnn Zimmerman,Nick Gruber,
Floyd Rosenkranz,Harc Stiles,Ken Hopper,Randy Krohn,James
Ash,Larry Phillips,and Don Henson..
Mo'ved by Gruber,second by Hinkson,to expunge the motion from
the July 9 minutes,accepting the June 11 minutes.Carried 5 to O.
A correction was made to the June 11 minutes to add the following
text:"It was moved by Council Hemeber Stork and seconded by
Council Member Barrett that this meeting be adjourned to the
9th day of July,1985,at 7:30 o'clock P.li.,at the City Hall,
in the City,at which time and place the Council will take action
for the issuance of the aforementioned bonds and to provide for
the levy of taxes to pay the same and to transact such other business
as may come before the meeting.
The Mayor put the question on the motion and the roll being
called,the followi~g named Council Members voted:
Ayes:
Nays:
Stork,Rees,Barrett,Hinkson,Gruber
None recorded