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Home My WebLink About1994-03-07-Regular Meetingf,· i~i I' f: ~. t I Ii i'·, -78 - CITYCLERKRES~IBLITIES.Brian provided copies of the Powers and Duties of City Clerk,seciont 108.6 of the City Ordinances and asked for direction from the Council as to what the basis of his performance review will be.The Personnel Committee will be reviewing all the job descriptions in order to bring them up-to-date. MAYOR'SREPORT.The Mayor reported that the Preliminary Budget Meeting has been held and that the next meeting is February 22 and that after finishing th budget the Council will need to begin considering the Highway6 project ramifications to Local Businesses and Citizens. AJ:MINISTRA'lOR'SREPORT.The Council was informed of the lates payout from the Iowa Trust Totaling $12,177.92. MIKEMYERS-FINALPLATWINDFIELD II.Movedby Councilman Bailey,seconded by Councilman Gruber,to approve the easement for Windfield Plat II.The Mayor put.the question on the motion and the roll being called,the following named Council members voted:Ayes:Bailey,Duray,Gruber and Lihs.Nays:none.Absent:Strain.Motion carried 4 to o. ADJCllIRMENr.Movedby Councilman Gruber,seconded by CouncilwomanLihs,to adjourn. Motion carried 4 to O.Meeting adjourned at 10:55 P.M. ~~C'lfutClledester,Mayor ATTEST: Bri The March 5,1994 WaukeeCity Council meeting was called to order at 8:07 A.M.by Mayor Chet Chedester with Bob Barrett taking minutes. Roll was taken and the following Council memberswere present:Don Bailey,Jr.,Frank Duroy,Nick Gruber and Monica Lihs.Councilman Terry Strain was absent. Staff and guests in attendance:Brian Redshaw,Linda Mack,Oscar Stokka,Jim Thompson and John Grisso. SETTINGDATI:FORHEARIN;ONFY94-95BUDGET.A thorough and exhaustive examination of the proposed FY94-95budget was held. Movedby Councilman Bailey,seconded by Councilman Duroy,to set the FY94-95Library budget at $87,410.The Mayor put the question on the motion and the roll being called, the following named Council membersvoted:Ayes:Bailey,Duray,Gruber and Lihs.Nays: none.Absent:Strain.Motion carried 4 to O. Movedby Councilman Gruber,seconded by Councilman Duroy,to set a public hearing on the proposed FY94-95budget of $2,894,568 for March 14,1994 at 7:00 P.M.at the Waukee City Hall.The Mayor put the question on the motion and the roll being called,the following named Council membersvoted:Ayes:Bailey,Duray,Gruber and Lihs.Nays: none.Absent:Strain.Motion carried 4 to O. ADJ~.Motion by Councilman Duray,seconded by Councilman Bailey,to adjourn. Motion carried 4 to O.Meeting adjourned at 9:48 A.M. ~~ ATTEST: The March 7,1994 WaukeeCity Council regular meeting was called to order 7:00 P.M.by Mayor Chet Chedester with Bob Barrett taking minutes. Roll was taken and the following Council memberswere present:Don Bailey,Jr.,Frank Duray,Nick Gruber and Monica Lihs.Councilman Terry Strain was absent. Staff and guests in attendance:Brian Redshaw,Paul E.Huscher,John Wesselmann,John Kursi tis,Rick Ross,Bart Weller,Bob Trissel,Dennis Hanes,TomTovrea,Becci McGowen, Ben Phillips,Jim Thompson,Mark Schmidt,Jim Phillips,Frank Hoifeldt,Dennis Dolmage, Marilyn Marr,Mark Cunningham,Joe Guisinger,WayneErdman,Don Henson,Mike Downey, DennyLangel,Al Scholes,Mike Myers,Mel Mendenhall,Jerry Purdy,Karen Stevens, Marvin Whitlock,Mark McClosky,Chris Bourne,Bill Forret and Joanna Werch among others. --------" "--"----"---------"---------"-"--"--"--------"-- -79 - Agenda Additions.Office of Auditor of State,State of Iowa,Letter of Understanding (4D),movedby CouncilmanGruber,seconded by CouncilmanDuroy.The Mayorput the question on the motion and the roll being called,the following namedCouncil members voted:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none.Absent:Strain.Motioncarried4toO. (pen Forum.Joe Guisinger spoke against rezoning the area East and South of the High School for a canmercial area feeling that eventually there may be somebusiness in there that wouldn't be good for the students out there. Guests: WayneErdman -Xenia Water Request.Per direction from the Council on 02/21/94,City Staff estimated the cost of providing water service to Alan Erdmanat $367.20 for materials plus 4 to 5 hours of labor.Brian has contacted Des Moines Water Worksand received a verbal okay to service this property outside the City Limits.Waynewas asked