HomeMy WebLinkAbout1988-12-27-Special Minutes18 December 13,1988---cont
Moved by Hoife1dt,second by Gruber,to pay $3319.23 to Des Moines
Asphalt for 5%retainage after December 31.Carried 3 to O.
110ved by Gruber,s"econd by Scott,to pay $28,911.19 to C L Carroll
Construction for 5%retainage.Carried 3 to O.
Moved by Hoifeldt,second by Gruber,to approve change order i!l
in amount;of $1788.69.Carried 3 toO.
Moved by Gruber,second by Hoifeldt,to approve pay estimate #2
to R G Elder Co.in amount of $6299.02.Carried 3 to D.
The Special Census Project was discussed.The Council will meeting
December 27 to certify the census.
Moved by Gruber,second by Stork,to appoint Eric Korpanty to
P &Z to fill Jerry'JoHnson's seat and reappoint Mark Casey for
another term on P &Z.Carried 3 toO.
No action was taken of the Board of Adjustment appointment.
Sale or excess property was discussed and the Council advised to
advertise this equipment for bids.
The fire hydrant and construction review of Atlantic Bottling was
held.The City will need a letter agreement from Atlantic Bottling
allowing the City to flush and repair hydrant and draw water as
necessary.
Moved by Gruber,second by Hoifeldt,to pay for material cost of
hydrant at Atlantic Bottling.Carried 3 to O.
Moved by Hoifeldt,second by Scott,to purchase Christmas turkeys
and hams for full-time City employees.Carried 3 to O.
There was no Public Safety,Mayor or Administrator's report.
110ved by Gruber,second by Hoifeldt,to adjourn at 10:55 p.m.
Carried 3 to O.
Meeting adjourned.
December 27,1988
A special meeting of the Waukee City Council was called
on':'eceribe:r27,:!.9B8 'at"7:·OOp .,~,by Mayor Rosenkr anz ,
Redshaw was present and ta~:in~!'!inutes·.
A roll call was taken and the f'ol Lowfng Councilmen were nresent:~.
Scott,Brown,Hoifeldt,Oetting.Absent:Gruber.
to order
BrianJ.
Guests and staff present were:Kelly Lint,Allen l1unste=an,
Gene Hardy ,Francis Iveil,Dr and l1rs 11ilton Dakovich.
Moved by Scott,second by Hoifeldt,to adopt Resolution No.94
as follows:
RESOLUTION NO.9Lf
RESOLUTION ACCEPTING COREHE ACRES PLAT (11),A
SUBDIVISION OF THE CITY OF WAUKEE,DALLAS COUNTY,
IOHA
IVHEREAS,United Equity Investnent Corporation.has presented a final
plat (11)to the IJaukee Planning and Zoning Comnission and the
Waukee Planning and Zoning Co~ission has approved this plat (11)
on December 27,1988,and
December 27,1988---cont 1~l
~mEREAS,the City of Waw~ee,at a special City Council meeting
on December 27,1988,approved final plat (11),Corene Acres,
Waukee,Iowa,Dallas County.
A roll call vote was taken as follows:
Ayes:Oetting,Hoifeldt,Brown,Scott
Nays:none recorded
Absent:Gruber
Hoved by Oetting,secori.dby Br own ,to adopt Resolution No.95
as follows:
RESOLUTION NO 95
,JHEREAS,the last official
taken in 1980,was 2227,and
census of the City of Waukee,
,VHEREAS,the City of \oiaukee
petition including parts of
ship,Dallas County,Iowa,
filed a voluntary annexation
Sections 35 and 36 of Vlalnut Town-
and
,JHEREAS,the City of Waukee
ulation within this area in 1980
has dete=ined
69,
that the pop-
was
NO,l,THEREFORE,BE IT
\iTa~ee,Iowa that the 1980
RESOLVED by the City Council of
census figure be changed to 2296.
Dated December 20/,1988 at Waukee,Iowa.
A roll call vote was taken as follows:
Ayes:Oetting,IIoifeldt,Brown,Scott
Nays:None recorded
Absent:Gruber
I.
Francis Weil,chairman of the Dallas County Board of Supervisors,
and Gene Hardy,Dallas County Engineer,were present to discuss
a proposed paving project for l42nd St.between Hickman Rd.and
University Ave.The proposed project would cost approximately
$401,000.00 with the City of Clive to pay $200,000.00,Dallas
County-$165,000.00,and the City of Waukee-$36,000.00.If the
project was agreed upon,the 3 governmental entities would have
to enter into a 28E agreement.
Dr Hilton Dakovich and his wife,Shirley,were also present at
this meeting.They are the only affected property owners "ithin
the City of "aukee and their property fronts along llf2nd St.for
a distance of approximately 900'.
