HomeMy WebLinkAbout1992-01-06-Regular Minutes-76-
Council chairs.After discussion,the Council decided that due to the recent investment
problems no action will be taken to replace the present chairs.
Spectator chairs.Because of the reasons stated in the discussion concerning the
Council chairs also applies to this item,the Council decided to take no action at
this time.
Early closings 12/24 and 12/31.Motion made by Gruber to cJDse city offices at noon
on 12/24/91 and 12/31/91,seconded by Duroy.Motion carried 4 to O.
Waste Management recycling program.After discussion of usage by surrounding communities
and anticipated costs,the Council directed staff to include recycling program costs
in the FY 92-93 budget and to contact business about locating the collecting bin on
their property at a central location.
Brian Redshaw updated the Council on the status of our Iowa Trust investments.
Adjournment.Motion by Duroy to adjourn,seconded by Gruber.Motion carried 4 to O.
The meeting adjourned at 7:44 P.M.
ATTEST:Br¥~J
January 6,1992
The regular meeting of the Waukee City Council was called to order at 7:06 P.M.on Monday
January 6,1992 by Mayor Floyd W.Rosenkranz.
Robert Barrett was present and taking minutes.
Roll call was taken and the following Councilmen were present:Don Bailey,Ray Clark,
Frank Duroy and Nick Gruber.Curtis Scott was absent.if"
The following staff and guests were present:Don White,Larry Phillips,Tim Royer,Jim
DeWitt,Scott Thomas,Chet Chedester,Ben Phillips,Jeff Abbas,Rick Ross,Don Henson,
Bob Hoffman,Lloyd Royer,Joy Riggs,and Roslyn Bales.
Mayor Rosenkranz explained to the audience the voting procedure used by the Council,
possible reasons members may abstain from voting and that an abstention is not considered
as a No vote.
Moved by Bailey,seconded by Clark to approve 12/10 and 12/23 minutes as corrected.
Motion cerraed 4 to O.
Open Forum.
Chet Chedester informed the Council that the 10/29 Council Meeting minutes were
not published until 12/19 and that the State law requires publishing of minutes within
15 days of a meeting.Brian Redshaw stated that this minutes were overlooked and when
the e=or was discovered the minutes were published as soon as possible.
Bill Presentation.
Moved by Duroy,seconded by Clark to approve bills totaling $30,996.25 as presented.
Motion ca=ied 4 to O.
ARATEX SERVICES,INC.
BANKNOTE PRINTING
BATES &ASSOCIATES
BEN FRANKLIN
BUSINESS CCMMUNICATIONS
DALLAS COUNTY AUDITO
DALLAS COUNTY NEWS
DES MOINES WATERWORKS
ELECTRONIC ENGINEERING
EQUIMETER,INC.
G.C.M.O.A.
HAWKEYE AUTO SUPPLY
HEART OF AMERICA
LM.W.C.A.
ICWA PCJNER
ICWA PIPELINE ASS.
s 4.37
48.53
305.19
59.97
96.40
827.28
437.93
10,405.4;5
302.51
9.04
25.00
145.95
58.25
362.33
2,631.28
309.39
-77-
IaJA PCWERs LIGHT
KAR PRODUCTS
TONI LESTlNA
MARTINMARIETTAAGGR.
MID-LANDEQUIPMENT
0'HALLORANINTERNATIONAL
OLSONBROI'HERS
OVERHEADDOORCOMPANY
PAYLESSCASHWAYS,INC.
PRECISIONCOMPUTER
QUIK PRINT
RC WELDING
STOREY-KENWORTHY
UTILITY CONSULTANTS
DIANNAVANZEE
VEENSTRA&KIMM,INC.
WAUKEEMUNICIPALGAS
WAUKEEVET CLINIC
1,489.73
242.03
10.40
285.15
32.25
100.73
833.34
3,630.00
206.52
500.00
143.46
38.47
320.67
200.00
4.16
4,989.80
1,181.00
35.00
Depository &Alternate Depository Resolution.
