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Home My WebLink About1990-03-20-Special MinutesI I 151 March 13,1990----cont Moved by Barrett,second by Gruber,to adjourn at 11:35 p.m.Carried 5 to O. Meeting adjourned. March 20,1990 A special meeting of the Waukee City Council was called to order at 7:00 p.m.by Mayor Floyd Rosenkranz.Brian Redshaw was present and taking minutes. A roll call was taken and the following named Councilmen were present: Gruber,Scott,Barrett,Clark.Absent:Bailey. Guests and staff present were:Ben Phillips,Viola Neubauer,Helen Palmer,James Thompson,Marlys Thompson,Steve Hawbaker,Don Henson, Jerome Volkmer,John Gambrall,Frank Hoifeldt,John Bruecken,Roger Anderson,Al Munsterman,Charlotte Swallow,Lloyd Royer,Byna Woods, Tim Wagner,Cecil Reynolds and Gary Smith. Gary Smith spoke to the Council regarding his proposed FMHA elderly housing project.He indicated that the development would look very similar to the Evergreen Manor complex and be composed of 24 ranch- style units with slab on grade.The area would be served by gravity flow sewer to the intersection of 7th St.and Cherry S,t.According to Federal government rules,the area would accomodate 51 of these units maximum. As a condition of the proposed R-2 to R-3 rezoning',the following agree ment is hereby entered into the record: AGREEMENT It is agreed by and between Gary C Smith,Developer,Mark Broderick, Developer and Muriel Nizzi,Owner,hereinafter called developer,and the City of Waukee,Iowa,under the provisions of 414.5,Code of Iowa, as amended"that the City of Waukee,Iowa,will amend its zoning ord- inance,from'R-2 to R-3 as to the following described real estate: '·'B'e'g'innJ.ngatthc Southw st ,(SW'),Corner,,of,the,Southwest Quarter,'Northwest Quart r'(swi 'wi)of:'Se'ctio'ri°3 3 ,Townshi~ 79 North,Range 26,Wes of the 5th P;M.,Dallas County, Iowa;thence North 0 de bO',a ong the West line of said Southwest Quarter North est Qua ter (Swi NWi),639.9 feet to the South line of Ch rry Str et extended;thence North 89 deg 40'East,a long he Sou'tJ:.:line of,Cherry s t r e e t ex- tended and the South IiI e of Ch rry Street 1176.0 feet to a point 24 feet East of the cen erline of Seventh Street thence South 00'deg 29'a st ,al ng a line 24 feet East of aria para 11e 1 wi th.,the',c nterl in r.of ,Seyen,th Street extende~, 408.0 feet;thence Sout!89 deg 40'West,24.0 feet;thene SouthOdeg 29'East,a ong thecenterlihe ,of Seventh Stre t exterided'229.20 flOet to the Sou h line of said Southwest Quarter Northwest Quart r (swi Wi);thence South 89 deg 32'West along the Soutl line 0'said Southwest Quarter Northwest Quarter (swi wi),11 7.4 feet to the point of beginning,E,XCEPT propefty desc ibed as:Beginning at a point 40.0 feet South 0ldeg 29'East and 1.0 feet South 89 deg 40'West of the outheas Corner of Lot Twe]ve (12) Block ELEVEN (11),Four h nddit'on to the Town of Waukee, Dallas County,Iowa,Sa d point also being on the South line of Cherry Street a d 36.0 leet South 89 deg 40'west of the centerline of 7tJ Street extended;thence South 0 d~9 29'East along a line p rallel ith and 36 feet West o f ut.h centerline,of 7th Stre t exten ed 145.0 feet;thence Sout] 89 deg 40'West 400,0 f d.et.:the[Ce North 0 dcg 79'West, ,.145.0 feet;thence NortJ 89 deg 40'East,along the South line of Cherry Street,00.0 fe t to the point of beqinnin~. "AN ORDINANCE AMENDING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY LIMITS OF WAUKEE,IOWA,FROM R-2 (ONE AND TWO FAMILY RESIDENTIAL)TO R-3 (MULTI-FAMILY RESIDENTIAL)AND PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP AND THE REPUBLICATION OF SAID MAP TO REFLECT SAID ZONING CHANGES"I 152 March 20,1990---cont (This exception being L~ts One (1)thro~gh,Pive (5)~idgwat Estates Plat One (1).)iIINDEXCE 1':Beglnm.ng at the ~W , '.f tl,e SWl NWl 0 Sectio 33-79-26;thence N 0 00corner04411l'h'h IdalongthewestlineofaidSWiNWitoalneWlC.wou . be an extension of the outh li e of Cherry Street In.the Town 'of Waukee,Iowa,a distanc of abo~t 637 feet;tnence1EastalongtheextensiolofthesouthIlneof.Cherry Streel 716 feet;thence South atallel t?the West Iln~Of,~lghth street .if extended.to tl e South Li ne of s a i d .SW".NW".. thence West .,along the S.ut h lin·of said SW*NW*to the. point of beginning. and that such amendment shall be conditioined upon said property being I developed as set forth in the proposal of the developer presented to the City Council at its meeting on 2-27-90,and as on file with the City of Waukee,Iowa.A Condition of said rezoning is that if the . developer fails to secure preliminary plat or site plan approval to develop said real estate as set forth within 36 months of such re-zoning,the Council will rezone the real estate to the zoning classification that existed before the proposed change,R-2. I/we,hereby represent that I/we are the owners of the above-describ- ed real estate and as owners and