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HomeMy WebLinkAbout1992-02-03-Regular Minutes-85- The regular meeting of the Waukee City Council was called to order on Monday February 3, 1992 at 7:04 P.M.by Mayor Pro-tem Don Bailey,Jr.with Bob Barrett taking minutes. The following Councilmen were present:Don Bailey,Ray Clark,Frank Duroy,Nick Gruber, .and Curtis Scott.Absent:Mayor Floyd W.Rosenkranz. Staff and guests present were:Brian Redshaw,Toni Lestina,Harry Jones,T:im Royer,Jim DeWitt,Jr.,Dan White,Steve Pierce,Don Henson,Ben Phillips,Chet Chedester,Stanley Lawon,Paul Lawson,Dennis Dolmage,Jeff Abbas,Lloyd Royer,Dennis Gardiner and John Kursitis. Moved by Councilman Gruber,seconded by Councilman Duroy to approve the 1/20/92 Council minutes as presented.Motion ca=ied 5 to O. Open Forum:Chet Chedester informed the Council that he had done some research and found that the minutes of 8 meetings were pub.Li.shed within the statutory time frame and that 24 failed to meet the statute.Mr.Chedester fustigated the Council and Brian Redshaw for the handling of this matter and asked that a copy of his report be filed in Brian's personnel file.The Council accepted Chet's report for filing. Stan Lawson asked if Waukee had a small pet/animal control ordinance in force;if there is a maximumnumber of pets allowed per home;and about pet noise,loud barking. Don Bailey told Stan that Waukee does have ordinances addressing animal control and loud barking found in Municipal Code 208 but there is no provision to l:imit the number of animals that a person may have as pets. Paul Lawson asked about recycling bins located in Waukee.Paul was told that this is being studied and will be budgeted in the next fiscal year.Ray stated that if arrangements can be made for bin placement and if the cost can be absorbed within the cu=ent budge period,a recycling bin may be in plac~before 7/1/92. Bill Presentation:Moved by Councilman Scott,seconded by Councilman Clark to approve payment of bills as presented totaling $28,632.90.Motion carried 5 to O. ARATEXSERVICES,INC.22.05 BARRETT,ROBERT 8.06 BUSINESSCCMMUNICATIONS 185.54 CARPENTERUNIFDRMCO.127.95 CHANNINGL.BETECO,INC.755.25 DESMOINESWATERWORKS 10,891.69 EVERYDAYCLEANING 150.00 GARDINER&CO.,P.C.1,000.00 DONHENSON 14.55 ICWAPIPELINE ASSOCIATE 105.24 ICWAPCWER 3,993.03 TONI LESTINA 15.60 MARTINMARIETTAAGGREG 751.78 METROUNIFORMS 209.89 MUNICIPALSUPPLY 1,674.20 OLSONBODY&PAINT 1,960.00 PHILLIPS,LARRYJ.121.22 QUALITYFORDOF W.D.M.225.45 QUIKPRINT 114.40 UNITEDSTATESCELLULAR 50.14 US WESTCOMMUNICATIONS 590.34 VEENSTRA&KIMM,INC.4,542.50 WASTEMANAGEMENTOFICWA 64.00 WAUKEEMUNICIPALGAS 1,060.02 Guests: Dennis Gardiner presented the Fiscal Year 1990-91 Financial Audit results and answered questions.Moved by Clark,seconded by Scott to approve the audit as presented.A roll call vote was taken as follows -Ayes:Bailey,Clark,Duray,Gruber,Scott.Nayes: None recorded.Motion carried 5 to O. Don Henson presented the fire departments needs for a computer and requested authority to purchase a computer for up to $1,600.00.Moved by Scott,seconded by Gruber to authorize Don Henson to spend up to $1,600.00 on a canputer system with the following minimum requirements:386,40 megabytes,5 1/4 &3 1/2 dual disk drive;24 pin,wide-carriage printer;5.0 DOS;color monitor;surge suppressor;and a cabinet.A roll call vote was taken as follows -Ayes:Bailey,Clark,Duray,Gruber,Scott.Nayes:none recorded. Motion ca=ied 5 to O. Third Reading of Park Dedication Ordinance. It was moved by Councilman Gruber,seconded by Councilman Clark,that Ordinance #2151 entitled "An Ordinance to Amend Chapter 303,Waukee Municipal Code,Park Site Dedication Reservation or Payment In Lieu of Dedication Ordinance,Section 303.184.An Ordinance Providing Park Land Dedication to the City of Waukee,Iowa,In Subdivisions And Site Plans." be read for the third time by the City Clerk.Mayor Pro-tem Bailey called for a roll call vote and the following Councilmen