HomeMy WebLinkAbout1992-06-15-Regular Minutes-116-
Mjou:rnrrent.Motion by Councilman Duray,seconded by Councilman Clark,to adjourn.
Motion carried 4 to o.
Meeting adjourned at 10:42 P.M.
TIle June IS,1992 Waukee City Council meeting was called to order at 7:08 P.M.by Mayor
Floyd Rosenkranz with Bob Ba=ett taking minutes.
Roll call was taken and the following Councilmen were present:Ray Clark,Frank Duroy,
Nick Gruber and Curt Scott.Den Bailey was absent.
Staff and guests present were:Linda Mack,Oscar Stokka,Bob Underberg,Joe Reese,Rick
Ross,Bill Jaques,Mark Casey,Dick Felt,Eric SheldalLl,Steve Pierce,Paul Huscher,Joy
Riggs,Dan Hansen,Helen Lockwood,Brian Redshaw,Don Beal,Chuck Thomas,Gil Stanley,
Max Smith,Dan Miller,John Morris,Jim Lwellyn and Mike Forrett.
Open FbI1llll.No comments,written or oral,received.
Guests:
Mike Hammer -345 Northview Dr.Discussion about sidewalk installation on West property
boundary along 4th Street.TIle sidewalk is to be removed and replaced at the proper grade.
Bill Presentation.Motion by Councilman Duroy,seconded by Councilman Gruber,to approve
bills as presented totaling $30,288.29.Motion carried 4 to O.
ARATEX SERVICES,INC.
ARNOLD MOTOR SUPPLY
ASPLUNDH TREE EXPERT
BAER AG SUPPLY
BANKERS LEASING CORP.
BANKNOTE PRINTING,INC.
BARRETT,ROBERT
BINGS OFFICE SUPPLY
.BRITTAIN'S PARTS,INC.
BRODERICK ANIMAL CLINIC
BRONN SUPPLY CO,INC.
CAPITAL CITY EQUHMENT
CLASSIC FLORAL &GIFT
CREATIVE PRINTERS,INC.
DALLAS CENTER MED AS
DAWSON
DEMCO
DE WITT,JIM
EDDY WALKER EQUIPMENT
ELECTRONIC ENGINEERING
EMERGENCY MEDICAL PR
FARM &FAMILY CENTER
FARMER'S CO-OP ELEVATOR
FULLER STANDARD SERV.
G.P.TOOLS
GALL'S INC.
GAS PRODUCT SALES
GREAT AMERICAN OUTDOOR
FASTPRO INTERNATIONAL
HUSCHER,PAUL E.
HUSCHER,PAUL R.
IA ASSOC MUNICIPAL UTILITIES
I.C.M.A.
INGRAM DISTRIBUTION
IewA POWER
IPS
JAMES W.BELL CO
KAR PRODUCTS
LESTINA,TONI
MACK,LINDA M.
MARTIN MARIETTA AGGR
$22.50
388.11
227.34
112.50
57.06
1,255.05
21.34
360.20
66.00
10.00
1,213.21
93.32
80.00
230.00
15.00
14.96
13.94
13.72
67.50
160.39
22.28
47.95
946.08
300.37
844.65
266.44
735.68
102.32
92.65
3,821.00
2,261.00
350.00
132.38
218.40
169.48
1,216.80
307.32
371.27
7.28
39.60
80.82
-
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MERCY-WESTMEDICALCLINIC 558.00
METROUNIFORMS 97.00
MID-LANDEQUIPMENT 2,777.78
MIDWESTGASASSOCIATION 310.00
MILLS,ALISSA 256.75
MORRELLHEATING&COOLING 40.00
MOSSBROTHERS 925.00
OCKERMAN,MARY 14.00
OLSONBODY&PAINT 393.39
OLSONBROTHERS 1,005.20
ORKINPEST CONTROL 25.00
PAYLESSCASHWAYS,IN 142.32
PLEXCO 1,212.00
PRECISIONCCMPUTER 233.68
R &R WELDINGSUPPLYCO.145.11
RADIOSHACK 16.30
RICHARDS,CAROLYN 70.88
RIORDAN,JIM 300.00
ROTo-ROOTER 500.00
SCHWERY,TRACY 17.50
SEARSCARPETCLEANING 59.95
SIGNS PLUS 300.00
SPRYAUTCANDMARINE 359.64
STOREY-KENWORTHY 17.54
TAYLOR,CAROL 75.00
THELEARNINGPOST 29.73
TOYNE'SIA FIRE TRK 1,104.00
US POSTALSERVICE 29.99
US WESTCOMMUNICATIONS 44.23
US WESTMARKETINGRE 153.00
UTILITY CONSULTANTS 200.00
W.W.GRAINGER,INC.172.99
WASTEMANAGEMENTOFICWA 7.00
WATERPROSUPPLIESCO 1,150.96
WAUKEEHARDWARE 571.28
WAUKEEMUNICIPALGAS 71.00
WAUKEEWOODSPECIALITIES 37.24
WITYK,DEBRA 110.00
Ur:ban Renewal District Hearing (T.1.F.).Brian reported that the notice of the intention
of the City Council to conduct a public hearing on a proposed urban renewal plan and
project for the Waukee Southwest Urban Renewal Area in Waukee had been published according
to law and as directed by the Council and that this is the time and place at which the
Council shall receive oral or written objections from any resident or property owner of
the City;Brian reported that no written or oral comments had been received at City Hall;
Brian reported that on June 9th the Planning &Zoning Commission reviewed the proposal
and gave it unanimous approval.Brian then explained the purpose and City benefits of
the T.1.F.District to the audience.The Mayor then asked for any oral or written
objections,statements or other exhibits to be presented to the Council from the
audience.None were received.Councilman Clark moved the adoption of Resolution NO.196
entitled "A resolution to declare necessity and establish an urban renewal area,
pursuant to Section 403.4 of the Code of Iowa",seconded by Councilman Duroy.After
due consideration,the Mayor put the question on the motion and the roll being called,
the following named Councilmen voted:Ayes:Clark,Duroy,Gruber,Scott.Nayes:None
recorded.Absent:Bailey.Motion carried 4 to O.Whereupon,the Mayor declared the
resolution duly adopted and signed approval thereto.
RESOLUTIONNO.196
A resolution to declare necessity and establish an urban renewal area,pursuant to
Section 403.4 of the Code of Iowa
WHEREAS,as a preliminary step to exercising the authority conferred upon Iowa
cities by Chapter 403 of the Code of Iowa,the "Urban Renewal Law",a municipality must
adopt a resolution finding that one or more slums,blighted or economic development areas
exist in the municipality and that the rehabilitation,conservation,redevelopment,
development or a combination thereof,of such area or areas is necessary in the interest
of the public health,safety or welfare of the residents of the municipality;and
WHEREAS,it has been recommended that an urban renewal area be established within
the boundaries set out in Exhibit A to this Resolution;and
WHEREAS,a study has been conducted of the area identified above for the purpose
of establishing the need to designate the area as being appropriate for commercial and
industrial development;and
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WHEREAS,the study found that sufficient need exists to warrant finding the area an
econanic develop:nent area;and
WHEREAS,this Council did fix 7:00 o'clock p.m.,on June 15,1992,as the time for
a public hearing on the question of establishing the area identified above as an urban
renewal area and did direct the publication of a notice of said hearing;and
WHEREAS,notice of said hearing on said establishment was du.Iy published and the
Council met at said time and place and held a hearing and considered all of the written
and oral matters presented to it;
New,THEREFORE,Be It Resolved by the City Council of the City of Waukee,Iowa,
as follows:
Section 1.An economic development area defined in Chapter 403 of the Code of Iowa,
is found to exist in the City of Waukeewithin the boundaries set out in Exhibit A.-
Section 2.The area identified in Section 1 hereof is hereby declared to be an urban
renewal area,in conformancewith the requirements of Chapter 403 of the Code of Iowa,
and is hereby designated the WaukeeSouthwest Urban RenewalArea.