Resolution No.185
Resolved that the City Council of Waukee in Dallas County,Iowa,approves the
following list of financial institutions to be depositories of the City of Waukee funds
in conformance with all applicable provisions of Iowa Code Chapters 452 and 453 (1983)
as amended by 1984 Iowa Acts,S.F.2220.The City Clerk/Administrator is hereby
authorized to deposit the City of Waukee funds in amounts not to exceed the maximum
approved for each respective financial institution as set out below.
Brenton State Bank,Dallas Center $800,000
Raccoon Valley State Bank,Adel 500,000
Firstar Bank,Des Moines NA 500,000
Bankers Trust Company,Des Moines 500,000
Norwest Banks Iowa NA 500,000
$2,800,000
Moved by Gruber,seconded by Bailey to approve Resolution #185 a roll call vote was
taken.Ayes:Bailey,Clark,Duroy and Gruber.Nayes:none recorded.Absent Scott.
Motion carried 4 to o.
Publication and Alternate.
Moved by Clark,seconded by Duray to name the Dallas County News as the official
publication and the Des Moines Register as the alternate.Motion ca=ied 4 to O.
Police Chief.
Moved by Duray,seconded by Clark to appoint Larry Phillips as Police Chief.Motion
ca=ied 4 to O.
City Engineer.
Moved by Bailey,seconded by Clark to name Veenstra &Kimm,Inc.as City Engineer.
Motion carried 4 to O.
City Attorney.
Moved by Gruber,seconded by Duroy to name Paul E.Huscher as City Attorney.Motion
carr-ied 4 to O.
Minutes for All Committees.
The Mayor asked the Councilmen to be sure to furnish minutes for all committee meetings
to City Hall.
Water Rate Ordinance.
Chet Chedester presented a petition bearing 16 signatures requesting the Council delay
the third reading of the Water Rate Ordinance and putting the question to a public
vote.Paul Huscher discussed with the Council the points contained in the petition and
Chet Chedester explained his position.
Moved by Clark,seconded by Gruber to receive and file the petition.A roll call vote
was taken.Ayes:Bailey,Clark,Duray and Gruber.Nayes:None recorded.Absent:
Scott.Motion carried 4 to O.
Bob Hoffman questioned the proposed water rates increase and expressed concern about
the effect of the rates on senior citizens.The Mayor explained that these concerns
were taken into account when the rates were considered to minimize the impact on the
elderly.
Chet Chedester questioned whether because the praposed ordinance had been changed from
the first reading,would this be only the second reading.It was explained that this
would be the third reading of the ordinance to amend Water Rates and that it is
permissable to change an ordinance at any reading.
Councilman Bailey moved to proceed with the third reading of the Water Rate Ordinance,
seconded by Gruber.A roll call vote was taken.Ayes:Bailey,Clark,Duroy and Gruber.
Nayes:None recorded.Absent:Scott.
City Clerk Brian Redshaw read the Water Rate Ordinance.
ORDINANCENO.2149
AN ORDINANCETO AMENDCHAPTER203,WAUKEE,MUNICIPALCODE,WATERRATEORDINANCE.
AN ORDINANCEAMENDINGWATERRATESTO BE CHARGEDBY THEWATERWORKSOPERATEDBY THE
CITY OF WAUKEE,ICWA.
BE IT ORDAINEDby the Council of the City of Waukee:
Section 1.Chapter 203.2 of Chapter 203 Waukee Municipal Code,is hereby arrended
by deleting said section and inserting in lieu thereof the following:
§203.2 Water Rates.Water shall be furnished at the following monthly rates
per meter within the City limits:
First 2,000 gallons or $15.00 per month
lesser amount per month (minimum monthly bill)
Allover 2,000 gallons $6.40 per 1000 gallons
per month.
All users outside the City of Waukee will be charged $30.00 per month minimum and two
times the above designated rates per meter.