The $36,000.00 cost estimate does not include the purchase of
right-of-way.Approximately 20-25'of Dr.Dakovich's property
would be necessary for the paving project.The possibility of
using special assessment bonds to finance the project was discussed ..
Dr Dakovich is to let the Council know about the purchase price
of the additional right-of-way.
It was moved by Councilman Scott,and seconded by Councilman
Hoifeldt,that the Ordinance entitled:"AN ORDINANCE PROVIDING
FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE
,oiAUKEEURBAN RENE,lAL AREA OF THE CITY OF WAUKEE,IOWA,PURSUANT
TO SECTION 403.19 OF THE CODE OF IOWA"be now read by the City
Clerk.The Hayor put the question on the motion,and the roll
20 December 27,1988-,--cont
being called,thefollo~nng named Councilmen voted:
Ayes:Scott,Brown Hoifeldt,Oetting
Nays:None recorded
Absent:Gruber
vfuereupon,the Mayor declared the motion duly carried.
It was moved by Ho LfieLdt;,second by Brown,to dispense with the
2nd oral reading.A roll call vote was taken as follows :
Ayes:Oetting,Hoifeldt,Brown,Scott
Nays:None recorded
Absent:Gruber
~;AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE
PROPERTY IN THE WAUKEE URBAN RENEWAL AREA OF THE CITY OF WAUKEE,
IOWA,PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA
BE IT ENACTED by the Council of the City of Waukee,Iowa:
Section 1.Purpose.The purpose of this ordinance is to provide
for the division of taxes levied on the taxable property in the Waukee
Urban Renewal Area of the City of Waukee,Iowa,each year by and for
the benefit of the state,city,county,school districts or other
taxing districts after the effective date of this ordinance in order to
create a special fund to pay the principal of and interest on loans,
moneys advanced to or indebtedness,including bonds proposed to be
issued by the City of Waukee to finance projects in such area.
Section 2.Definitions.For use within this ordinance the
following terms shall have the following meanings:
"City"shall mean the City of Waukee,Iowa.
"County"shall mean the County of Dallas,Iowa.
"Urban Renewal Area"shall mean the Waukee Urban Renewal Area of
the City of Waukee,Iowa,the boundaries of which are set out below,
such area having been identified in the Urban Renewal Plan approved by
the City Council by resolution adopted on December 13,1988:'
The Northwest Quarter (NW 1/4)of Section Thirty-five (35),
Township Seventy-nine (79)North,Range Twenty-six (26)West,
Fifth P.M.,City of Waukee,Dallas County,Iowa.'
Section 3.Provisions for Division of Taxes Levied on Taxable
Property in the Urban Renewal Area.After the effective date of this
ordinance,the taxes levied on the taxable property in the Urban
Renewal Area each year by and for the benefit of the State of Iowa,the
City,the County and any school district or other taXing district in
which the Urban Renewal Area is located,shall be divided as follows:
(a)that portion of the taxes which would be produced by the rate
at which the tax is levied each year by or for each of the taxing
districts upon the total sum of the assessed value of the taxable
property in the Urban Renewal Area,as shown on the assessment roll as
of January 1 of the calendar year preceding the effective date of this
ordinance,shall be allocated to and when collected be paid into the
fund for the respective taxing ,district as taxes by or for said taXing
district into which all other property taxes are paid.For the purpose
of allocating taxes levied by or for any taxing district which did not
include the territory in the Urban Renewal Area on the effective date
of this ordinance,but to which the territory has been annexed or
otherwise included after the effective date,the assessment roll as of
January 1 of the calendar year preceding the effective date of this
ordinance shall be used in determining the assessed valuation of the
taxable property in the Urban Renewal Area on the effective date.
21
.(b)that portion of the taxes each year in excess of such amounts
shall be allocated to and when collected be paid into a special fund of
the City to pay the principal of and interest on loans,moneys advanced
to or indebtedness,whether funded,refunded,assumed or otherwise,
including bonds issued under the authority of Section 403.9(1),of the
Code of Iowa,incurred by the City to finance or refinance,in whole or
in part,projects in the Urban Renewal Area,except that taxes for the
payment of bonds and interest of each taxing district shall be
collected against all taxable property within the taxing district
without limitation by the provisions of this ordinance.Unless and
until the total assessed valuation of the taxable property in the Urban
Renewal Area exceeds the total assessed value of the taxable property
in such area as shown by the assessment roll referred to in subsection
(a)of this section,all of the taxes levied and collected upon the
taxable property in the Urban Renewal Area shall be paid into the funds
for the respective taxing districts as taxes by or for said taxing
districts in the same manner as all other property taxes.When such
loans,advances,indebtedness,and bonds,if any,and interest thereon,
have been paid,all money thereafter received from taxes upon the
taxable property in the Urban Ren.ewal Area shall be paid into the funds
for the respective taxing districts in the same manner as taxes on all
other property.
(c)the portion of taxes mentioned in subsection (b)of this
section and the special fund into which that portion shall be paid may
be irrevocably pledged by the City for the payment of the principal and
interest on loans,advances,bonds issued under the authority of
Section 403.9(1)of the Code of Iowa,or indebtedness incurred by the
City to finance or refinance in whole or in part projects in the Urban
Renewal Area.
(d)as used in this section,the word
ot limited to,all levies on an ad valorem
roperty.
Section 4.Repealer.All ordinances or parts of ordinances in
onflict with the provisions of this ordinance are hereby repealed.
"taxes"includes,but is
basis upon land or real
Section 5.Saving Clause.If any section,pr~vis~on,or part of
his ordinance shall be adjudged invalid or unconstlt~tlonal,such
djudication shall not affect the validity of th~ordln~nce ~s a whole
,r any section,provision or part thereof not adJudged lnvalld or
.nconstitutional.
Section 6.Effective Date.
lfter its final passage,approval
This ordinance shall be effective
and publication as provided by law.
Moved by Oetting,second by Brown,to adopt the following Resolution:
RESOLUTION NO.96
WHEREAS,on December 16,1988
(date of conviction)
___""Kc:e,",r,,"ro.:YLD~e.:;a!!n~G,"r,Ja:!:..YL':-~_~~was convicted
(name of person convicted)
Dallas County
(name of county)
No.27 of
copy of said conviction
reference)and
in
Magistrate Court,Docket
(District/Magistrate)
violating Iowa Code section 123.49(2)(h)(a
is attached hereto and incorporated herein by
WHEREAS,at the time of the above violation
Kerry Dean Gray was an employee of Party Town,Inc.d/b/a Gjlligan
(name of person convicted)(name of establishrnent~olden
a liquor control licensee and/or beer permit holder,and Spur
WHEREAS,the acts of an agent or employee of a licensee are
imputed to the licensee,
WHEREAS,said viOlation occurred after January 1,1988 and
this'being the first conviction of .violation of this section within a
period of two (2)years,and
22 December 27,198G---cont
1 WHEREAS,Iowa Code section 123.50(3)(a),as amended,provides
that a licensee who violates said section shall be assessed a civil
penalty in the amount of $300.00,
WHEREAS,Iowa Code section 123.39,as amended,provides that
local authorities shall retain such civil penalties if the proceeding to
impose the penalty is conducted by the local authority,
NOW,THEREFORE BE IT RESOLVED,that the City of Waukee
(the local authority)
pursuant to the authority of the above cited sections hereby imposes a
civil penalty in the amount of $300.00 against PartyTown,Inc.d/b/aGilligan,s
(name of establishment )Golden
License/Permit No.LC 22474 Spur
FURTHER,
(30)days from the
in full to the
BE IT RESOLVED that said license holder has thirty
date of notice of this Resolution to pay such penalty
City of Waukee
-
Failure to
suspension
holder.
(name of local authority)
pay this penalty shall result in a fourteen (14)day
of the liquor license and/or beer permit held by the license
BE IT FURTHER RESOLVED that the City of Waukee
(name of local authority)
is hereby directed to notify the license holder of this action by
providing to sai~license holder a certified copy of this Resolution.
Such notice shall be by certified mail,return receipt requested.
FURTHER that such license holder is hereby notifi~d t~a~
li~ense holder h~s the right to appeal the imposition of thls ClVll
penalty to the Alcoholic Beverages Division o~the ~epa7t~e~t of ,,
Commerce by filing written notice of appeal wlth sa~d ~lvlslon and wl~h
the City of Waukee wlthln twenty-one (21)
(name of local authority)
days from the date of service of this Resolution.
FURTHER,that the City of Waukee(name of local authority),
shall mail a copy of this Resolution to:Licensing Bureau,,Alcohollc
Beverages Division,Department of Commerce,1918 S.E.HulSlzer Avenue,
Ankeny,Iowa 50021.
This Resolution is passed this'"27th day of December
1988.
.,,,,,.
A roll call vote was taken as follows:
Ayes:Oetting,Hoifeldt,Brown,Scott
~ays:None recorded
Absent:Gruber -
Larry Oetting gave a Utilities Committee report suggesting use of
Northern Natural Gas refund for west side water main extensions.
Curtis Scott left at 8:05 porn.
Floyd Rosenkranz requested a proposed routing for a west side water
main extension.
Moved by Oetting,second by Brown,to adjourn at 8:15 porn.Carried
3 toOo
Meeting adjournedo