Section 3.The rehabilitation,conservation,redevelop:nent,develop:nent or a
combination thereof,of this area is necessary in the interest of the public health,
safety or welfare of the residents of the City of Waukee,Iowa.
Section 4.All resolutions or parts thereof in conflict herewith be and the same
are hereby repealed,to the extent of such conflict.
Passed and approved June 15,1992.
Floyd Rosenkranz
Mayor
Attest:
Brian Redshaw
City Clerk
EXHIBITA -
LEGALDESCRIPTION
WaukeeSouthwest Urban RenewalArea
A tract of land of portions of GovernmentLot 4 and GovernmentLot 5,all in Section 5,
Township78 North,Range 26 West of the 5th Principal Meredian in and forming a part of
the City of Waukee,Dallas County,Iowa,and more particularly described as follows:
Commencingat the northwest corner of said Section 5,Township78 North,Range 26
West with the west line of said section having an assumed true bearing of S 0'00'00"W,
with all subsequent'bearings referenced therefrom;thence N 89'55'04"E,a distance of
TO±:ty"(40)feet;thence S 0'00'00"W,a distance of nine hundred eighty-nine and
forty-one hundredths (989.41)feet to the point of beginning;thence N 89'57'E,a
distance of five hundred two and sixty hundredths (502.60)feet;thence S 58'34'31"E,
a distance of three hundred fifty-one and two tenths (351.2)feet;thence N 89'56'16"E,
a distance of four hundred seventy and twenty hundredths (470.20)feet to a point on the
east line of GovernmentLot 4;thence S 0'08'31"W,a distance of one thousand six
hundred fifty-nine and twenty-eight hundredths (1,659.28)feet;thence S 83'22'09"W,
a distance of one thousand two hundred seventy-six and twenty-six hundredths (1,276.26)
feet;thence N 0'00'00"E,a distance of five hundred twenty-nine and thirty-four
hundredths (529.34)feet;thence N 83'11'E,a distance of ninety-seven and seventy-two
hundredths (97.72)feet;thence NO'00'00"E,a distance of one hundred fifty-seven
(157)feet;thence S 83'11'W,a distance of ninety-seven and seventy-two hundredths
(97.72)feet;thence N 0'00'00"E,a distance of twenty-five (25)feet;thence
N 83'11'E,a distance of five and four hundredths (5.04)feet;thence
NO'00'00"E,a distance of eight hundred fifty-three and thirty hundredths (853.30)
feet;thence S 83'11'W,a distance of five and four hundredths (5.04)feet;thence
N 0'00'00"E,a distance of four hundred twenty-three and seventy-five hundredths
(423.75)feet to the point of beginning.The above described parcel containing fifty-two
and seventy-nine (52.79)acres,more or less.
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CouncilmanGruber movedthe adoption of Resolution No.197 entitled "Resolution approving
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urban renewal plan and project for the WaukeeSouthwest Urban Renewal Area in the City
of Waukee,Iowa",seconded by Councilman Clark.After due consideration,the Mayor
put the question on the motion and the roll being called,the following Councilmenvoted:
Ayes:Clark,Duroy,Gruber,Scott.Nayes:None recorded.Absent:Bailey.Motion
carr-ied 4 to O.Whereupon,the Mayordeclared the resolution duly adopted and signed
approval thereto.
RESOLUIIONNO.197
Approving urban renewal plan and project for the WaukeeSouthwest Urban Renewal
Area in the City of Waukee,Iowa
WHEREAS,notice of a pub.l.i,chearing by the City Council of the City of Waukee,Iowa,
on a proposed urban renewal plan and project for the WaukeeSouthwest Urban Renewal
Area in the City was heretofore given in strict compliance with the provisions of
Chapter 403 of the Code of Iowa,and the Council has conducted said hearing;and
WHEREAS,the proposed urban renewal plan and project were submitted to and approved
by the Planning and Zoning Commissionof the City of Waukee;and
WEHREAS,this Council finds:
A.TIle urban renewal area consists entirely of open,undeveloped land.
B.TIle proposed urban renewal plan conforms to the general plan of the municipality
as a whole;
C.Proposed commercial development in the urban renewal area is necessary and
appropriate to facilitate the proper growth and development of the City in accordance
with sound planning standards and local communityobjectives.
NCW,THEREFORE,Be It Resolved by the City Council of the City of Waukee,Iowa,
as follows:
Section 1.The findings hereinabove recited are by this reference incorporated in
this resolution and made a part hereof.
Section 2.The urban renewal plan for the WaukeeSouthwest Urban RenewalArea
attached hereto and made a part hereof is hereby in all respects approved and the
proposed project for such area based upon such plan is hereby in all respects approved.
Section 3.All resolutions or parts thereof in conflict herewith be and the same
are hereby repealed,to the extent of such conflict.
Passed and approved June 15,1992.
Floyd Rosenkranz
Mayor
Attest:
Brian Redshaw
City Clerk
A COpyOF THEURBANRENEWALPLANIS AVAILABLEFOR INSPECTIONATCITYHALL.
OouncilrnanScott introduced an ordinance entitled "Ordinance NO.2156.An Ordinance
providing the division of taxes levied on taxable property in the WaukeeSouthwest Urban
RenewalArea of the City of Waukee,Iowa,pursuant to Section 403.19 of the Code of Iowa".
It was movedby CouncilmanGruber and seconded by CouncilmanClark that the aforementioned
ordinance be read by the City Clerk.TIle Mayorput the question on the motion and the
roll being called,the following namedCouncilmanvoted:Ayes:Clark,Duroy,Gruber,
Scott.Nayes:N:merecorded.Absent:Bailey.Motion carried 4 to O.Whereupon,the
Mayordeclared the motion duly carried and declared that said ordinance had been given
its initial passage.Brian read the following ordinance:
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ORDINANCENO.2156
An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the
WaukeeSouthwest Urban RenewalArea of the City of Waukee,Iowa,Pursuant to
Section 403.19 of the Codeof Iowa
BE IT ENACTEDby 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 WaukeeSouthwest Urban RenewalArea of the
City of Wauk<ee,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,moneysadvanced
to or indebtedness,including bonds proposed to be issued by the City of Waukeeto
finance projects in such area.-
Section 2.Definitions.For use within this ordinance the following tenns shall
have the following meanings:
"City"shall mean the City of Waukee,Iowa.
"County"shall meanthe Countyof Dallas,Iowa.