Section 2.Effective Date.This ordinance shall be in effect after its final
passage,approval,and publication as required by law.
Passed by the Council the day of ,1991,and approved this day
of ,1991.
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ATTEST:
Floyd Rosenkranz
Floyd Rosenkranz
MAYOR
Brian Redshaw
Brian J.Redshaw,City Clerk
ORDINANCENO.2150
AN ORDINANCETO AMENDCHAPTER204,WAUKEE,MUNICIPALCODE,SANITARYSEWERRATE
ORDINANCE.AN ORDINANCEAMENDINGSANITARYSEWERRATESTO BE CHARGEDANDOPERATEDBY
THE CITY OF WAUKEE,ICWA.
BE IT ORDAINEDby the Council of the City of Waukee:
Section 1.Chapter 204.5 of Chapter 204 Waukee Municipal Code,is hereby amended
by deleting said section and inserting in lieu thereof the following:
§204.5 Rate of Rent and Manner of Payment.The rate of rent shall be 60%of
the net water bill established by ordinance of the City from time to
time:
The rent shall be paid under the water bill at the time payment of the
water bill is due and under the same conditions beginning with the
next payment after connection to the sewer system is made.
Section 2.Effective Date.This ordinance shall be in effect after its final
passage,approval,and publication as required by law.
Passed by the Council the day of r 1991,and approved this day of
____,1991.
Floyd Rosenkranz
ATTESTED:
Floyd Rosenkranz
MAYOR
Brian Redshaw
Brian J.Redshaw,City Clerk.
Moved by Clark,seconded by Duroy to put Ordinance No 2149 errt i.tLed "an Ordiance to
Amend Chapter 203,Waukee,Municipal Code,Water Rate Ordinance.An Ordinance Amending
Water Rates To Be Charged by The Water Works Operated By The City of Waukee,Iowa.
upon its final passage and adoption.A roll call vote was taken.Ayes:Bailey,Clark,
Duroy and Gruber.Nayes:None recorded.Absent:Scott.Motion carried 4 to O.
Mayor Rosenkranz declared the ordinance dUly adopted and passed.
Sewer Rate Ordinance.
Moved by Bailey,seconded by Clark for third reading of the Sewer Rate Ordinance.A
roll call vote was taken.Ayes:Bailey,Clark,Duroy and Gruber.Nayes:None recorded.
Absent Scott.Motion carried 4 to O.
City Clerk Brian Redshaw read the Sewer Rate Ordinance.
Moved by Duroy,seconded by Gruber to put Ordinance No 2150 entitled "An Ordinance to
Amend Chapter 204,Waukee,Municipal Code,Sanitary Sewer Rate Ordinance.An Ordinance
Amending Sanitary Sewer Rates To Be Charged and Operated By the City of Waukee,Iowa"
upon its final passage and adoption.A roll call vote was taken.Ayes:Bailey,Clark,
Duroy and Gruber.Nayes:None recorded.Absent:Scott.Motion carried 4 to O.
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MayorRosenkranz declared the ordinance duly adopted and passed.
Park Dedication Ordinance.
Movedby Gruber,seconded by Clark for the second reading of the Park Dedication
Ordinance.A roll call vote was taken.Ayes:Bailey,Clark,Duray and Gruber.
Nayes:Nonerecorded.Absent:Scott.Motion carried 4 to O.
The Mayor asked if anyone wished the lengthy ordinance read;hearing no response,the
reading was dispensed with.
ORDINANCENO.2151
ANORDINANCETOAMEND CHAPTER303,WAUKEE,MUNICIPALCODE,PARKSITE DEDICATION,
RESERVATIONORPAYMENTIN LIEUOF DEDICATIONORDINANCE,SECTION303.184.ANORDINANCE
PROVIDINGPARKLANDDEDICATIONTOTHE CITYOFWAUKEE,IOWA,IN SUBDIVISIONSANDSITE
PLANS.