voted:Ayes:Bailey,Clark,Duroy,Gruber,Scott. Nayes:None recorded.Motion ca=ied 5 to O.Brian read the following ordinance: -86- ANORDINANCETOAMENDCHAPTER303,WAUKEE,MUNICIPALCODE,PARKSITE DEDICATION, RESERVATIONORPAYMENTINLIEUOF DEDICATIONORDINANCE,SECTION303.184.ANORDINANCE PROVIDINGPARKLANDDEDICATIONTOTHECITYOFWAUKEE,ICWA,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 amended by 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 approval 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 imnediate 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 SUBDIVISIONPLATpR PLANNEDUNITDEVELOWIENT(PUD),dedtGaUoD9;1;1000.,9:6:payment of moneyfor park 'site acquisition and/or physi.ca.l'improvementof the·nej:ghborhood- park system shall be required by the Planning and ZorringcCorimj:.sBIoniand-fhe'-- City Council as to all subddvis i.ons,':c V,".-'-':-~''0,_0 __~,~--'"_ I.Procedure.The procedure for determining whether the subdivider 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 owner 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 an recreational purposes,or pay a fee in lieu thereof.If the owner or developer desires to dedicate 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. Dedication of Land for Park,Recreation Areas,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 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: B. - 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. 2,399 sq.ft.to 7,999 sq.ft. 3% 5% 10% C.Payments in Lieu of Dedication.Whenevera parcel of land within the City,except in A-I Agricultural District,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 computedas follows: 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 number of dwelling units to be constructed according to the following schedule: A.Detached Single Family Units:$200 per unit. B.Attached Single Family Units:$150 per unit. C.Apartment Units:$75 per unit.- 3.Credit for Private Amenities:A credit 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 within said facilities and amenities are available for commonuse,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 commonuse,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,swimmingpools,wading pools, -87- court gamesfacilities,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 saIl be presented to the City Council for acceptance prior to the granting of the credit by the City. Nocredit shall be given after 24 months from the paymentof the dedication fee required under Section 303.184(C)(2). 4.Use of Fee.Anyfee levied and collected herein shall be deposited in a sub fund of the General Fundof the City and shall be used exclusively for park site acquisition and/or physical improvementof the NeighborhoodPark 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.Anyuse of the sub fund by the City Council shall be with the concurrence of the City Council. 5.Implementation.Wherea park site is within a Sketch Plan of a P.U.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 betweenthe City and the Developer for the acquisition of the park site by the City. Whena 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 shownin detail and legal description provided by the developer for accurate transfer of ownership.Plans for developmentof the park site shall be prepared by the City to establish accurate dimensions and acreage of the parcel to be acquired by the City. 6.Reservation of Park Site.Whena NeighborhoodPark Systemis 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 developmentof 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 uponbetween the developer and the City or if no agreementbetween the City and developer,then whendevelopmentadjoining the park site encompasses 50%of the area within 500 feet of the proposed park. 7.Acquisition of Park Site.Land conveyedto the City for park purposes shall be conveyedby wa=anty deed,free and clear of any and all liens and encumbrancesincluding all judgments,attachments,mechanicsand other liens. 