"UrbanRenewalArea"shall meanthe WaukeeSouthwest Urban RenewalArea of the City
of Waukee,Iowa,the boundaries of which are set out below,such area having been
identified in the Urban RenewalPlan approved by the City Council by resolution adopted
on June 15,1992:
A tract of land of portions of GovernmentLot 4 and GovernmentLot 5,all in
Section 5,Township78 North,Range26 West of the 5th Principal Meredian in and
forming a part of the City of Waukee,Dallas County,Iowa,and more particularly
described as follows:
Commencingat the northwest corner of said Section 5,Township78 North,
Range26 West with the west line of said section having an assumedtrue
bearing of S 0'DO'00"W,with all subsequent bearings referenced 'therefore;
thence N 89'55'04"E,a distance of forty (40)feet;thence S 0'00'00"W,
a distance of nine hundred eighty-nine and forty-one hundredths (989.41)feet ___
to the point of beginning;thence N 89'57'E,a distance of five hundred two
and sixty hundredths (502.60)feet,thence S 58'34'31"E,a distance of
three hundred fifty-one and two tenths (351.2)feet;thence N 89'56'16"E,
a distance of four hundred seventy and twenty hundredths (470.20)feet to a
point on the east line of GovernmentLot 4;thence S 0'08'31"W,a distance
of one thousand six hundred fifty-nine and twenty-eight hundredths (1,659.28)
feet;thence S 83'22'09"W,a distance of one thousand two hundred seventy-six
and twenty-six hundredths (1,276.26)feet;thence N 0'00'00"E,a distance
of five hundred twenty-nine and thirty-four hundredths (529.34)feet;thence
N 83'11'E,a distance of ninety-seven and seventy-two hundredths (97.72)
feet;thence N 0'DO'00"E,a distance of one hundred fifty-seven (157)feet;
thence N 0'DO'00"E,a distance of twenty-five (25)feet;thence
N 83'11'E,a distance of five and four hundredths (5.04)feet;thence
N 0'00'00"E,a distance of eight hundred fifty-three and thirty hundredths
(853.30).feet;thence S 83'II'W,a distance of five and four hundredths (5.04)
feet;thence N 0'00'00"E,a distance of four hundred twenty-three and
seventy-five hundredths (423.75)feet to the point of beginning.The above
:described parcel containing fifty-two and seventy-nine (5/..79)acres,more or less.
Section 3.Provisions for Division of Taxes Levied on Taxable Property in the
Urban RenewalArea.After the effective date of this ordinance,the taxes levied on the
property in the Urban RenewalArea 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
RenewalArea 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 sumof the
assessed value of the taxable property in the Urban RenewalArea,as shownon the
assessment roll as of January I,1991,shall be allocated to and whencollected 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 I,1991,
shall be used in determining the assessed valuation of the taxable property in the Urban
RenewalArea on the effective date.
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(b)that portion of the taxes each year in excess of such amountsshall be allocated
to and whencollected be paid into a special fund of the City to pay the principal of and
interest on loans,moneysadvanced to or indebtedness,whether funded,refunded,assumed
or otherwise,including bonds issued under the authority of Section 403.9(1),of the
Codeof Iowa,incurred by the City to finance or refinance,in whole or in part,projects
in the Urban RenewalArea,except that taxes for the paymentof 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 RenewalArea exceeds the
total assessed value of the taxable property in such area as shownby 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 RenewalArea shall be paid into the funds for the
respective taxing districts as taxes by or for said taxing districts in the samemanner
as all other property taxes.Whensuch loans,advances,indebtedness,and bonds,if any,
and interest thereon,1:>"""s",,1:>1 "§las,iilg"§laGeS,iMoote€lFiess,aFldeeFlds,if aFl},and
iFl'EeJges'E'EooJgeea,have been paid,all moneythereafter received from taxes upon the
taxable property in the Urban RenewalArea shall be paid into the funds for the
respective taxing districts in the samemanneras 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 maybe irrevocably pledged by the
City for the paymentof the principal and interest on loans,advances,bonds issued
under the authority of Section 403.9(1)of the Codeof 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 "taxes"includes,but is not limited to,
all levies on an ad valorem basis upon land or real property.
Section 4.Repealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 5.Saving Clause.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 thereof not
adjudged invalid or unconstitutional.
Section 6.Effective Date.TIlis ordinance shall be effective after its final
passage,approval and posting as provided by law.
Passed and approved by the Council of the City of Waukee,Iowa,on June 15,1992.
Floyd Rosenkranz
Mayor
Attest:
Brian Redshaw
City Clerk
It was movedby CouncilmanDuray and seconded by CouncilmanClark that the statutory rule
requiring said ordinance to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended.TIleMayorput
the question on the motion and the roll being called,the following namedCouncilmen
voted:Ayes:Clark,Duroy,Gruber,Scott.Nayes:Nonerecorded.Absent:Bailey.
Motion ca=ied 4 to O.Whereupon,the Mayordeclared the motion duly carried.
It was movedby CouncilmanGruber and seconded by CouncilmanClark that the ordinance
entitled "OrdinanceNo.2156.An Ordinance providing for the division of taxes levied
on taxable property in the WaukeeSouthwest Urban RenewalArea of the City of Waukee,
Iowa,pursuant to Section 403.19 of the Codeof Iowa",nowbe put upon its final passage
and adoption.The Mayorput the question on the final passage and adoption of said
ordinance and the roll being called,the following namedCouncilmen
voted:Ayes:Clark,Duroy,Gruber,Scott.Nayes:Nonerecorded.Absent:Bailey.
Motion carried 4 to O.Whereupon,the Mayordeclared the motion duly carr-ted and said
ordinance duly adopted.
Preliminary Assessrrents Plats &SChedules f=Hickman Road Trunk sewer P:roject.Steve
Pierce explained the proposed project and answered questions.TIleestimated cost of the
project is $497,500.00.
TIleCouncil took up and considered proposed HickmanRoadTrunk Sewer Project.It was
movedby CouncilmanDuroyand seconded by CouncilmanClark that Veenstra &Kimm,Inc.
be designated as engineers in connection with the project and maybe hereafter refe=ed
to as the "Project Engineers".After due consideration thereof,the Mayorput the
question on the motion and the roll being called,the following namedCouncilmenvoted:
Ayes:Clark,Duray,Gruber,Scott.Nayes:Nonerecorded.Absent:Bailey.Motion
carried 4 to O.Whereupon,the Mayordeclared the said motion duly ca=ied.
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Councilman Gruber moved the adoption of a resolution entitled "Resolution No.198.
Preliminary resolution pursuant to Section 384.42 of the Iowa Code covering the Hickman
Road Trunk Sewer Project",seconded by Councilman Duroy.After due consideration,the
Mayor put the question on the motion and the roll being called,the following Councilmen
voted:Ayes:Clark,Duroy,Gruber,Scott.Nayes:None recorded.Absent:Bailey.
Motion carried 4 to O.Whereupon,the Mayor declared the resolution duly adopted and
signed approval thereto.
RESOLUTION NO.198
Preliminary resolution pursuant to Section 384.42 of the Iowa Code covering the
Hickman Road Trunk Sewer Project
WHEREAS,it is deemed advisable that certain public improvements be constructed in
the City of Waukee,Iowa (the "City"),in accordance with the provisions of Chapter 384
of the Code of Iowa,and the cost or a portion thereof be assessed to the property
benefited thereby;and
WHEREAS,the City has arranged for engineering services with Veenstra &Kimm,Inc.
in connection with the said improvement;
NOiI,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa:
Section 1.The following sanitary sewer improvements shall be constructed as a
single improvement and such improvement shall be located with terminal points and of
materials and sizes as follows:
Description of the Type and Location of the Improvement:
The project generally consists of an l8-inch trunk sewer beginning approximately five
hundred seventy-two (572)feet north of the intersection of Fourth Street and Hickman
Road (Iowa Highway 6)and extending south approximately four hundred sixty-five (465)
feet and then east parallel and one hundred seven (107)feet north of the centerline of
Hickman Road (Iowa Highway 6)a distance of approximately four thousand two hundred ten
(4,210)feet and then south across Hickman Road (Iowa Highway 6)a distance of
approximately one hundred fifty-five (155)feet.