BE IT ORDAINEDby the Council of the City of Waukee:
Section 1.Chapter 303.184 of Chapter 303 WaukeeMunicipal Code,is hereby
amendedby deleting §303.184 and inserting in lieu thereof as follows:
§303.184.Park Site Dedication,Reservation or Payment In-Lieu-of Dedication.
As a condition of apporval of a final plat of subdivision or a site plan,each subdivider
or developer shall be required to dedicate land without cost to the City for park and
recreational purposes to serve the irrmediate and future needs of the neighborhood,in
accordance with the following criteria:
A.Park,Recreation Acres,and Open Space Dedication.In the design of the
SUBDIVISIONPLATORPLANNEDUNITDEVELOPMENT(PUD),dedication of land,or
payment of money for park site acquisition and/or physical improvementof
the neighborhood park system shall be required by the Planning and Zoning
Commissionand the City Council as to all subdivisions.
1.Procedure.The procedure for determining whether the subdividier or
developer is to dedicate or reserve land,or pay a fee,shall be as
follows:At the time of filing a preliminary plat or site plan with
the Planning and Zoning Commission,the ower or developer of the
property shall,as a part of such filing,indicate whether said owner
or developer desires to dedicate or reserve property for open space
and recreational purposes,or pay a fee in lieu thereof.If the owner
or developer desires to dedicater or reserve land for this purpose,
said owner or developer shall designate the area thereof on the
preliminary plat or site plan as submitted.
2.Action of City.At the time the preliminary plat or site plan is
approved by the City Council,the Council shall determine as a part
of such approval whether to require a dedication or reservation of
land within the subdivision or development,or payment of a fee in
lieu thereof.Provided,however,the City shall determine which land
shall apply to the dedication or reservation and the requirements
contained herein.
E.Dedication of Land for Park,Recreation Acres,and Open Space.The amount of
land or moneyrequired to be dedicated by a subdivider pursuant to this
Article shall be based on the net area included in the subdivision (net area
being all land including streets,right-of-way,and public or private easements),
determined by the formula contained in this subsection.
The amount of park land dedication shall be determined by the following
formula:
Residential Uses:
MinimumLot Area Per Unit Percentage of Total Land Area
25,000 sq.ft.to 40,000 sq.ft.
or greater
8,000 sq.ft.to 24,999 sq.ft.5%
2,399 sq.ft.to 7,999 sq.ft.10%
C.Payments in Lieu of Dedication.Whenevera parcel of land within the City,
;except in A-I Agricultural District,c.is to be subdivided and presented to the
City for residential development purposes,and the City has elected to receive
fee payments rather than land dedication,the fees shall be computed as
follows:
3%
1.The developer shall pay $100.00 per acre.
2.Concurrently with final plat approval of a residential subdivision
within the City,a fee payment shall be paid,based upon the type and
numberof dwelling units to be constructed according to the following
schedule:
-80-
2.Concurrently with final flat approval of a residential subdivision
within the City,a fee payment shall be paid,based upon the type and
number of dwelling units to be constructed according to the following
schedule:
A.
B.
C.
3.
Detached Single Family Units:
Attached Single Family Units:
Apartment Units:$75 per unit
Credit for Private Amenities:A creit of not to exceed 25%of the
total dedication fee due under Section 303.184 (C)(2)herein may
be granted by the City for permanent recreational facilities and
amenities in private developments wherein said facilities and
amenities are available for common use,without rental charge,by
residents within the development.
The credit against the dedication fee shall be determined by taking
the total value of the recreational facilities and amenities provided
within the private development which are for common use,without
rental charge,by residents within the development.
Recreational facilities and amenities which are to be considered
in establishing a credit include,but are not limited to,swimming
pools,wading pools,court games facilities,athletic field apparatus
and playground equipment but shall not include the value of any
land where the facilities and amenities are located or any open
recreational spaces.
The value of the credited recreational facilities or amenities shall
be verified by the person or entity seeking the credit and shall be
presented to the City Council for acceptance prior to the granting
of the credit by the City.