if he would agree to buy but the Xenia service line should this property be annexed into the City in exchange for City permission for Xenia to service the property at this time.Wayneasked for some time to consider this proposal.Movedby COuncilmanGruber,seconded by CouncilmanBailey,to table this item until the April 4th Council meeting.The Mayorput the question on the motion and the roll being called,the follOWingnamedCouncil membersvoted:Ayes:Bailey,Duroy,Gruber and Lihs.Absent:Strain.Motion ca=ied 4 to O. Mike Downey-Elevated Tank Pruposal.Mike Downeyexpressed his concerns about the low water pressure at this printing plant being able to properly operate the sprinkler system.City staff explored the costs involved in reactivating the 200,000 gallon ground storage and the 50,000 gallon water tower and estimate the pumps,piping, electrical,cleaning and disinfecting to cost $14,129.03.DowneyPrinting has offered to contribute $2,500.00 towards the project cost.Reactivating the ground storage and the water tower will benefit not only DowneyPrinting but also will increase water pressure for the west side of town and the downtownbusiness district and provide improved fire protection.Movedby CouncilmanBailey,seconded by CouncilmanGruber, to approve the proposed water system improvementsat a cost of $14,129.03.The Mayor put the question on the motiuon and the roll being called,the following namedCouncil membersvoted:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none.Absent:Strain.Motion carried 4 to O. DennyLangel -Lion's Club 10K Run.Dennyexplained the proposed Lion's sponsored 10K Fun Run on April 23rd and distributed the proposed route that had been discussed with the Police Chief.Movedby CouncilmanDuroy,seconded by CouncilwomanLihs,to approve the race date and route as presented.The Mayorput the question on the motion and the roll being called,the following namedCouncil membersvoted:Ayes:Bailey,Duroy, Gruber and Lihs.Nays:none.Absent:Strain.MOtioncarried 4 to O.Dennyalso asked for permission for the Lion's to put up signs along the route prohibiting parking from 10:00 A.M.to noone on race day and to paint route directional arrows on Citystreets. Meno Of Understanding -State Auditor's Office.CouncilwomanLihs read the letter of understanding fram the State Auditor's Office4 that set forth the services to be provided as:review of the City's cu=ent internal control structure,accounting procedures and EDPsystem reports;prepare an estimate of the City's cash flow from March 1 to June 30,1994;and to issue a letter of findings and recorrrnendationson or about April 4 for a fee in the range of $3,100 to $3,300 based on the actual time spent at their standard hourly rates,plus travel and other out-of-pocket costs.Movedby COuncilwomanLihs,seconded by CouncilmanDuroy,to accept the letter of understanding. The Mayorput the question on the motion and the roll being called,the following named COuncilmembersvoted:Ayes:Bailey,Duray,Gruber and Lihs.Nays:none.Absent:Strain.Motion ca=ied 4 to O. Bill Presentation.MOtionby CouncilmanDuroy,seconed by CouncilwomanLihs,to approve payment of claims submitted totaling $56,255.87.The Mayorput the question on the motion and the roll being called,the following namedCouncil membersvoted:Ayes: Bailey,Duroy,Gruber and Lihs.Nays:none.Absent:Strain.Motion carried 4 to O. Vendor Purpose Longdistance service Entrance mat cleaning Parts VendingMachine Supplies Bondregistration fees Batteries 03/94 premium Muffler and Clamps Setup and Training Monthly copier maintenance Haz-Matawareness training 02/94 publications Library materials Catalog cards 02/94 Usage AT&T Aratex Services Arnold Motor Supply Atlantic Bottling Co. Bankers Trust Company Battery Warehouse Blue CroSS/Blue Shield Car-XMuffler &Brake COmputerManagement COpySystems Dallas County Disaster Serv Dallas County News Dawson Demco Des Moines Water Works Amount $53.70 30.60 96.23 44.40 1,650.00 74.55 9,206.97 58.95 400.00 48.51 60.00 349.73 26.37 71.46 9,687.90 -80 - Electronic Engineering Co. Fuller Standard Service Great American Outdoor Mark Gruber Hawkeye Truck Equipnent Fastpro International Paul E.Huscher Ia Association of Muni Utilities Ia State University Press Ingram Book Company Midwest Power Eric Korpanty Law Enforcement Equip Lease Consultants LGI Linda Mack Mid-Land Equipment Co Midland Marketing