Materials and Sizes:-
The following constitutes the kinds of materials to be used and the approximate
quantitites:
KINDS QUANTITIES
1.Stabilizing Material 100 CY
2.Highway Crossing 135 LF
3.Street &Driveway Replacement Granular 460 Tons
4.Field Drain Lines 100 LF
5.Sanitary Sewer Pipe in Place -8"(DI )20 LF
6.Sanitary Sewer Pipe in Place -1811 (DI,LRCP)4677 LF
7.Standard Manholes 14 Ea.
8.Manhole Extra Depth 175 LF
It is considered that the property within the following described boundaries will
be specially benefited by this improvement and should be specially assessed:
An area in Section 28,33 and 34,Township 79 North,Range 26 West of the 5th Principal
Meridian located in the City of Waukee,Dallas County,Iowa,more particularly described
as follows:
Commencing at the east quarter corner of Section 28,Township 79 North,Range 26
West;thence west along the east-west centerline of said Section 28 six hundred and
sixty (660)feet;thence south parallel to the east line of Section 28 to a point six
hundred and sixty (660.0)feet north of the south line of Section 28;thence west
parallel to the south line of Section 28 to a point ninety-three and four tenths (93.4)
feet west of the north-south centerline of Section 28;thence south two hundred
twenty-nine and five tenths (229.5)feet;thence west sixty (60.0)feet;thence south
three hundred ninety-seven and five tenths (397.5)feet to the north right-of way line
of Iowa Highway 6 (Hickman Road);thence east along said north right-of-way line two
hundred thirty and one tenth (230.1)feet;thence south eighty-three (83.0)feet to the
northwest corner of Lot 26,Mary Ann Estates Plat 2;thence east seven hundred six and
ninety-two hundredths (706.92)feet;thence south two hundred two (202.0)feet;thence
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west six hundred ninety-three (693.0)feet;thence south one hundred seventy (170.0)
feet to the southwest corner of said Lot 26;thence east six hundred ninety-three (693.0)
feet to the southeast corner of Lot 25,MaryAnnEstates Plat 2;thence south along the
east line of MaryAnnEstates Plat 4 and MaryAnnEstates Plat 3 to the northwest corner
of Outlot Y,MaryAnn Estates Plat 3;thence northwest twenty-seven and thirteen one
hundredth (27.13)feet,thence south one hundred ninety-nine and sixty-six one hundredth
(199.66)feet to the southwest corner of said Outlot Y located on the north right-of-way
line of the 'Chicago and Northwestern Railroad;thence southeast along the north right-of-way
line of said Railroad to the north-south centerline of Section 34,Township79 North,
Range26 West,thence north along the north-south centerline of said Section 34 to the
north quarter corner of Section 34;thence west along the north line of Section 34 to the
southeast corner of Section 28 (northwest corner of Section 34);thence north along the
east line of Section 28 to the east quarter corner of Section 28,said quarter corner
being the point of beginning,except for highwayright-of-way,streets and roads.
Section 2.The Project Engineers are hereby ordered to prepare preliminary plans
and specifications,an estimated total cost of the work and a plat and schedule and to
file the same with the City Clerk.
Section 3.The improvementshall be knownas the "HickmanRoadTrunk Sewer Project",
and shall be so refe=ed to in all subsequent proceedings.
Section 4.All resolutions,parts of resolutions,or actions of the Council in
conflict herewith are hereby repealed,to the extent of such conflict.
Pass and approved June IS,1992.
Floyd Rosenkranz
Mayor
Attest:
Brian Redshaw
City Clerk
The City Clerk stated that the Project Engineers had completed and filed the plat.The
Council proceeded to determine the valuation of each lot within the assessment district
and reported such valuations to the Project Engineers with instructions to show them on
the schedule to be filed.
The City Clerk stated that the Project Engineers had prepared and filed preliminary plans
and specifications,an estimated total cost of the work and the plat and schedule,as
directed in the preliminary resolution just adopted.
CouncilmanClark movedthe adoption of a resolution entitled "Resolution No.199.
Resolution approving and adopting preliminary plans and specifications,estimate of cost
and plat and schedule covering the HickmanRoadTrunk SewerProject",seconded by
CouncilmanGruber.After due consideration,the Mayorput the question on the motion
and the roll being called,the following Councilmenvoted:Ayes:Clark,Duroy,Gruber,
Scott.Nayes:Nonerecorded.Absent:Bailey.Motion carried 4 to O.Whereupon,the
Mayordeclared the resolution duly adopted and signed approval thereto.
RESOLUTIONNO.199
Resolution Approvingand Adopting Preliminary Plans and Specifications,Estimate of
Cost and Plat and Schedule Covering The HickmanRoadTrunk Sewer Project.
WHEREAS,the Council has adopted a preliminary resolution pursuant to Section 384.42
of the Codeof Iowa,covering the HickmanRoadTrunk Sewer Project;and
WHEREAS,in accordance with such preliminary resolution,the Project Engineers have
prepared preliminary plans and specifications,an estimated cost of the work and a plat
and schedule,and have filed the samewith the City Clerk;and
WHEREAS,this Council has determined the valuation of each lot proposed to be
assessed for the HickmanRoadTrunk Sewer Project and such valuations are nowshownon
the schedule,and this Council deems it advisable that the said preliminary plans and
specifications,estimated cost of the work and plat and schedule should be approved;
NCW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa:
Section 1.The preliminary plans and specifications referred to in the preamble
hereof be and the same are hereby approved.
Section 2.The plat,schedule and the valuations as shownthereon and estimate of
cost are hereby ratified and approved.
Section 3.This Council proposes to proceed with the HickmanRoadTrunk Sewer
---------------------------
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Project and a proposed resolution of necessity shall be prepared and hearing held
thereon in accordance with the provisions of Sections 384.49,384.50 and 384.51 of the
Codeof Iowa.
Section 4.All resolutions,parts of resolutions,or actions of the Council in
conflict herewith be and the same are hereby repealed.
Passed and approved June IS,1992.
Mayor
Floyd Rosenkranz
Attest:
Brian Redshaw -City Clerk
CouncilmanGruber movedthe adoption of a resolution entitled "Resolution No.200.
Proposed Resolution of Necessity Covering the HiclananRoadTrunk Sewer Project",seconded
by CouncilmanDuroy,After due consideration,the Mayorput the question on the motion
and the roll being called,the following Councilmenvoted:Ayes:Clark,DuIDy,Gruber,
Scott.Nayes:Nonerecorded.Absent:Bailey.Motion carried 4 to o.Whereupon,the
Mayordeclared the resolution dUly adopted and signed approval thereto.
RESOLUTIONNO.200
ProposedResolution of Necessity Covering The HickmanRoadTrunk Sewer PIDject.