No credit shall be given after 24 months from the payment of the
dedication fee required under Section 303.184 (C)(2).
Use of Fee.Any fee levied and collected herein shall be deposited
in a sub fund of the General Fund of the City and shall be used
exclusively for park site acquisition and/or physical improvement
of the Neighborhood Park System.The City Treasurer shall at all
times account for monies collected pursuant to this Chapter,and
shall upon request provide a complete accounting of receipts and
expenditures of the sub fund,including interest received on said
funds.Any use of the sub fund by the City Council shall be with
the concurrence of the City Council.
Implementation.Where a park site is within a Sketch Plan of a
P.D.D.or a Master Site Plan in accordance with the Master Parks
Plan,the park site shall be schematically and dimensionally
located and a schedule determined between the City and the Developer
for the acquisition of the park site by the City.
When a final plat or site plan has been submitted to the City for
approval,and it has been determined that land shall be reserved
for acquisition by the City for park use,the location and final
accurate dimensions of the park site shall be shown in detail and
legal description provided by the developer for accurate transfer
of ownership.Plans for development of the park site shall be
prepared by the City to establish accurate dimensions and acreage
of the parcel to be acquired by the City.
Reservation of Park Site.When a Neighborhood Park System is proposed
within the City's Master Parks Plan and it is determined that the
park land is to be reserved for future acquisition by the City,at
the time a developer initiates development of the area adjoining
the proposed park site or prior thereto the City and developer shall
enter into a written recordable agreement setting forth a schedule
for the acquisition of the park site by the City.The City shall
be obligated to purchase the reserved park site as agreed upon
between the developer and the City or if no agreement between the
City and the developer,then when development adjoining the park
site encompasses 50%of the area within 500 feet of the proposed
park.
Acquisition of Park Site.Land conveyed to the City for park
purposes shall be conveyed by warranty deed,free and clear of any
and all liens and encumbrances including all judgments,attachments,
mechanics and other liens.
$200
$150
per unit
per unit
-
4.
-
5.
6.
7.
8.Retroactive Enforcement.When a Planned Unit Development has not
been completely developed prior to enactment of this Chapter,the
following provisions shall govern.
-81-
A.The fee paymentsas required herein shall be waived provided
the Developer has dedicated at least 5%of the total land area
within the developnent to the City for public park use.
B.If less than 5%of the total land area within the developnent
has been dedicated by the Developer to the City for public
park use,then the Developer shall be required to pay a fee
based upon the difference of the percentage of the acres of
land dedicated to the City to 5%of the total land area within
the development.Wherethere is a deficiency of land less
than 5%not so dedicated within the developnent for public
park use a fee shall be paid by the developer to the City based
upon the cu=ent fair market value per acre of the deficient
land not so dedicated.CU=ent fair market value per acre
shall be determined by using the undevelopedland remaining in
the developnent excluding any improvements.
The fee shall be paid whendirected by the City Council.
9.Right of Appeal.
A.Appeal Procedure.Anyperson,entity,or developer affected
by any decision madeby any department acting under this
Chapter,amyappeal to the City Council by filing notice of
appeal with the City Clerk and a filing fee of $100 payable
to the City Treasurer to be credited to the General Fundof
the City.Such appeal shall be taken within ten (10)days
from the decision of the department acting under this Chapter
and shall set out in detail the reasons and grounds for the
appeal.The City Clerk shall forthwith transmit to the City
Council all papers constituting the record upon which the
action appeal is taken.An appeal stays all proceedings in
furtherance of the appeal.
B.Public Hearings.The City Council shall upon the filing of an
appeal fix a reasonable time for a hearing,giving public
notice thereof as well as due notice to the parties in interest.
All interested persons mayoffer oral or written testimony at
th public hearing on the appeal.A vote of three (3)members
of the City Council may affirm,modify,or reverse any decision
of any department acting under this Chapter.