8.Retroactive Enforcement.Whena Planned Unit Developmenthas not been completely developed prior to enactment of this Chapter,the following provisions shall govern. A.The fee paymentsas required herin shall be waived provided the Developer has dedicated at least 5%of the total land area within the development to the City for public park use. B.If less than 5%of the total land area within the developmenthas been dedicated by the Developerto the City for public park use,then the Developershall be required to pay a fee based upon the difference of the percentage of the area 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 developmentfor public park use,a fee shall be paid by the developer to the City based upon the current fair market value per acre of the deficient land not to dedicated.Cu=ent fair market value per acre shall be determined by using the undevelopedland remaining in the developmentexcluding 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,mayappeal to the City Council by filing notice of appeal with the City Clerk and a filing fee of $100payable 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 -88- 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 may offer oral or written testimony at the pub.Li,chearing 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 make a recommendation to the City Council for consideration at the public hearing. D.Appeal to the District Court.Any person,entity,or developer aggriev 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 approval,and publication as required by law. Passed by the Council the day of ------of ,1992. shall be in effect after its final passage, 1992,and approved this day MAYOR Attested: Brian Redshaw Brian J.Redshaw,City Clerk It was moved by Councilman Scott,seconded by Councilman Duroy,that Ordinance #2151 entitled "An Ordinance to amend Chapter 303,Waukee,Municipal Code,Park Site Dedication,reservation or payment in lieu of dedication Ordinance,Section 303.184.An Ordinance providing park land dedication to the City of Waukee,Iowa,in Subdivisions and Site Plans."be put upon its final passage and adoption.Mayor Pro-tern Bailey called for a roll call vote and the following vote was recorded:Nayes:Bailey,Clark,Duray,Gruber,Scott.Nayes:None recoI'Cied. Whereupon Mayor Pro-tern Bailey declared said Ordinance duly adopted and passed. First Reading of Hazardous Waste Ordinance. Councilman Gruber introduced an ordinance entitled "An Ordinance To Amend Chapter 220, Waukee Municipal Code,Hazardous Substances,By Section 220.3(a),to Provide a Fee Schedule For Accessing to Persons Having Control over Hazardous Substance the Cost of Clean-up By City Personnel Of A Hazardous Waste Spill." It was moved by Councilman Scott,seconded by Councilman Bailey,that the ordinance errtd.t Led "An Ordinance to Amend Chapter ~20,Waukee Municipal Code,Hazardous Substances, by Section 220.3(a),to provide a fee shcedu.le'for assessing to person having control over hazardous substance the cost of clean-up by city personnel of a hazardous waste spill."be li!'§(;l"-d,onits first reading and be read by the City Clerk.Mayor Pro-tern Bailey called f6f"ci roll call vote and the following vote was recorded:Ayes:Bailey,Clark,Gruber, Scott.Nayes:Duroy.Motion carried 4 to;d: AN ORDINANCE TO AMEND CHAPTER 220,WAUKEE MUNICIPAL CODE,Hazardous Substances,by Section 220.3(a),to provide a fee schedule for assessing to persons having control over hazardous substance the cost of clean-up by city personnel of a hazardous waste spill. BE IT ORDAINED by the Council of the City of Waukee: Section 1.1IIrendrrent.Chapter 220,Waukee Municipal Code,Hazardous Substances,is hereby amended by adding thereto Section 220.3(a)as follows: §220.3(a)The following fees will be assessed and collected by the City of Waukee from persons having control over hazardous substances where such hazardous substances have_ been spilled and the City of Waukee personnel have participated in the clean-up: PERSONNEL AND EQUHMENT Fire Department Command Car with Chief Officer Engine Company Rescue Company Ambulance Crew Additional Personnel (each person) HOURLY RATE $30.00 60.00 50.00 50.00 7.00 -89- Police Department Patrol Car with Officer Additional Personnel (each person) Public WorksDepartment HeavyEquipnent with Operator Light Equipnent with Operator Additional Personnel 40.00 15.00 50.00 30.00 15.00 Expendableequipment,materials and/or supplies shall be reimbursed at cost plus 10%handling charge. A minimumof one hour shall be charged for all clean-up responses.For the purpose of computingfees,hours shall be charged to the nearest quarter hour. Heavyequipnent shall be defined as and include the following:Grader,backhoe,dumptruck, endloader,sweeper,sewer jet,and similar equipment. Light equipnent shall be defined as and include the following:Pickup truck and/or generator and compressor with related power ~gwipnent.',I .=-k _ Clean-up costs shall be billed directly to persons having control over hazardous substance as defined herein. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Severability Clause.If any section,provasaon 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 thereof not adjudged invalid or unconstitutional. Section 4.Effective Date.111isordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the City Council of the City of Waukee,Iowa,on this day of ,1992 and approved this day of ,1992. Attest: Brian Redshaw Brian J.Redshaw,City Clerk Chet Chedester questioned that if an ordinance was changed at all during any of its three readings then shoul.dnvt;the ordinance revert back to its first reading.It was explained that,theih:¢~E1Fe~~i':lgprocedure for adopting or amendingordinances is intended to provide'for citizen 'and council input to correct or modify a proposed ordinance to make it the best possible ordinance.It was also pointed out that if changes required the ordinance process to be restarted,public input maybe ignored and the opportunity for valid citizen concern and input would be subverted and rendered useless. CouncilmanGruber,seconded by CouncilmanClark,to moveto Increase the hourly rate for Fire DepartmentAdditional Personnel from $7.00 to $15.00.MayorPro-tern Bailey called 'for a roll call vote and the following vote was recorded:Ayes:Bailey,Clark,Duroy,Gruber, Scott.Nayes:Nonerecorded.Motion carried 5 to O. CouncilmanGruber,seconded by CouncilmanDuray,movedto include the staternent "Charges for clean-up of equipnent shall be included in the above fee schedule.MayorPro-tern Bailey called for a roll call vote and the following vote was recorded:Ayes:Bailey, Clark,Duray,Gruber,Scott.Nayes:Nonerecorded.Motion carried 5 to O. CouncilmanDuroy,seconded by CouncilmanClark,movedto include all third-party costs of clean-up to include,but not be limited to,downtimeand equipnent clean-up.Mayor Pro-tern Bailey called for a roll call vote and the following vote was recorded:Ayes: Bailey,Clark,Duroy,Gruber,Scott.Nayes:Nonerecorded.Motion carried 5 to O. MaintenanceDepartmentSeminars.Harry informed the Council of two upcaning seminars and requested that Chuckand himself attend a two day Wastewater LagoonTraining Course at DMACCon February 19-20 and that Jim and Dean attend a traffic control flagging workshop in Des Moineson March 18.111ecost for the Wastewater LagoonTraining is $87.25 per person and the cost of the traffic control flagging is $15.00 per person.Councilman Gruber,seconded by CouncilmanDuroy,movedto approve entire request.Motion carried 5 to O. $2000.00 Purchase Limit for City Clerk.Brian explained when the present purchase limits for both himself and Harry have caused delays and inefficiencies in the daily operation of the City.111eCouncil directed that the necessary ordinance changes be prepared to increase Brian's purchase authority to $2000.00 and Harry's to $1000.00. -90- Report From Personnel CommitteeOn Six MonthReviews. CouncilmanBailey reported that reviews were completed for Jim DeWitt,Jr.and