WHEREAS,this Council has adopted a preliminary resolution in accordance with
Section 384.42 of the Codeof Iowa,covering the HiclananRoadTrunk Sewer Project
(the "Project");and
WHEREAS,pursuant thereto,the Project Engineers have prepared preliminary plans
and specifications,an estimated total cost of the work and a plat and schedule,including
the valuation of each lot as determined by this Council,and the same have been du.Ly
adopted and are nowon file with the City Clerk;
NCW,THEREFDRE,Be It Resolved by the City Council of the City of Waukee,Iowa:
Section 1.It is hereby found and determined to be necessary and for the best
interest of the City and its inhabitants to proceed with the Project,and to assess the
cost or a portion thereof to the property benefited thereby.
Section 2.The Project shall constitute a single improvementand shall consist
generally of the construction of 18-inch trunk sewer and other work incidental thereto
all as more particularly described in the preliminary resolution relating to the Project
previously adopted by this Council,which resolution is hereby referred to for a more
complete description of the location and terminal points of the Project and the property
benefited thereby and proposed to be assessed to pay the cost or a portion of the cost
of the Projec t ,The location and terminal points of the Project are further described
in the notice to property owners in Section 7 hereof.
Section 3.It is hereby found and determined that there are nowon file in the
office of the City Clerk an estimated total cost of the proposed work and a preliminary
plat and schedule showingthe amountproposed to be assessed to each lot by reason of
the Project.
Section 4.This Council will meet at 7:00 o'clock P.M.,on the 7th day of July,1992,
at the City Hall,in the City,at which time and place it will hear the property owners
subject to the proposed assessment or assessments and interested parties for or against
the Project,its cost,the assessment thereof or the boundaries of the properties to be
assessed.Unless a property owner files objections with the City Clerk at the time of
the hearing on the resolution of necessity,he shall be deemedto have waived all
objections pertaining to the regularity of the proceedings and the legality of using the
special assessment procedure.
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Section 5.The City Clerk is authorized and directed to give notice as required by
Section 394.50 of the Codeof Iowa by publication once each week for two consecutive
weeks prior to the hearing in a newspaperpublished at least once weekly and having
general circulation in the City.The first publication of such notice in such newspaper
shall be not less nor more than 20 days prior to the hearing.
Section 6.The City Clerk shall likewise mail a copy of such notice by regular
mail to each property ownerwhoseproperty is subject to assessment for the Project,as
shownby the records in the office of the CountyAuditor not less than 15 days prior
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to the hearing on this resolution.
Section 6.The City Clerk shall likewise mail a copy of such notice by regular
mail to each property owner whose property is SUbject to assessment for the Project,as
shown by the records in the office of the County Auditor not less than 15 days prior to
the hearing on this resolution.
Section 7.Such notice shall be in form substantially as follows:
NOTICE ill PROPERTY OVNERS
NOTICE IS GIVEN:That there are now on file for pUblic inspection in the office of
the City Clerk of the City of Waukee,Iowa,a proposed resolution of necessity,an
estimate of cost and a plat and schedule showing the amcunts proposed to be assessed
against each lot and the valuation of each lot within a district approved by the City
Council of Waukee,Iowa,for a sanitary sewer improvement,described in general as the
Hickman Road Trunk Sewer Project,of the type and in the location as follows:
Description of the Type and Location of the Improvement:
The project generally consists of an 18-inch trunk sewer beginning approximately five
hundred seventy-two (572)feet north of the intersection of Fourth Street and Hickman
Road (Iowa Highway 6)and extending south approximately four hundred sixty-five (465)
feet and then east parallel and one hundred seven (107)feet north of the centerline of
Hickman Road (Iowa Highway 6)a distance of approximately four thousand two hundred ten
(4,210)feet and then south across Hickman Road (Iowa Highway 6)a distance of approximately
one hundred fifty-five (155)feet.
It is considered that the property wi thin the following described boundaries will
be specially benefited by this improvement and should be specially assessed:
An area in Section 28,33 and 34,Township 79 North,Range 26 West of the 5th Principal
Meridian located in the City of Waukee,Dallas County,Iowa,more particularly described
as follows:
Commencing at the east quarter corner of Section 28,Township 79 North,Range 26
West;thence west along the east-west centerline of said Section 28 six hundred and sixty
(660)feet;thence south parallel to the east line of Section 28 to a point six hundred
and sixty (660.0)feet north of the south line of Section 28;thence west parallel to the
south line of Section 28 to a point ninety-three and four tenths (93.4)feet west of the
north-south centerline of Section 28;thence south two hundred twenty-nine and five tenths
(229.5)feet;thence west sixty (60.0)feet;thence south three hundred ninety-seven and
five tenths (397.5)feet to the north right-of-way line of Iowa Highway 6 (Hickman Road);
thence east along said north right-of-way line two hundred thirty and one tenth (230.1)
feet;thence south eighty-three (83.0)feet to the northwest corner of Lot 26,Mary Ann
Estates Plat 2;thence east seven hundred six and ninety-two hundredths (706.92)feet;
thence south two hundred two (202.0)feet;thence west six hundred ninety-three (693.0)
feet;thence south one hundred seventy (170.0)feet to the southwest corner of said Lot
26;thence east six hundred ninety-three (693.0)feet to the southeast corner of Lot 25,
Mary Ann Estates Plat 2;thence south along the east line of Mary Ann Estates Plat 4
and Mary Ann Estates Plat 3 to the northeast corner of OUtlot Y,Mary Ann Estates Plat 3;
thence northwest twenty-seven and thirteen one hundredth (27.13)feet;thence south one
hundred ninety-nine and Sixty-six one hundredth (199.66)feet to the southwest corner
of said Outlot Y located on the north right-of-way line of the Chicago and Northwestern
Railroad;thence southeast along the north right-of-way line of said Railroad to the
north-south centerline of Section 34,Township 79 North,Range 26 West,thence north
along the north-south centerline of said Section 34 to the north quarter corner of Section
34;thence west along the north line of Section 34 to the southeast corner of Section 28
(northwest corner of Section 34);thence north along the east line of Section 28 to the
east quarter corner of Section 28,said quarter corner being the point of beginning,
except for highway right-of-way,streets and roads.
The Council will meet at 7:00 o'clock P.M.,on the 7th day of July,1992,at the
City Hall,Waukee,Iowa,at which time the owners of the property subject to assessment
for the proposed improvement or any other person having an interest in the matter may
appear and be heard for or against the making of the improvement,the boundaries of the
district,the cost,the assessment against any lot or the final adoption of a resolution
of necessity.A property owner will be deemed to have waived all objections unless at
the time of hearing he has filed objections with the City Clerk.
Brian J.Redshaw
City Clerk
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(The mailed copies of such notice to property owners mayhave added thereto the
following:
According to the records of the CountyAuditor,you are the ownof
(Insert Legal Description)
and the proposed assessment against the same is $.)
Section 8.All resolutions,parts of resolutions,or actions of the Council in
conflict herewith be and the same are hereby repealed,to the extent of such conflict.
Passed and approved June 15,1992.
Floyd Rosenkranz
Mayor
Attest:
Brian Redshaw
City Clerk
Bid Letting on 6th Street Waterline.The Mayorannouncedthat this was the time and
place set for the hearing and inspection of bids for the proposed Sixth Street Water
Main Extension Project.Brian reported that no oral or written objections,statements
or other exhibits had been received at City Hall regarding the proposed plans,specifications
or contract for or cost of such Sixth Street Water Main Project.The Mayorasked the
audience if anyone present had any oral or written objections,statements or other
exhibits to present to the Council.Nonewere received.
