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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