Toni Lestina and that the Personnel Committeerecommendsretaining both employees and that Jim's salary be increased from $15,516.80 to $16,016.80 effective January 16 and that Toni's salary be increased from $13,520.00 to $14,560.00 effective January 1.CouncilmanBailey, seconded by CouncilmanGruber,movedadoption of all Personnel Committeerecommendations. Motion carried 5 to O. City Hall Cleaning.Brian reported that Toni Lestina has offered to fill the City Hall cleaning vacancy and to fulfill the contract requirements.CouncilmanScott,seconded by CouncilmanClark,movedto hire Toni Lestina as an independent contractor for the Cleaning of City Hall.Motion carried 5 to O. Metropolitian Design Standards.CouncilmanBailey reported that the Planning and Zoning Committeerecommendsadopting the Metropolitian Design Standards but amending the standard to provide for:29'wide local service streets with 60'right of way;49'wide arteriaJ. streets with 100'right of way;and 10 year storm design standards for storm sewer systems~ CouncilmanBailey,seconded by CouncilmanGruber,movedadoption of P &Z recommendations. MayorPro-tem Bailey called for a roll call vote and the following vote was recorded: Ayes:Bailey,Clark,Gruber,Scott.Nayes:Duroy.Motion carr-ted 4 to 1. Joint G.C.M.O.A.and M..I.A.L.G.on February 12th.CouncilmanDuray,seconded by Councilman Clark,movedto send the Councilman,Mayor,City Clerk,and Treasurer that are able to attend to the meeting.Motion ca=ied 4 to 1. Jaycees Street Dance.It was noted that last month in approving closing the triangle for the Jaycees street dance to be held on July 18,the Council had not set what specific streets could be closed nor the hours that the streets maybe closed.CouncilmanScott, seconded by CouncilmanDuroy,movedto close Ashworth and Walnut between 5th and 6th Streets from Noonuntil Midnight on Saturday July 18,1992 for the Jaycees street dance.Motion ca=ied 5 to O. Handicap Sign.OcuncilmanBailey recommendedsecuring a sign to indicate the handicap entrance to City Hall is the West Entrance.CouncilmanScott,seconded by Councilman Clark,movedadoption of the recommendation.Motion carried 5 to O. MayorPro-tern Bailey read a proclamation declaring the week of February 9-15,1992 as DECAWeek. Steve Pierce presented a proposal for the HickmanRoad Trunk Sewer Project and informed the Ocuncil that Bob Veenstra Jr.would attend the February 17th meeting to discuss financing alternatives and to answer questions. CouncilmanGruber,seconded by CouncilmanDuroy,movedto adjourn at 10:40 P.M.Motion carried 5 to O. Meeting Adjourned. The special meeting of meeting of the WaukeeCity Council was called to order at 7:00 P.M. on MondayFebruary 17,1992 by MayorFloyd Rosenkranzwith Brian Redshawtaking minutes. Roll call was taken and the following CounciJrrenwerepresent:DonBailey,Ray Clark,Frank Duray and Nick Gruber.Absent:Curtis Scott. The following staff and guests were present:Toni Lestina,Tim Royer,Chuck Christianson, Larry Phillips,Steve Pierce,Bob Veenstra Jr,Mark Broderick,Gary Smith,William Lillis, Dennis Connolly,Joy Riggs,Craig Butterfield,Clair Eason,DonnaEason,Jerry Purdy, Kevin Johnson,Al Scholes,John Grisso,Don Henson,and Johanna Werch. Movedby Bailey,seconded by Duroy,to approve the minutes of the 1/20/92 Council Meeting as corrected.Motion carr-ted 4 to O.Curtis Scott a=ived. School Board Discussion on TIF.MayorRosenkranz presented a certificate of appreciation to Clair Eason,WaukeeCommunitySchools Superintendent. Water Department Test Bench.ChuckChristianson talked to the City Council regarding the purchase of a water meter test bench.Movedby Duray,seconded by Gruber,to purchase a water meter test bench for $2801.00.A roll call vote was taken:Ayes:Bailey,Clark, Duray,Gruber,Scott.Nayes:NoneRecorded.Motion cerrued 5 to O. Guests:Kirk Tyler -Waterline Hookup.Kirk Tyler of Atlantic Bottling was not present at the meeting. BobVeenstra Jr -HickmanRoad Sewerline Special Assessment.BobVeestra,Jr.of Veenstra