CouncilmanClark introduced and movedthe adoption of a resolution entitled "Resolution
No.201.Finally approving and confirming plans,specifications and form of contract
for the Sixth Street Water Main Extension Project",seconded by CouncilmanDuroy.After
due consideration,the Mayorput the question on the motion and the roll being called,
the following Councilmenvoted:Ayes:Clark,Duray,Gruber,Scott.Nayes:Nonerecorded.
Absent:Bailey.Motion ca=ied 4 to o.Whereupon,the Mayordeclared the resolution
declared the resolution duly adopted and signed approval thereto.
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RESOLUTIONNO.201
Finally approving and confirming plans,specifications and form of contract for the
Sixth Street Water Main Extension Project
WHEREAS,this Council has heretofore approved plans,specifications and form of
contract for the proposed Sixth Street Water Main Extension Project (the "Project"),as
described in the resolution providing for a notice of hearing on proposed plans and
specifications,proposed form of contract and estimate of cost of the Project and the
taking of bids therefor;and
WHEREAS,hearing has been held on objections to the proposed plans,specifications
and form of contract and to the cost of the Project and all objections thereto have been
overruled;
New,THEREFORE,IT IS RESOLVEDbythe City Council of the City of Waukee,Iowa,as
follows:
Section 1.The plans,specifications and form of contract refe=ed to in the
preamble hereof are hereby finally approved,and the prior action of the Council approving
them is hereby finally confirmed,and the Project,as provided for in the plans,
specifications and form of contract,is necessary and desirable.
Section 2.All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Passed and approved June 15,1992.
Attest:
Brian Redshaw
Mayor
Floyd Rosenkranz
City Clerk
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The Mayor announced that this was the time and place set for the reception and
consideration of bids for the Sixth Street Water Main Extension Project.Steve Pierce
stated the estimated cost of the project was $141,000.00.It was movedby Councilm3n
Gruber and seconded by Councilman Scott that the Mayor and the City Clerk proceed
with the opening of such propcsals as had been filed,after first ascertaining that the
required bid security accompanied each such proposal.The Mayor put the question on
the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Clark,
Duroy,Gruber,Scott.Nayes:None recorded.Absent:Bailey.Motion carried 4 to O.
Thereupon,the Mayor declared the said motion duly carried and the Mayor and the City
Clerk proceeded accordingly.
Bids and proposals which had been submitted for the construction of the Sixth Street Water
main Extension Project were then opened and considered,and it was found that the
following bids and proposals had been received:
NAMEANDADDRESSOF BIDDER AMOUNTOF BID
Dean Farnsworth Trenching Co.
RR2,Box 233
Shenandoah,Iowa 51601
$131,761.25
Corell Contractor,Inc.
P.O.Box 4077
Des Moines,Iowa 50333
146,989.00
Van Hauen &Associates,Inc.
P.O.Box 23160
Clive,Iowa 50325
98,127.80
MaxSmith Construction
900 South Division
Creston,Iowa 50801
123,805.00
Steve Pierce reviewed bids and verified cost extensions.
Resident Review for Sixth Street water Main Extension Project.CouncilmanDuroy
introduced and moved the adoption of a resolution entitled "Resolution No.202.
Amendmentto Engineers Agreement",seconded by Councilman Clark.After due consideration,
the Mayorput the question on the motion and the roll being called,the following
Councilmenvoted:Ayes:Clark,Duroy,Gruber,Scott.Nayes:None recorded.Absent:
Bailey.Motion car.r.ied 4 to O.Whereupon,the Mayor declared the resolution duly adopted
and signed approval thereto.
RESOLUTIONNO.202
AMENDMENITOENGINEERSAGREEMENT
TIUSAMENDMENTTOAGREEMENT,made and entered into this 15th day of June,1992,by and
between the City of Waukee,Iowa,hereinafter refe=ed to as the "CMner"or "City",party
of the first part,and Veestra &K:irnm,Inc.,a corporation organized and existing under
the laws of the State of Iowa,party of the second part,hereinafter referred to as the
"Engineers",
WITNESSETH:THATWHEREAS,the City is now contemplating the construction of certain
improvements to its municipal water system with said improvements being hereinafter
refe=ed to as the "Project",and
WHEREAS,in an Agreement dated March 2,1992,the City retained the services of the
Engineers to provide design services for the Sixth Street Water Main Extension -Waukee,
Iowa project,and
WHEREAS,the plans and specifications for the Project are complete and ready for bidding,
and
WHEREAS,the Agreement dated March 2,1992,provided that the fee for general services
during construction,resident review and final review would be included in an amendment
to the Agreement,and
WHEREAS,the City desires to retain the Engineers to provide complete engineering
services during construction of the Project.
NCW,THEREFORE,it is hereby agreed by and between the parties hereto that the Agreement
dated March 2,1992,is amendedby the following additions,deletions and modifications:
1.Under"13.COMPENSATION."delete paragraph "e"in its entirety and sUbstitute
the following:
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e.The total fee for general services during construction,resident review
and final review for the Project as outlined in "a"of "1.SCOPEOF PROJECT."
shall not exceed the sum of Nine Thousand Seven Hundred Dollars (9,700.00).
2.Under"16.SERVICESNOTINCLUDED."add the following paragraph following
paragraph "b".
"Resident review services beyond the expiration of the original construction
contract period are not included in the Amendmentto Agreement.Additional resident
review shall be considered Extra Work."
3.Under "18.TIMEOF CCMPLETION."add the following paragraph following paragraph "b",.
"The Engineers shall complete the work outlined in this Amendmentto Agreement for
the Project by the completion of the original construction contract plus a
reasonable time for final completion of the general services during construction."
Except as modified in this Amendmentto Agreement,the terms and provisions of the
Agreementdated March 2,1992,shall be applicable to work under this Amendmentto
Agreement.
The undersigned do hereby covenant and state that this Amendmentto Agreementis
executed in duplicate as though each were an original and that there are no oral agreements
that have not been reduced to writing in this instrument.
It is further convenanted and stated that there are no other considerations or monies
contingent upon or reSUlting from the execution of this Agreement,now have any of the
above been implied by or for any party to this Agreement.
IN WITNESSWHEREOF,the parties have hereunto subscribed their names on the date first
written above.
CITYOFWAUKEE,ICWA
By ~~~--------MAYOR
ATTEST:-
By,----=..,.,....----=,.,,---,-_
City Clerk
VEENSTRA&KIMM,INC.
By,..,..,-,_-=-_7-0------,-_
Vice President
ATTEST:
By,_
Xenia Water ~t.Status of agreement discussed and negotiations continue.
CouncilmanDon Bailey arrived at 8:30 P.M.
Bid Letting on Sixth Street Water Main Extension Project (corrt,),Steve Pierce reported
that the low bid received from Van Hauen &Associates,Inc.is in order and recommended
approval.CouncilmanDuroy introduced and movedthe adoption of a resolution entitled
"Resolution No.203.Awardingcontract for the Sixth Street Water Main Extension Project",
seconded by CouncilmanClark.After due consideration,the Mayorput the question on
the motion and the roll being called,the following Councilmenvoted:Ayes:Bailey,Clark,
Duroy,Gruber,Scott.Nayes:None recorded.Motion carried 5 to o.Whereupon,the
Mayordeclared the resolution duly adopted and signed approval thereto.