Corp Mueller Company Municipal Supply Packaging Services Corp Pin Oak Gallery Pi tney Bowes Inc R.L.Polk &Company Redden-Miller,Inc. The Building Inspectors Thorndike Press Union List,State Library United States Cellular US Postal Service US West Cellular US West Communications University of Iowa Utility Consultants Veenstra &Kimn VISA Waste Management Waukee Business Assoc Waukee Hardware Waukee Municipal Gas Debra Wityk Total Quarterly display paging 02/94 purchases Service Charge 02/94 Building Permits Dump Truck Medical supplies 03/94 retainer 94-95 Gas dues Library Materials Library materials 02/94 usage Program supplies Forms Copier Payment #11 Water testing 02/94 expenses Filter Gas Gas supplies Interrogator,touchgun Library Supplies Certificate framing Postage meter rental Directory Copier maintenance 02/94 Building Permits Library Materials Library Materials 03/93 Cellular Service Stamps Cellular Service Library Phone Service Library Materials Sewer Testing 02/94 Professional Services Charge 02/94 Services Annual Dues 02/94 Purchases Gas Service Library Cleaning 101.50 366.30 16.00 128.75 363.94 46.90 500.00 1,262.00 11.05 253.34 2,785.11 15.71 106.05 72.31 252.00 82.64 62.46 10,293.76 1,054.31 4,595.00 462.40 45.02 56.25 155.00 75.13 715.00 33.28 60.00 81.30 29.00 24.54 87.24 18.95 200.00 4,923.18 7.92 328.24 55.00 115.14 4,434.78 120.00 $56.255.87 Hearing On Rezoning Proposal.Rick Ross spoke to the Council describing the proposed developnent of the former Burger property and the former Booth property and shared the developer I s concept of how the properties would be developed but the plans had not been finalized.The site plan was presented to Planning &Zoning and received the;r approval.Rick answered questions and explained the developer's rationale for the proposals.The Mayor asked if any written objections had been received at City Hall and was told that none had been received.Councilwoman Lihs asked for rationale and documentation in writing from Planning &Zoning to support the decision to deviate from the comprehensive plan and allow commercial developnent in an area designated as high-density residential.Tom Tovrea spoke in opposition to the proposed apartments and stated that 80%of the people he has talked to don I t want apartments in Waukee and he felt that those people that need to live in apartments should go to Grimes or West Des Moines.Additional lengthy discussion followed. Councilman Bailey introduced "AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPAL CODE,ZONIN3ORDINANCEOF THE CITY OF WAUKEE,ICWA,BY RE-ZONINGANDCHANGINGCERTAIN PROPERTYTHEREINFRCMA-I (AGRICULTURALDISTRICT)TO c-i (CCMMUNITYCCMMERCIAL DISTRICT);ANDAMENDINGTHE OFFICE ZONINGMAPTO SHCWRE-ZONING." Moved by Councilman Gruber,seconded by Councilman Duray,to have the said ordinance read by the City Clerk.The Mayor put the question on the motion and the roll being called,the following named Council members voted:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none.Absent:Strain.Motion carried 4 to O.Brian read the following ordinance: AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCE OF THE CITY OF WAUKEE,ICWA,BY RE-ZONINGANDCHANGINGCERTAINPROPERTYTHEREINFRCM A-I (AGRICULTURALDISTRICT)TO c-i (CCMMUNITYCCMMERCIALDISTRICT);ANDAMENDINGTHE OFFICALZONIN3MAPTO SHCW RE-ZONING. BE IT ORDAINEDby the Council of the City of Waukee: Section 1.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City,adopting the Official zoning Map,is hereby amended by changing the following described real estate from A-I (Agricultural District)to C-l (Community Commercial District),and that the Official Zoning Map be made to reflect such amendment: -81 - A parcel of Land of the South 940 feet of the North 1005 feet of the Northwest 1/4 of the Northwest 1/4 of Section 34,Township 79 North,Range 26 West of the 5th P.M.,Waukee,Dallas County,Iowa;EXCEPT,the West 40.0 feet,thereof;and EXCEPT,Beginning at a point 465 feet South of and 40 feet East of the Northwest corner of Section 34,Township 79 North,Range 26 West of the 5th P.M.,Waukee,Dallas County,Iowa;thence East along a line parallel with the North line of the Northwest 1/4 of said Section 34,a distance of 210 feet;thence South of along a line parallel with the West line of the Northwest 1/4 of said Section 34,a distance of 250 feet;thence East-Southeasterly,a distance of 560 feet;thence Southeasterly,a distance of 300 feet to a point which is 1005 feet South of and 1000 feet East of the Northwest Corner of said Section 34;thence West along a line parallel with and 1005 feet South of the North line of the Northwest 1/4 of said Section 34,a distance of 960 feet;thence North along a line parallel with and 40.0 feet East of the West line of the Northwest 1/4 of said Section 34,a distance of 540 feet to the Point of Beginning;and EXCEPTthat portion now Zoned C-1,being the North 250 feet more or less. Section 2.REPEALER.