C.City Council Review.Prior to the public hearing on appeal
before the City Council,the City Council shall review the
decision of any department acting under this Chapter and shall
makea recommendationto the City Council for consideration
at the public hearing.
D.Appeal to the District Court.Anyperson,entity,or developer
aggrieved by any appeal decision of the City Council may
within thirty (30)days from the date of the City Council
rendering a decision,appeal therefrom to the District Court
of Dallas County,Iowa,in accordance with the Rules of Civil
Procedure,Division XIV,entitled "Certiorari".
Section 2.Effective Date.This ordinance shall be in effect after its final
passage,approval,and pUblication as required by law.
Passed by the Council the day of ,1991,and approved this day
of ,1991.
Floyd Roaenkrana.
ATTESTED:
Floyd Rosenkranz
MAYOR
Brian Redshaw
Brian J.Redshaw,City Clerk
Me:trOc'S61id jl'laste::~eDC:Y~.
CounciJlmanDuroypresented a report on the meeting with the Des MoinesSolid Waste
Agencyand the possibility of Waukeejoining.Brian was asked to check on the .meet.inq
schedule of the Agencyand the requirements and costs in joining.The Council has heard
unconfirmedreports that the North Dallas CountyLandfill maybe closing and is now
exploring other options the City may have for Solid Waste Disposal.
Rural Water System.
CouncilmanDuroyreported on discussions to expand City Water Services outside
current City limits and stated that this is a good idea wherever profitable.He asked
that the City Engineers be directed to setup a 3 year plan.The Council decided to
makethis a fall 1992 project.
L _
-82-
Matters Regarding Annexation Pending Before the City Developnent Board.
City Attorney Huscher reported that briefs are to be filed and hearing set for
2/27/92 before District Court in Dallas County concerning our voluntary annexation
petitions.
Building Official.
Moved by Duroy,seconded by Clark to appoint Larry Phillips to be the Building
Official as provided by Chapter 400,Section 401.1,Waukee,Municipal Code.Motion
carried 4 to o.
Public Safety Committee -Gruber.
Mayor Rosenkranz reported that Waukee has been invited to join the Des Moines Area
Transportation Planning Committee as a non-voting advisory member until such time as
their by-laws are amended to allow full participation.Moved by Gruber,seconded by
Duroy to name Brian Redshaw as the representative and Bob Barrett the alternate to
the Des Moines Area Transportation Planning Committee.Motion carried 4 to O.
Moved by Gruber,seconded by Clark to appoint John Kursitis as the City representativ,--
and Steve Pierce as the alternate to the Des Moines Area Transportation Technical
Oommi ttee.Motion carried 4 to o.
Utilities Committee -Duray.
Brian asked that resources (dollars and manpower)be dedicated to replacing both
gas and water meters.
Parks Committee -Scott.
No report.
Southfork Committee,Library Representative -Clark.
Clark reported the Library Trustees will have a meeting Wednesday January 8th
with their architects.
Planning &Zoning -Bailey.
Meeting scheduled for January 28th.
Mayor's Report.
Breakfast Workshop has been moved to January 20th.
Declared the Week of January 13-20 as Week of Reconciliation.
The Mayor asked that committee chairman notify committee members of meetings~
The reminded the audience that council meetings will be held on the first and
third Mondays of each month at 7:00 P.M.
A Budget Committee meeting is scheduled for Monday January 13th at 7:00 P.M.
at City Hall.'--
The Mayor asked Brian to check on the results of the MTA survey and also on the
audi t report.
Administrators Report.
Brian reported he had contacted Dallas County in regards to the island bill and
has not heard back.
Brian reported problems with the easement to the new Lathrop house.The easement
does not provide for utilities and we are unable to provide gas service to the property.
Lathrops have been notified of the problems and that they need to correct the situation
before gas service can be provided.
Moved by Gruber,seconded by Clark to adjourn at 8:47 P.M.Motion carried 4 to 0,
Meeting Adjourned.
ATTEST:
B W,City Clerk