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RESOLUTIONNO.203
Awardingcontract for the Sixth Street Water Main Extension Project
WHEREAS,pursuant to notice du.Iy published in the manner and form prescribed by
resolution of this Council and as required by law,bids and proposals were received by
the City Clerk and reported to this Council for the Sixth Street Water Main Extension
Project (the "Project");and
WHEREAS,all of the said bids and proposals have been carefully considered,and it
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it necessary and advisable that provision be made for the award of the contract for the
Project;
NCW,THEREFORE,IT IS RESOLVEDbythe City Council of the City of Waukee,Iowa,as
follows:
Section 1.The bide for the Project submitted by the following contractor is fully
responsive to the plans and specifications for the Project,heretofore approved by the
Council,and is the lowest bid received,such bid being as follows:
Nameand Address of Contractor Arrountof bid
$98,127.80VanHauen&Associates,Inc.
P.O.;Box 23160
Clive,Iowa 50325
Section 2.The contract for the Project is hereby awarded to such contractor at
the total est:imated cost set out above,the final settlement to be made on the basis of
the unit prices therein set out and the actual final quantities of each class of materials
furnished,the said contract to be subject;to terms of the aforementioned resolution,
the notice of hearing and letting,the plans and specifications and the terms of the
bidder's written proposal.
Section 3.The Mayorand City Clerk are hereby authorized and ordered to enter
into a written contract with said contractor for the Project,said contract not to be
binding until approved by resolution of this Council.
Section 4.The amountof the contractor's performance and/or paymentbonds is
hereby fix and determined to be 100%of the amountof the contract.
Passed and approved June 15,1992.
Floyd Rosenkranz
Mayor
Attest:
Brian Redshaw
City Clerk
Sheldahl R-3 Re-zoning Hearing.The Mayorannounced this was the time and place set for
hearing of the proposed re-zoning to R-3 from R-2.Brian reported that no oral or written
objections to the proposed re-zoning had been received at City Hall.The Mayorasked
for any oral or written commentsfrom the audience concerning the proposed re-zoning.
Nonewere received.
CouncilmanBailey introduced an ordinance entitled "Ordinance No.2157.An ordinance to
AmendChapter 301,WaukeeMunicipal Code,Zoning Ordinance of the City of Waukee,Iowa,
By Re-zoning and Changing Certain Property therein from R-2 (one and two family residential
district)to R-3 (multi-family residential district);AndAmendingthe Official Zoning
Mapto ShowRe-zoning;And the Republication of Said Map.
It was movedby CouncilmanScott and seconded by CouncilmanClark that the aforementioned
ordinance be read by the City Clerk.The Mayorput the question on the motion and the
roll being called,the following namedCouncilmanvoted:Ayes:Bailey,Clark,Duroy,
Gruber,Scott.Nayes:none recorded.Motion carried 5 to O.Whereupon,the Mayor
declared the motion duly ca=ied and declared that said ordinance had been given its
initial passage.Brian read the following ordinance:
Ordinance No.2157
An Ordinance to AmendChapter 301,WaukeeMunicipal Code,Zoning Ordinance Of The City
Of Waukee,Iowa,By Re-zoning And Changing Certain Property therein FromR-2 (one and
two family residential district)to R-3 (multi-family residential district);And Amending
the Official Zoning Mapto ShowRe-zoning;And the Republication of Said Map.
Be It Ordained by the Council of the City of Waukee:
Section 1.Property re-zoned.
The East 264 feet of the South 415.40 feet of the north 827.40 feet of the following
described tract of land:(An irregular shap tract of land is located in the NE!;,of Section
33 T79NR26West of the 5th P.M.,Waukee,Dallas County,Iowa,which lies south of the
south right-of-way line of U.S.HighwayNo.6,as it is presently established,all of
which is more accurately described as follows:)Commencingt the North!;,corner of said
Section 33,thence S 89'57'30"E,along the North Line of the NE !;,of said Section 33,
76.7 feet,thence S 0'02'30"W,50.0 feet,to a point that is on the South right-of-way
line of said U.S.HighwayNo.6,thence S 89'57'30"E,parallel with and 50.0 feet
South of the North line of the NE!;,of said Section 33 and along the South right-of-way
line of said U.S.HighwayNo.6,706.92 feet,to the POINTOFBEGINNING,thence continuing
S 89'57'30"E,parallel with and 50.0 feet South of the North line of the NE!;,of said
Section 33 and along the South right-of-way line of said U.S.HighwayNo.6,528.2 feet,
thence S 0'04'54"E,1924.03 feet,to a point that is on the Northerly right-of-way
of said Chicago and Northwestern Railroad,thence N 63'16'03"W,parallel with and
50.0 feet normally distant from and North of the Center Line of said Chicago and
Northwestern Railroad and along the Northerly right-of-way line of said Chicago and
Northwestern Railroad,580.13 feet,thence N 0'26'30"W,parallel with 975.0 feet
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East of the Center Line of 4th Street,as it is presently established,1663.51 feet,to
the Point of Beginning.Said tract of land being subject to and together with any and
all easements of record.
Section 2.Effective Date.This ordinance shall be in effect upon its final passage,
approve and publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,this 15th day of June,1992,
and approved this 15th day of June,1992.
Floyd Rosenkranz
Floyd W.Rosenkranz,Mayor
Attest:
Brian Redshaw
Brian J.Redshaw,City Clerk -
It was movedby CouncilmanGruber and seconded by CouncilmanDuroy that the statutory
rule requiring said ordinance to be considered and voted on for passage at two Council
Meetings prior to the meeting at which it is to be finally passed be suspended.The
Mayorput the question on the motion and the roll being called,the following named
Councilmenvoted:Ayes:Bailey,Clark,Duroy,Scott.Nayes:Nonerecorded.Motion
ca=ied 5 to O.Whereupon,the Mayordeclared the motion duly cerxi.ed.
It was movedby CouncilmanClark and seconded by CouncilmanScott that the ordinance
entitled "Ordinance No.2157.An Ordinance to amendChapter 301,WaukeeMunicipal Code,
Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property
therein from R-2 (one and two family residential district)to R-3 (multi-family residential
district);and amendingthe official zoning map to showre-zoning;and the repUblication
of said map",nowbe put upon its final passage and adoption.The Mayorput the
question on the final passage and adoption of said ordinance and the roll being called,
the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duray,Gruber,Scott.Nayes:
none recorded.Motion carrie 5 to O.Whereupon,the Mayordeclared the motion duly
carried and said ordinance duly adopted.
Library Board Appoin1:ments.Movedby CouncilmanClark and seconded by CouncilmanBailey
to appoint John Grisso and Marilyn Rutz to 3 year terms beginning 7-1-92.Motion
ca=ied 5 to O.
FY92-93 Budget 1IrreIldIIEntHearing for Library.
by CouncilmanGruber to set budget hearing for
Motion carried 5 to O.
Movedby CouncilmanClark and seconded
7-7-92 at 7:00 P.M.at City Hall.
Under-registering Water Meters.Brian explained the current problems encountered with
mis-registering meters and asked for Council direction in resolving disputes.