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.SEVERABILITYCLAUSE.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudgication 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.EFFECTIVEDATE.This ordinance 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,this day of March,1994, and approved this day of March,1994. Chet Chedester ATIESTED:Chet Chedester,Mayor Brian J.Redshaw Brian J.Redshaw,City Clerk Moved by Councilman Bailey,seconded by Councilman Duray,to dispense with the rule requiring consideration at two (2)previous meetings prior to the meeting of final action.The Mayor put the question on the motion and the roll being called,the follOWing named Council members voted:Ayes:Bailey,Duray and Gruber.Nays:Lihs. Absent:Strain.Motion failed 3 to 1;four votes are required for passage. Councilman Gruber introduced "AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPAL CODE,ZONIN3ORDINANCEOF THE CITY OF WAUKEE,ICWA,BY RE-ZONIN3ANDCHANGINGCERTAIN PROPERTYTHEREINFRCMA-I (AGRICULTURALDISTRICT)TO R-3 (MULTI-FAMILYRESIDENTIAL DISTRICT);ANDAMENDINGTHE OFFICIAL ZONINGMAPTO SHCWRE-ZONING." Moved by Councilman Bailey,seconded by Councilman Duroy,to have said ordinance read by the City Clerk.The Mayor put the question on the motion and the roll being called,the following named Council.members voted:Ayes:Bailey,Duray,Gruber and Lihs.Nays:None.Absent:Strain.Motion ca=ied 4 to O.Brian read the followingordinance: AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCE OF THE CITY OF WAUKEE,ICWA,BY RE-ZONINGANDCHANGINGCERTAINPROPERTYTHEREIN FRCMA-I (AGRICULTURALDISTRICT)TO R~3 (MULTI-FAMILYRESIDENTIALDISTRICT);AND AMENDINGTHE OFFICIAL ZONINGMAPTO SHCWRE-ZONING. BE IT ORDAINEDby the Council of the City of Waukee: Section 1.Section 301.4 of Chapter 301,Waukee Muncipal Code,Zoning Ordinance of the City,adopting the Official Zoning Map,is hereby amended by changing the following described real estate from A-I (Agricultural District)to R-3 (Multi~Family Residential District),and that the Official Zoning Map be made to reflect such amendment: Beginning at a point 465 feet South of and 40 feet East of the Northwest corner of Section 34,Township 79 North,Range 26 West of the 5th P.M.,Waukee,Dallas County,Iowa;thence East along a line parallel with the North line of the Northwest 1/4 of said Section 34,a distance of 210 feet;thence South along a line parallel with the West line of the Northwest 1/4 of said Section 34,a distance of 250 feet; thence East-southeasterly,a distance of 560 feet;thence Southeasterly,a distance of 300 feet to a point which is 1005 feet South of and 1000 feet East of the Northwest corner of said Section 34; thence West along a line parallel with and 1005 feet South of the North line of the Northwest 1/4 of said Section 34,a distance of 960 feet; thence North alona a line parallel with and 40.0 feet East of the West line of the Northwest 1/4 of said Section 34,a distance of 540 feet to the Point of Beginning. r> l II, I: 1" [. f, r [ -82 - Section 2.REPEAlER.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.SEVERABILITYCLAUSE.If any section,provision or part of this ordinance shall be adjudged invalid of unconstitutional,such adjudication shall not affect the vaslidity of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional. Section 4.EFFECTIVEDATE.This ordinance 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,this day of March,1994, and approved this day of March,1994. Chet Chedester Chet Chedester,Mayor ATTESTED: Brian J.Redshaw Brian J.Redshaw,City Clerk Councilman Bailey introduced "AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPAL CODE,ZONIN3ORDINANCEOF THE CITY OF WAUKEE,ICWA,BY RE-ZONINGANDCHANGINGCERTAIN PROPERTYTHEREINFROMA-l (AGRICULTURALDISTRICT)TO R-2 (ONE ANDTWOFAMILY RESIDENTIAL);ANDAMENDINGTHE OFFICIAL ZONIN3MAPTO SHCWRE-ZONING." Moved by Councilman Duroy,seconded by Councilman Gruber,to have the said ordinance read by the City Clerk.The Mayor put the question on the motion and the roll being called,the following named Council members voted:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none.Absent:Strain.Motion carried 4 to O.Brian read the followin ordinance: AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCE OF THE CITY OF WUAKEE,ICWA,BY RE-ZONIN3ANDCHANGINGCERTAINPROPERTYTHEREIN FROMA -1 (AGRICULTURALDISTRICT)TO R-2 (ONE ANDTWOFAMILYRESIDENTIAL);AND AMENDINGTHE OFFICIAL ZONINGMAPTO SHCWRE-ZONING. BE IT ORDAINEDby the Council of the City of Waukee: Section 1.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City,adopting the Official Zoning Map,is hereby amended by changing the following described real estate from A-l (AgriCUltural District)to R-2 (One and Two Family Residential),and that the Official Zoning Map be made to reflect such amendment: The Northwest Quarter (NW1/4)of the Northwest Quarter (NW1/4)and the Southwest Quarter (SW 1/4)of the Northwest Quarter (NW1/4)and the Northwest Quarter (NW1/4)of the Southwest Quarter (SW 1/4)lying North of the Railroad,and the East one-half (E 1/2)of the Sothwest Quarter (SW 1/4) North of the Railwya,all in Section Thirty-four (34)in Township Seventy- nine (79)North,Range Twenty-six (26)contianing One Hundred Twenty Acres, more or less,in Dallas County,Iowa,EXCEPT,Corrrnencing at the West Quarter corner of Section 34,Township 79 North,Range 26 West of the 5th P.M., Dallas County,Iowa,thence SO OO'E,along the West line of the Southwest Quarter (SW 1/4)of said Section 34,58.9 feet to the centerline of the Chicago and North Western Railroad tracks as presently established,thence South 63 17'E,1487.18 feet along the Centerline of said tracks,thence NO 15 1/4"E,299.6 feet;thence N89 44 3/4'W,200.0 feet;thence SO 15 1/4'W, 200 feet to the Northerly Right-of-Way line of said railroad;thence S63 17'E,parallel to and 50.0 feet normally distant from the Centerline of said tracks,223.4 feet to the point of Beginning and containing 1.15 Acres more or less,and EXCEPT,public road Right-of-Way;and EXCEPTthe North 1005 feet of the Northwest 1/4 of the Northwest 1/4 of said Section 34. Section 2.REPEALER.All ordinances or parts of ordinance in conflict with the provisions of this ordinance are hereby repealed. Section 3.SEVERABILITYCLAUSE.If any section,provisions 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.EFFECTIVEDATE.This ordinance 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,this day of March, 1994,and approve this day of March,1994. Chet Chedester ATTESTED:Chet Chedester,Mayor Brian J.Redshaw Brian J.Redshaw,City Clerk -83 - Councilman Bailey introduced "AN ORDINANCETOAMENDCHAPTER301,WAUKEEMUNICIPALCODE, ZONINGORDINANCEOF THE CITY OF WAUKEE,IOiIA,BY RE-ZONINGANDCHANGINGCERTAIN PROPERTYTHEREIN FRCMA-1 (AGRICULTURALDISTRICT)TO R-3 (MULTI-FAMILYRESIDENTIAL DISTRICT);AND AMENDINGTHE OFFICIAL ZONINGMAP TO SHew RE-ZONING". Moved by Councilman Duroy,seconded by Councilman Gruber,to have the said ordinance read by the City Clerk.The Mayor put the question on the motion and the roll being called,the following named Council members voted:Ayes:Bailey,Duroy and Gruber. Nays:Lihs.Absent:Strain.Motion carried 3 to 1.Brian read the following ordinance: AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCE OF THE CITY OF WAUKEE,IewA,BY RE-ZONINGANDCHANGINGCERTAIN PROPERTYTHEREIN FRCMA-1 (AGRICULTURALDISTRICT)TO R-3 (MULTI-FAMILYRESIDENTIAL DISTRICT);AND AMENDINGTHE OFFICIAL ZONINGMAP TO SHOiI RE-ZONING. BE IT ORDAINEDby the Council of the City of Waukee: Section 1.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City,adopting the Official Zoning Map,is hereby amended by changing the following described real estate from A-1 (Agricultural District)to R-3 (Multi-Family Residential District),and that the Official Zoning Map be made to reflect such amendment: A parcel of land in the East One-half of the Southwest Quarter (E 1/2 SW 1/4)lying South of the Right-of-Way of the Minneapolis and St. Lousi Railroad Company and East of Highway,in Section Thirty-four (34),in Township Seventy-nine (79)North,Range Twenty-six (26)West of 5th P.M.,Dallas County,Iowa;EXCEPTpublic road Right-of-Way;and EXCEPTBeginning at the point of Intersection of the East Right-of-Way line of Ashworth Drive and the North Right-of-Way line of University Avenue;thence North along the East Right-of-Way line of said Ashworth Drive,a distance of 400 feet;thence East,a distance of 200 feet; thence Southeast 283 feet;thence South,a distance of 200 feet to the North Right-of-Way line of said University Avenue;thence West,a distance of 400 feet to the Point of Beginning. Section 2.REPEALER.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.SEVERABILITYCLAUSE.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 4.EFFECTIVE DATE.This ordinance 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,this day of March,1994, and approved this day of March,1994. Chet Chedester ATTESTED: Chet Chedester,Mayor Brian J.Redshaw Brian J.Redshaw,City Clerk Moved by Councilman Gruber,seconded by Councilman Bailey,to set a planning sessiuon with the City CounciL Planning &Zoning and the developers for March 19th at 8:00 A.M.at City Hall.After discussion,staff was directed to find a location with adequate seating for a large group.The Mayor put the question on the motion and the roll being called,the following named Council members voted:Ayes:Bailey,Duroy, Gruber and Lihs.Nays:none.Absent:Strain.Motion carried 4 to O.The Mayor asked that a general mailing be made to notify the residents of the Planning Workshop. Councilman Bailey introduced "AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPAL OCDE,ZONINGORDINANCEOF THE CITY OF WAUKEE,IewA,BY RE-ZONINGANDCHANGINGCERTAIN PROPERTYTHEREIN FRCMA-l (AGRICULTURALDISTRICT)TO C-1 (CCMMUNITYCCMMERCIAL DISTRICT);AND AMENDINGTHE OFFICIAL ZONINGMAP TO SHOiI RE-ZONING". Moved by Councilman Gruber,seconded by Councilman Bailey,to have the said ordinance read by the City Clerk.The Mayor put the question on the motion and the roll being called,the following named Council members voted:Ayes:Bailey,Gruber and Duroy. Nays:Lihs.Absent:Strain.Motion cerraed 3 to 1.Brian read the following ordinance: AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCE OF THE CITY OF WAUKEE,IewA,BY RE-ZONINGAND CHANGINGCERTAINPROPERTYTHEREIN FRCMA-1 (AGRICULTURALDISTRICT)TO C-1 (CCMMUNITYCCMMERCIALDISTRICT);AND AMENDINGTHE OFFICIAL ZONINGMAP TO SHOiI RE-ZONING. -84 - BE IT ORDAINEDby the Council of the City of Waukee: Section 1.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City,adopting the Official Zoning Map,is hereby amended by changing the following described real estate from A-I (Agricultural District)to C-l (Community Commerical District),and that the Official Zoning Map be made to reflect such amendment: Beginning at the point of Intersection of the East Right-of-Way line of Ashworth Drive and the North Right-of-Way line of University Avenue; thence North along the East Right-of-Way line of said Ashworth Drive,a distance of 400 feet,thence East,a distance of 200 feet;thence Southeast 283 feet;thence South,a distance of 200 feet to the North Right-of-Way line of said University Avenue,thence West,a distance of 400 feet to the Point of Beginning. Section 2.REPEALER.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.SEVERABILITYCLAUSE.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 4.EFFECTIVEDATE.This ordinance 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,this day of March, 1994,and approved this day of March,1994. Chet Chedester Chet Chedester,Mayor ATIESTED: Brian J.Redshaw Brian J.Redshaw,City Clerk Height Limitations In A-I ZOne.Discussion was held on the present height limitations of accessory buildings in A-I districts and what more reasonable height limit might be.Moved by Councilman bailey,seconded by Councilwoman Lihs,to set April 4,1994 at 7:00 P.M.at City Hall for a hearing to consider amending Waukee Municipal Code Section 301.9 C (7).The Mayor put the question on the motion and the roll being called,the following named Council members voted:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none.Absent:Strain.Motion carried 4 to O. 3rd Reading Of M-l Sign Ordinance.Motion by Councilwoman Lihs,seconded by Councilman Gruber,to have Ordinance #2174 "AN ORDINANCETO AMENDCHAPTER301,WAUKEE MUNICIPALCODE,ZONINGORDINANCE,BY AMENDINGSECTION301.23 SIGNAGETO PROVIDEFOR MONUMENTSIGNS IN INDUSTRIALDISTRICTS"read by the City Clerk for the third time. The Mayor put the question on the motion and the roll being called,the following named Council members voted:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none. Absent:Strain.Motion carried 4 to O.Brian read the following ordinance: Ordinance No.2174 AN ORDINANCETO AMENDCHAPTER301 OF WAUKEEMUNICIPALCODE,ZONINGORDINANCE,BY AMENDINGSECTION301.23 SIGNAGETO PROVIDEFORMONUMENTSIGNS IN INDUSTRIAL DISTRICTS. BE IT ORDAINEDby the Council of the City of Waukee: Section 1.Amendment.Chapter 301,Waukee Municipal Code,Zoning Ordinance,is hereby amended by inserting in Section 301.2 after definition of "SING,FREESTANDING"the following:"SEE ATTACHMENTAFORILLUSTRATIONS OF SIGN AREAANDSIGN TYPES";and Deleting Section 301.23 "M-l Light Industrial District"and "M-2 Heavy Industrial District"in its entirety and inserting in lieu thereof the following: "M-l"Light Industrial District "Signs As listed and in accordance with the provisions of the schedule and general regulations below: A.One "pole or post sign"on each street on which a business abuts; provided,however,that said "pole sign"shall not have a surface area greater than one hundred (100)square feet on anyone side thereof and not more than two (2)sides of said "pole sign"shall be used for advertising purposes,and further provided that a pole sign located closer than ten (10)feet to the right-of-way line must be at least twelve (12)feet above grade.The term "pole sign"as herein defined shall not be deemed to include any sign advertising the trade name, merchandise or service of any person,firm,or corporation who pays a -85 - B. consideration for the privilege of placing,maintaining,or using any portion of said sign to the owner or occupant of the premises upon which said sign is erected or placed.Said "pole sign"shall not extend over street right-of-way lines nor otherwise obstruct or impair the safety of pedestrians or motorists. A "monumentsign"may be substituted in place of a "pole sign"subject to the requirements set forth for a "pole sign"in A.above.A "monumentsign"shall not be more than ten (10)feet in height and shall not be located closer than ten (10)feet to any property line, and shall not obstruct or impair the safety of pedestrians and motorists. One (1)on-premises roof sign shall be permitted to a maximumof two hundred (200)square feet.'Theback of said sign shall be effectively shielded from public view by a building wall,by backing the sign against another sign face,by grouping such signs in clusters to conceal the exposed backs or by painting the exposed back a neutral color.All roof signs must adhere to the height limitations of this District. The total area of all signs pertaining to the business conducted in any building,shall not exceed a total area of three hundred (300)square feet. No sign shall project than four (4)feet above the roof line or parapet where one exists. C. D. E. "M-2"Heavy Industrial District A.Signs are permitted in and as limited by the M-l District Regulations. Section 2.REPEALER:All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.SEVERABILITYCLAUSE.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 4.EFFECTIVEDATE:'This ordinance 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,this 7th day of March, 1994,and approved this 7th day of March,1994. ATTESTED: Chet Chedester Chet Chedester.Mayor Brian J.Redshaw,City Clerk Brian J.Redshaw Movedby CouncilmanBailey,seconded by CouncilmanDuroy,to put Ordinance #2174 entitled:"ANORDINANCETOAMENDCHAPTER301 OFWAUKEEMUNICIPALCODE,ZONING ORDINANCE,BYAMENDINGSECTION301.23 SIGNAGETOPROVIDEFORMONUMENTSIGNSIN INDUSTRIALDISTRICTS"upon its final passage and adoption.'TheMayorput the question on the motion and the roll being called,the following namedCouncil membersvoted:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none.Absent: Strain.Motion carried 4 to 0,whereupon,the Mayordeclared the ordinance duly adopted and passed. Library Report -Bailey.CouncilmanBailey highlighted activities at the Library from the past month. Planning &Zoning Report -Duroy.Printed minutes of the January and February meetings were received. Public WorksDepartIrent Report.John Wesselmannreported on his efforts to complete street crack sealing for this year by hiring a firm to do the work (bid of $16,400.00);renting equipment and doing the work ourselves ($5,000.00);or purchaseing a used crack seal machine from DOT($50.00),refurbishing the machine and doing the work ourselves.A used machine has been purchased and is being repaired.John also reported on efforts to sweep the streets. Mayor's Report.'TheMayorreported:that the FY94-95budget hearing will be March 14;that he will be attending the Mid Iowa Association of Local Governments meeting on March 9th;that there is a basket containing information sent to the Mayorthat any Council memberor citizen is welcometo review;TCl Cablevision sent a letter informing the City that they would be going around correcting wiring problems in homeswithin Waukee;and the Council needs to begin focusing on the Highway6 widening project and its affects on WaukeeBusinesses and residents. l\dministrat='s Report.Brian reported that R.G.Elder Companyis in town an has j II! I I.If I· f. t[ 1I I.I,,•I'ff f" -86 - started on the Mary Ann Estates Drainage Project.The WaukeeBooster's Club asked for Council consideration of allowing a sewage holding tank at the new concession stand and permitting the pumping of the tank and dumping into the City's lagoon.The concensus of the Council and the Public Works Supervisor is to not allow the dumping of sewage from a holding tank into the lagoon system. l\djourIllOOIlt.Movedby Councilman Gruber,seconded by Councilman Duroy to adjourn.Motion carried 4 to O.Meeting adjourned at 10:13 P.M. ~Chet Chedester,Mayor ATTESTED: The March 14,1994 WaukeeCity Council Special Meeting was called to order at 7:02 P.M.by Mayor Chet Chedester with Brian Redshawtaking minutes . Roll was taken and the following Council memberswere present:Don Bailey,Jr.,Frank Duroy and Monica Lihs.CouncilmenNick Gruber and Terry Strain were absent. Staff and Guests in attendance:Jim De Witt,Jr.,Becci McGowen,Leon Koeppel,John Grisso,Jim Thompson,Dennis Hanes and Joanna Werch. Public Hearing On FY94-95Budget.The public hearing on the proposed FY94-95budget was held as published in the Dallas County Newson March 10th.No written comments were received at City Hall and no oral objections were heard at the Public Hearing. Movedby Councilman Duroy,seconded by CouncilwomanLihs,to approve Resolution #298 ~f\.~adopting the FY94-95budget of $2,894,568 with an estimated total tax levy rate of 0'$11.84410 per $1,000 valuation on regular property and an estimated tax levy rate of $3.00375 per $1,000 valuation on agricultural land.Estimated expenditures by fund: If'I, l rII., 1:' CommunityProtection HumanDevelopment Home&CommunityEnvironment Policy &Administration Total Expenditures $462,88.8 138,800 2,098,858 194,022 $2,894,568 The Mayor put the question on the motion and the roll being called,the namedCouncil membersvoted:Ayes:Bailey,Duroy and LiOO.Nays:none. Gruber and Strain.Motion carried 3 to O. l\djournment.Movedby Councilman Duroy,seconded by Councilman Bailey,to adjourn. Motion carried 3 to O.Meeting adjourned at 7:50 P.M. following Absent: Chet Chedester,Mayor ATTESTED: March 19,1994 WaukeeCity Council Special Meeting was called to order at 8:00 A.M.by Mayor Chet Chedester with Bob Barrett taking minutes. Roll was taken and the following Council memberswere present:Don Bailey,Jr.,Frank Duroy,Nick Gruber and Monica LiOO.Councilman Terry Strain was absent. Staff and guests in attendance:Brian Redshaw,Chuck Christianson,Jim De Witt,Jr., Joan Christianson,Janet Blazanin,Lloyd Royer,Frank Hoifeldt,Eric Korpanty,Jerald Steele,Dick Applegate,Jim Thompson,Dennis Hanes,Jack Moorhead,Frank Guerra, Don Henson,Stan Lawson,Doug Lawson,Bart Weller,Larry Crannell,Bob Trissel,Tom Tovrea,Brad Curtis,Ron Marr,Lewis Hansen,Dian Hansen,Marilyn Rutz,Becci McGowen, Jeff Downing,Rick Ross,Connie Ross,Mark McCluskey,Marv Whitlock,Dick Schwarty, Mrs.Whitlock,Lewis Helms,Charlotte Swallow,Dave Reed,Catherine Reed,Dennis Yoshimura,Margie Yoshimura,Larry Weaver,Carolyn Weaver,Brenda Chedester,Don Bassett,Grace Hawbaker,WayneGuttenfeller,Sharon Eastment,Mrs.Jeff Johnson, Gerald Soper,Leon Koeppel,Cecil Reynolds,Debbie Rolek,Francis Forret,Mrs.Mark McCluskey,Chad Torstenson,Pete Waters,Joanna Werch and others. A lengthy discussion of the propsoed rezoning of the property east of Ashworth Road between University Avenue and the railroad tracks to allow multi-family residential and communitycommerical development was held.Concerns expressed and discussed L~_--------------------_.------