developers hereby agrees/agree to all of the terms and conditions of this agreement Gary C Smith (signature) Mark Broderick (signature) Muriel Nizzi (signature) Councilman Gruber introduced an Ordinance entitled:"AN ORDINANCE AMENDING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY LIMITS OF WAUKEE,IOWA,FROM R-2 (ONE AND TWO FAMILY RESIDENTIAL)TO R-3 (MULTI- FAMILY RESIDENTIAL);AND PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP AND THE REPUBLICATION OF SAID MAP TO REFLECT SAID ZONING CHANGES". It was moved by Councilman Scott,and seconded by Councilman Clark, that the Ordinance entitled:"AN ORDINANCE AMENDING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY LIMITS OF WAUKEE,IOWA,FROM R-2 (ONE AND TWO FAMILY RESIDENTIAL)TO R-3 MULTI-FAMILY RESIDENTIAL); AND PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP AND THE REPUBLICATION OF SAID MAP TO REFLECT SAID ZONING CHANGES"be now l'ead by tile City Cler".The Mayor put the question on the motion,and the roll being called,the following named Councilmen voted: Ay2S:Cla~k,Bar~ett,Scott,Gruber Nays:None recorded Absent:Bailey Whereupon,the Mayor declared the motion duly carried. BE IT ORDAINED by the Council of the City of Waukee: Section 1.Property rezoned. .",.,..- ~2;eg-i'fjnirigat··t b e-So u t.hw st(SW'):cor ne r.cof:!the.,Southwest QLiiCiter:Northwest Quart i(SW*.W*)of Section 33 ,TOWl"1shi~ 79 North,Range 26,Wes of the 5th P;M.,Dallas County, Iowa;thence North °de bO',a ong the West line of said Southwest Quarter North est Qua ter (Swt Nwt),639.9 feet to the South line of Ch rry Str et extended;thence North 89 d e q 40'East,along he .sout h.rl i ne of,Cherry Street ex- t~nded and the South lile of Ch rry Street 1176.0 feet to a point 24 feet East of the cen erline of Seventh Street thence South Odeo 29'ast,al nq a line 24 feet East of I March 20,1990---cont ana .paraHel'with":th~·c nte~lin ':;f ,.S.eyen,thStreet extende1' 408.0 feet;thence Soutl 89 deg 40'West,24.0 feet;thenc sou th .O'd e q 29 'East,a onqrt he]:cen ter li rie_.of.:$eventh Stre t exteriaed'229.20 feet to the Sou h line of.saidSouthwest Quaiter Northwest Quart r (SW~W~);thence South 89deg 32'West along the Soutl line o'said Southwest Quarter Northwest Quarter (SW~wi),11 7.4 feet to the point of beginning,EXCEPT prope ty desc ibed as:Beginning at a pdlnt 40.0 feet South 0 deg 29'East and 1.0 feet South 89 deg 40'West of the outheas Corner of Lot Twelve (12) Block ELEVEN (Ill,Four h Addit'on to the Town of Waukee, Dallas County,Iowa,sa d point also being on the South line of Cherry Street a d 36.0 eet South 89 deg 40'West of the c en t e r I ine of 7tl Street extended;thence South 0 d~9 29'Ea s t.:along a line p rallel ith and 36 feet West o fc t.h centerline,of 7th Stre t ext en ed 145.0 feet;thence Soutl 89 deg 40'We.st 400.0 f .e t.:the Ice North 0 deg 29'West, 145.0 feet;thence Nortl 89 deg 40'East,along the South line of Cherry Street,00.0 fe t to the point of beginnin,. (This exception being L ts One (1)thro~gh.Five (5)Ridgwa~ Estates Plat One (1).)ND EXCE T:Beg1l1nlng at the SW corner of the SW~Nwi 0 Sectio 33-79-26;thence N 0000' along the West line of aid SW~NW~to a line which would be an extension of the outh Ii e of Cherry Street in the Town of Waukee,Iowa,a distanc of about 637 feet;thence East along the e x t e n s i o r of the South line of Cherry street 716 feet;thence South a~allel to the West line of eighth street i·f extended to tl e South line of said swi NW~; ..then.ce Weste,along the .':i.ut.h lin of said S\'i~NW*to the point of beginning. 153 Section 2.Effective Date.This ordinance shall be in effect after its final passage,approval,and publication as required by law. The 2nd reading will be April 10,1990 at 7:30 p.m . .Tim Wagner,presidnet of the Waukee JayCees,spoke to the Council regarding a July 14th street dance.The Waukee Fire Association wishes to have a street dance on June 2nd. Moved by Clark,second by Gruber,to approve street dances on June 2 and July 14.A roll call vote was taken as follows: Ayes:Gruber,Scott,Barrett,Clark Nays:None recorded Absent:Bailey Moved by Clark,second by Barrett,to hire Carolyn Weieneth of Iowa Realty as real estate agent representing the City of Waukee with regard to the sale of 675 Ashworth Drive.A roll call vote was taken as follows: Ayes:Gruber,Scott,Barrett,Clark Nays:None recorded Absent:Bailey Moved by Gruber,second by Barrett,to approve the trade of Case 580K for a new Case 4 X 4 580K at a cost of $4500.00 ($2500.00 trade allow- ance and $2000.00 for 4'extendahoe option).A roll call vote was taken as follows: Ayes: Nays: Clark,Barrett,Scott,Gruber None recorded Moved by Gruber,second by Clark,to set Mar~24 as a 2nd Clean-Up Day for Waukee at 8:00 a.m.Carried 4 to O. Moved by Gruber,second by Clark,to adjourn at 8:15 p.m.Carried 4 to O. Meeting adjourned. ~/f], ~1j,J1 /f/7.ltidQ,u 1~)_ Maybr /"v ,7