CouncilmanDuroymovedadoption of Resolution No.204 entitled "Resolution Adopting
Chapters 19.4(13)and 21.4(6).
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seconded by Councilman Scott.After due consideration,the Mayor put the question on
the m:>tion and the roll being called,the following named Councilmenvoted:Ayes:Clark,
Duray,Scott.Nayes:Bailey,Gruber.Motion carried 3 to 2.Whereupon,the Mayor
declared the resolution dUly adopted.
Coke Waterline Purchase.Councilman Scott moved to authorize the payment of $63,846.00
to Bll:'ickand Tyler for the purchase of the 12"waterline and related easements,seconded
by Councilman Duray.The Mayor put the question on the motion and the roll being called,
the following named Councilmen voted:Ayes:Bailey,Clark,Duray,Gruber,Scott.Nayes:
None recorded.Motion carried 5 to O.Paul Huscher was directed to examine the :;).03 A
Abstract of Title.
Councilman Gruber moved to authorize signature required by Mr.Jaques on D.O.T.permit
to extend waterline North under Highway6,seconded by Councilman Scott.The Mayor
put the question on the motion and the roll being called,the following named Councilmen
voted:Ayes:Bailey,Clark,Duray,Gruber,Scott.Nayes:none recorded.Motion
ca=ied 5 to O.
Orrbside Pickup OI:dinance.CouncilmanBailey introduced an ordinance entitled "An
Ordinance amending Chapter 213 of the Code of Ordinances of the City of Waukee,Iowa,
regulating and licensing pf commercial haulers of refuse,by renumbering paragraphs and
by prohibiting picking up'of refuse from alleys"r
It was movedby Councilman Clark and seconded by Councilman Duroy that the aforementioned
ordinance be read by the City Clerk,The Mayor put the question on the motion and the
rall being called,the following named Councilman voted:Ayes:Bailey,Clark,Duray,
Gruber,Scott.Nayes:none recorded.Motion carried 5 to O.Whereupon,the Mayor
declared the motion duly carried and declared that said ordinance had been given its
initial passage.Brian read the following ordinance:
ORDINANCENO._
ANORDINANCEAMENDIN3CHAPTER213 OF THECODEOF ORDINANCESOFTHECITYOF WAUKEE,
laNA,REGULATIN3ANDLlCENSIN3OF CCM1ERlCALHAULERSOF REFUSE,BYRENUMBERINGPARAGRAPHS
ANDBYPRGUBITINGPICKIN3UP OF REFUSEFRCMALLEYS.
Section 1.§213.3 of the Code of Ordinances of the City of Waukee,Iowa,is hereby
amendedby changing the numbering thereof to §213.4
Section 2.§213.4 of the Code of Ordinances of the City of Waukee,Iowa,is
hereby amendedby changing the numbering thereof to §213.5.
Section 3.§213.5 of the Code of Ordinances of the City of Waukee,Iowa,is hereby
amendedby changing the numbering thereof to §213.6.
Section 4.§213.6 of the Code of Ordinances of the City of Waukee,Iowa,is hereby
deleted.
Section 5.Chapter 213 of the Code of Ordinances of the City of Waukee,Iowa,is
hereby amendedby inserting as §213.3 the following:
No commercial hauler shall pick up refuse from any alley within any R-1,R-2,R-3,
R-4,or R-5 Districts in the City of Waukeeas defined in the Zoning Ordinance of
the City of Waukee,Iowa.
Section 6.Effective Date.This ordinance shall be in effect after its final
passage,approval,and publication as required by law.
Passed by the Council this day of 1992,and
approved this day of t 1992.
Floyd Rosenkranz
Floyd Rosenkranz
MAYOR
Attest:
Brian J.Redshaw
Brian J.Redshaw,Clerk
Noise ordinance.No ordinance adopted at this time but a statement will be inserted in
building permit applications stating that construction noise is to be restricted
between the hours of 10:00P.M.and 7:00A.M.
Notice Posting 0I:dinance.Councilman Duroy introduced an ordinance entitled "An
ordinance amending Section 106.2 of the Code of Ordinances of the City of Waukee,Iowa,
by deleting Brenton State Bank,Waukee,Iowa office,as a place for notice,and inserting
in lieu thereof,WaukeeHardware and Variety".
It was movedby Councilman Clark and seconded by Councilman Scott that the aforementioned
ordinance be read by the City Clerk.The Mayor put the question on the motion and the
roll being called,the following Councilmenvoted:Ayes:Bailey,Clark,Duroy,Gruber,
Scott.Nayes:none recorded.Motion ca=ied 5 to O.Whereupon,the Mayor declared
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the motion duly carried and declared that said ordinance had been given its initial
passage.Brian read the following ordinance:
ORDINANCENO._
ANORDINANCEAMENDINGSECTION106.2 OF THECODEOF ORDINANCESOFTHECITYOF WAUKEE,
ICWA,BY DELETINGBRENIDNSTATEBANK,WAUKEE,ICWAOFFICE,AS A PLACEFORNOTICE,AND
INSERTINGIN LIEUTHEREOF,WAUKEEHARDWAREANDVARIETY.
Section 1.§106.2 of the Code of Ordinances of the City of Waukee,Iowa,is hereby
amendedby deleting therefrom the words,"Brenton State Bank,Waukee,Iowa office,"and
inserting in lieu thereof the words,"WaukeeHardware and Variety."so that said section,
as amended,shall read as follows:
§106.2.Listing of Places of Posting and Length of Notice.The three places where
pUblic of ordinances and other matters permitted to be posted to be displayed are:
WaukeeCity Hall
United State Post Office,Waukee,Iowa
WaukeeHardware and Variety,Waukee,Iowa
The city Clerk is hereby directed to promptly post such ordinances and notices,and to
leave them so posted for not less than 10 days after the first date of such posting and
the city Clerk shall note the firest date of such posting on the copies of said ordinance,
on the official copy of the ordinance,and in the official ordinance book immediately
following the ordinance.
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 this day of ,1992,and
approved this day of r 1992.
Floyd Rosenkranz
Floyd Rosenkranz
MAYOR
Attest:
Brian Redshaw
Brian J.Redshaw,Clerk
IGIC settlement.Brian was directed to continue cost investigation.
Matters Regarding Annexation Pending Bef=e the City Developrent Board.Paul updated
the Council.
Public safety Conmittee.Report given by Councilman Gruber.
Mayor's Rep=t.The Mayor reminded staff to check building permit reports being sent
to the Homebuilders Association to correctly report multi-family permits.
It was moved by Councilman Gruber and seconded by Councilman Duroy to approve minutes
of the 6-1-92 Council meeting as printed.Motion cerr-ied 5 to O.
lldministrators Report.It was moved by Councilman Duray and seconded by Councilman
Clark to approve the closing of Northview Drive between 1st and 2nd Streets on July 25th
and from 4:30 P.M.to 9:00 P.M.Motion ca=ied 5 to O.
It was moved by Councilman Duroy and seconded by Councilman Gruber to offer employees
a $100.00 travel advance and to immediately reimburse for travel expenses.A roll call
vote was taken as follows:Ayes:Clark,Duray,Gruber.Nayes:Bailey,Scott.Motion
ca=ied 3 to 2.
lIdjournment.Motion by Councilman Bailey and seconded by Councilman Gruber to adjourn.
Motion carried 5 to O.
Meeting adjourned at 10:40 P.M.
Attested: