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HomeMy WebLinkAbout1994-03-21-Regular Minutes-87 - included:sanit<rry sewer service for the area:traffic flows:public safety facility;park area:tax revenues to be generated:adequate street capacity;alcohol sales to minors;joint school/city complex;affect on school enrollment:costs to the City for Water and Sewer extensions:whether any more apartments were needed inWaukee:and fire protection. MayorChedester conducted straw polls to gauge the wishes of the audience: On the question of allowing the multi-family residential rezoning request: 22 in favor 21 in opposition On the question of allowing the communitycommerical district rezoning request: 31 in favor 16 in Opposition MayorChedester left the meeting at 10:00 A.M. Discussion continued. Motion by CouncilmanDuroy,seconded by CouncilwomanLihs,to adjourn.Motion carried 4 to O.Meeting adjourned at 10:02 A.M. Chet Chedester,Mayor The March 21~994 WaukeeCity Council Regular meeting was called to order at 7:00 P.M.by MayorChet Chedester with Brian Redshawtaking minutes. Roll was taken and the following Council memberswere present:DonBailey,Jr.,Frank Duray,Nick Gruber and MonicaLihs.CouncilmanTerry Strain was absent. Staff and guests in attendance:Leon Koeppel,Bob Rolland,Jacqueline Rolland, Michelle Hillman,Becci McGowen,Ben Phillips,Jim Thompson,Cecil Reynolds,Tom Tovrea,Dennis Hanes,Mark Schmitt,Bart Weller,Clint Robinson,Jeff Downing,John Kursitis,Lewis Hansen,Jim Oakes,DonHenson,Bob Trissel,Chris Bourne,Larry Hague, Brad Curtis,Ken Puncerelli,Steve Grubb,Rick Ross,Jim De Witt,Jr.,LaDonna Gratias,Paul Bratny,Rebecca Clark,John Wesselmann,TomBredeweg,Joe Finn,Fred Eastman,Sharon Eastman,Mark Currie,TomGriffith and Joanna Werch._ AgendaAdditions.Parks Committee(22A).Movedby CouncilmanGruber,seconded by CouncilmanDuroy,to add this agenda item.The Mayorput the question on the motion and the roll being called,the following namedCouncil membersvoted:Ayes:Bailey, Duray,Gruber and Lihs.Nays:none.Absent:Strain.Motion carried 4 to O. Approval of Minutes.Minutes were not ready for Council action and CouncilmanGruberwasaskedtoinvestigatethematter. Open Forun.Leon Koeppel asked if consideration has been given to holding Council meetings at the Library or if additional chairs could be brought in for the largeattendanceatCouncilmeetings. TomTovrea asked if the audience was still allowed to speak on any agenda item and wasassuredthattheywere. Guests. Mark CUrrie FY94-95Insurance.Mark Currie,of Insurance Associates of Iowa,reviewed hius FY94-95insurance recomnendations and answered questions. TomBredeweg,Executive Director of League of Iowa Municipalities and director of Iowa CommunitiesAssurance Pool,spoke to the Council about the history and formation of Iowa CommunitiesAssurance Pool and its commitmentto prOVidingproper insurance coverage to Iowa Cities at reasonable rates. Rebecca Clark,Managerof Iowa Municipalities Workers'CompensationAssociation,spoke to the Council about premiumcalculations,claims record,coverage and benefits and committmentto providing a quality product to cities._ Movedby CouncilmanDuroy,seconded by CouncilwomanLihs,to approve the insurance package from ICAPas presented at a cost of $36,381.The Mayorput the question on the motion and the roll being called,the following namedCouncil membersvoted:Ayes: Bailey,Duray,Gruber and Lihs.Nays:none.Absent:Strain.Motion ca=ied 4 to O. The Mayorasked that the next insurance proposal be brought before the Council much earlier and he would like a copy of Waukee's Insurance claim history. WayneErdman -Xenia Request.This item was placed on the agenda in error--it should not have been added until the April 4th Council meeting.The Utility Committeewould prefer a written agreement with the property owner;the Committeereccmnendsthe City review it's rate policy for water users outside City Limits:the Committeediscussed a service agreement that would cover everything,mechanical aspects also:the Committee did not want any cost of providing service to this property to be absorbed by the -88 - City;and the Committeetalked about standard tap fee and regular hookup fee being developed if the City is to continue offering water service beyond the corporate limits. MyronHirscl:m3n -Yard Wast Agreanent.No agreement presented. Michelle Hillman -Tree DJnation.Michelle Hillman,of Waste Management,in recognition of the recycling efforts of Waukeecitizens and in celebration of Earth Day on April 23,Waste Managementwould like to donate a tree to the City of Waukee. Movedby CouncilmanDuroy,seconded by CouncilmanBailey,to receive the donated tree with appreciation and to refer the question of placement to the Parks Committee.The Mayorcalled for a roll call vote:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none. Absent:Strain.Motion ca=ied 4 to O. Jim Oakes,Waste Management,addressed the problem of compartment sizes within the recycling containers and the efforts Waste Managementhas taken to design a workable and efficient container.Mr.Oakes informed the Council that Waste Managementhas discontinued the monthly rental charge.Waste Managementwill study the recylcing habits of Waukeeresidents and develope recommendations that may better meet Waukee's needs. Paul Bratney -HickmanWest Industrial Park Sewer.Paul Bratney,HickmanWest Plat II,spoke to the Council about a possible tenant and asked for some indication of when the Council felt the HickmanRoad Trunk Sewer would be extended to the Industrial Park.Mr.Bratney was told that until the annexation question is settled,that the Council is unable to plan and schedule the extension of the sanitary sewer trunk line. Jim De Witt.Jr.-First Responders Radio Purchase.Jim explained the need for a new handheld radio and stated that the cost is within their budget.Movedby Councilwoman Lihs,seconded by CouncilmanGruber,to accept the radio proposal and to place purchase approval on the April 4th Council meeting agenda.Motion ca=ied 4 to 0 on a voice vote. Bill Presentation.Movedby CouncilmanDuroy,seconded by CouncilmanBailey,to approve payment of claims submitted totaling $56,274.81.The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber and Lilis.Nays:none.Absent:Strain.Motion carried 4 to O. Vendor Aratex Services,Inc. Arnold Motor Supply Asplundh Tree Expert Bank IV Oklahoma Bings Office Supply Bob BrownChevrolet Brittain's Parts Business Communications Carpenter Uniform Electronic Engineering EmergencyMedical Products Farmers Coop Elevator Floyd's Sporting Goods Gall's Inc. Ia Assoc of Muni Utilities Ia Dept of Transportation Midwest Power Jim Coons Trucking KARProducts Mid-land Equipment Co Midland Marketing Corp Midwest Gas Association Olson Brothers Quality Ford Genex Radio Shack Roberts Company Safety~Kleen Corp Sprayer Specialties Inc Spry Auto Parts Triplett Office United States Cellular USWest Communications University Photo Washpointe Autowash Waste Management Water Environment Total Purpose Entrance mat cleaning Parts 02/94 Ia One Call Service Gas Purchases Police office supplies Parts Compressedair Radio Repair Uniforms Repair and service First Responders supplies 02/94 purchases Batteries Police supplies NMDG1994 dues Hot patch machine Usage Sand Hauling Cleaner,degreaser Filters Gas purchased Construction inspections 02/94 purchases repairs Oxygen&acetylene Council meeting cassettes Badges Cleaning Supplies Parts Repairs Office Supplies Cellular Service Service DAREProgram 02/94 usage Container Pickups Annual membership Amount s 30.60 167.47 22.94 36,806.07 22.99 16.09 111.02 110.00 286.95 374.16 77.80 1,257.13 25.17 572.87 1,295.00 50.00 2,223.05 507.50 96.86 10.04 8,270.85 590.00 304.50 660.29 18.90 7.84 669.00 69.00 25.57 415.00 7.53 55.75 639.99 7.99 24.00 375.00 70.00 $56,274.81 -89 - Moved by Councilman Bailey,seconded by Councilman Gruber,to redeem the remaining outstanding wa=ant in the arrourrt of $92,000.67 plus interest.TIle Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none.Absent:Strain. Motion carried 4 to O. Ordinance ~zoning A-I to C-l -Second Reading.Motion by Councilman Duroy,seconded by Councilman Bailey,to have "AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE, ZONINGORDINANCEOF THE CITY OF WAUKEE,ICWA,BY RE-ZONINGANDCHANGINGCERTAINPROPERTY THEREINFRCMA-I (AGRICULTURALDISTRICT)'1'0 c-i (CCMMUNITYCCMMERCIALDISTRICT);AND AMENDINGTHE OFFICIAL ZONINGMAP TO SHCWRE-ZONING"read by the City Clerk for the second time.TIle Mayor called for a roll call vote:Ayes:Bailey,Duray,Gruber and Lihs.Nays: none.Absent:Strain.Motion carried 4 to O.Brian read the following ordinance: AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCEFO THE CITY OF WAUKEE,ICWA,BY RE-ZONINGANDCHANGINGCERTAI PROPERTYTHEREIN FRCMA-I (AGRICULTURALDISTRICT)TO c-i (OCMUNITYCCMMERCIALDISTRICT);ANDAMENDINGTHE OFFICIAL ZONINGMAP TO 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-I (agriCUltural district)to C-l (community commercial district),and that the Official Zoning Map be made to reflect such amendment: 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 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-l,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 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.TIlis 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 April,1994,and approved this day of April,1994. ";j j il I I~ t j J JI Jl, I :~ :),, ,j Chet Chedester 1i ',jIj j I1 II ;1 I II Chet Chedester,Mayor ATTESTED: Brian J.Redshaw Brian J.Redshaw,City Clerk OJ:dinance ~zoning A-I to R-3 -second Reading.Motion by Councilman Gruber,seconded by Councilman Bailey,to have "AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE, ZONINGORDINANCEOF THE CITY OF WAUKEE,ICWA,BY RE-ZONINGANDCHANGINGCERTAINPROPERTY THEREINFRCMA-I (AGRICULTURALDISTRICT)TO R-3 (MULTI-FAMILYRESIDENTIALDISTRICT);AND AMENDINGTHE OFFICIAL ZONINGMAPTO SHCWRE-ZONING"read by the City Clerk for the second.L; time.The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber and Lihs.Nays: none.Absent:Strain.Motion carried 4 to O. AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCEOF THE CITY OF WAUKEE,ICWA,BY RE-ZONINGAND CHANGINGCERTAINPROPERTYTHEREINFRCMA-I (AGRICULTURALDISTRICT)TO R-3 (MULTI-FAMILYRESIDENTIALDISTRICT);ANDAMENDINGTHE OFFICIAL ZONINGMAP TO 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-I (Agricultural District)to R-3 (MUlti-Family Residential District),and that the Official Zoning Map be made to reflect such amendment: -90 - 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 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. 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,approva.L and publication as provided by law. Passed by the City Council of the City of Waukee,Iowa,this day of April,1994, and approved this day of April,1994. Chet Chedester Chet Chedester,Mayor ATTESTED: Brian J.Redshaw Brian J.Redshaw,City Clerk Ordinance Rezoning A-I To R-2 -second Reading.Motion by Councilman Bailey,seconded by Councilman Du=y,to have "AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE, ZONIN3ORDINANCEOF TIlE CITY OF WAUKEE,ICWA,BY RE-ZONINGANDCHANGINGCERTAINPROPERTY THEREINFRCMA-I (AGRICULTURALDISTRICT)TO R-2 (ONEANDTWOFAMILYRESIDENTIAL);AND AMENDINGTHE OFFICIAL ZONIN3MAPTO SHCWRE-ZONING"read by the City Clerk for the second time.The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none.Absent:Strain.Motion carried 4 to O. ANORDINANCETOAMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCEOF TIlE CITY OF WAUKEE,ICWA,BY RE-ZONINGANDCHANGIN3CERTAINPROPERTYTHEREINFRCM A-I (AGRICULTURALDISTRICT)TO R-2 (ONEANDTWOFAMILYRESIDENTIAL);ANDAMENDING TIlE OFFICIAL ZONINGMAPTO SHCWRE-ZONIN3. 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 f=m A-I (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 Rail=ad,and the East One-half (E 1/2)of the Southwest Quarter (SW 1/4) North of the Railway,all in Section Thirty-four (34)in Township Seventy-nine (79)North,Range Twenty-six (26)containing One Hundred Twenty acres,more or less,in Dallas County,Iowa,EXCEPT,Commencing 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 Rail=ad 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 3/4W',200.0 feet;thence SO 15 1/4'W,200 feet to the Northerly Right- of-Way line of said Rail=ad;thence S63 17'E,parallel to and 50.0 feet normally distant f rom 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 ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.SEVERABILITYCLAUSE.If any section,provision or part of this ---_._------_._-_.._----------_.._------_._--- �91 - 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 April,1994, and approved this day of April,1994. Chet Chedester ATTESTED:Chet Chedester,Mayor Brian J.Redshaw Brian J.Redshaw,City Clerk Ordinance Rezoning A-I to R-3 -Second Reading.Three written objections were received by City Hall and Councilwoman Lihs reported receiving additional objections at her home. a lengthy discussion followed. Motion by Councilman Gruber,seconded by Councilman Duroy,to have "AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCEOF THE CITY OF WAUKEE,ICWA, BY RE-ZONINGANDCHANGINGCERTAINPROPERTYTHEREIN FRCMA-1 (AGRICULTURALDISTRICT)TO R-3 (MULTI-FAMILYRESIDENTIALDISTRICT);AND AMENDINGTHE OFFICIAL ZONINGMAP TO SHCW RE-ZONING"read by the City Clerk for the second time.The Mayor called for a roll call voted:Ayes:Bailey,Duray and Gruber.Nays:Lihs.Absent:Strain.Motion carried 3 to 1.The Mayor veoted the motion citing belief that there needs to be more study oftrafficimpact. Motion by Councilman Gruber,seconded by Councilman Bailey,to ove=ide the Mayor's veto.The Mayor called for a roll call vote:Ayes:Bailey,Duroy and Gruber.Nays: Lihs.Absent:Strain.Motion failed a 3 to 1 favorable vote -four votes are requ.:ired to ove=ide a veto. Ordinance Rezoning A-I To C-l -Second Reading.Motion by Councilman Gruber,seconded by Councilman Duroy,to have "AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE, ZONINGORDINANCEOF THE CITY OF WUAKEE,IewA,BY RE-ZONINGAND CHANGINGCERTAINPROPERTY THEREIN FRCMA-I (AGRICULTURALDISTRICT)TO C-1 (CCMMUNITYCCMMERCIALDISTRICT);AND AMENDINGTHE OFFICIAL ZONINGMAP TO SHCWRE-ZONING"read by the City Clerk for the second time.The Mayor called for a roll call vote:Ayes:Bailey,Duroy and Gruber. Nays:Lihs.Absent:Strain.Motion ca=ied 3 to 1.The Mayor vetoed the motion citing unresolved questions about a commercial area on this corner being close to the school. Motion by Councilman Bailey to ove=ide the Mayor's veto died for lack of a second. Bid Opening On Fire Truck.Brian reported that only one bid had been received for the 1971 Ford fir truck for $8,360.00 Moved by Councilman Bailey to reject the bid and to open the bidding process again,seconded by Councilman Gruber.The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none.Absent:Strain. Motion carried 4 to o.Motion by Councilman Bailey to set June 3rd at 5:00 P.M.as the bidding deadline and to set June 6,1994 at 7:00 P.M.at City Hall for bid opening, second by Councilman Duray.The Mayor called for a roll call vote:Ayes:Bailey, Duroy,Gruber and Lihs.Nays:none.Absent:none.Motion ca=ied 4 to O. Ordinance Rezoning A-I 1b R-1 And Rezoning R-1 1b R-5.Ken Puncerelli,EDS, representing Stephen R.Grubb Construction,spoke to the Council about the proposed rezoning of his property located North of University and West of Boone Drive,explained the proposed developnent,and answered questions.No written objections were received at City Hall.Moved by Councilman Duray to introduce "AN ORDINANCETO AMENDCHAPTER 301,WAUKEEMUNICIPALCODE,ZONINGORDINANCEOF THE CITY OF WUAKEE,ICWA,BY RE-ZONING ANDCHANGINGCERTAIN PROPERTYTHEREIN FRCMA-I (AGRICULTURALDISTRICT)TO R-1 (SINGLE- FAMILYRESIDENTIALDISTRICT);AND FRCMR-1 (SINGLE-FAMILY RESIDENTIALDISTRICT)TO R-5 (PLANNEDUNIT DEVELOPMENTDISTRICT);AND AMENDINGTHE OFFICIAL ZONINGMAP TO SHCW RE-ZONING"• Motion by Councilman Gruber,seconded by Councilman Duroy,to have the said ordinance read by the City Clerk.The Mayor called for a roll call vote:Ayes:Bailey,Duroy, and Gruber.Nays:Lihs.Absent:Strain.Motion carried 3 to 1.Brian read the following ordinance: AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNCIPALCODE,ZONINGORDINANCEOF THE CITY OF WAUKEE,IewA,BY RE-ZONINGAND CHANGINGCERTAINPROPERTYTHEREIN FRCM A-I (AGRICULTURALDISTRICT)TO R-1 (SINGLE-FAMILYRESIDENTIALDISTRICT);AND FRCM R-1 (SINGLE-FAMILY RESIDENTIALDISTRICT)TO R-5 (PLANNEDUNIT DEVELOPMENT DISTRICT);AND AMENDINGTHE OFFICIAL ZONINGMAP TO 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-I (agricultural district),to R-1 (single-family 'i, I I ,, 1IIIj - -92 - residential district);and frcm R-1 (single-family residential district)to R-5 (planned unit developnent district)and that the Official Zoning Map be made to reflect such amendment: A parcel of land in the E 1/2 of the SE 1/2 of the SE 1/4 of Section 35,Township 79 North,Range 26 West of the Fifth P.M.,Dallas County,Iowa,more particularly described as follows: The East 1/2 of the SE 1/4 of Section 35,Township 79 North,Range 26 West of the Fifth P.M.,except the North 500.47 feet of the East 726.00 feet and except Lot 1, 2,3 and 4 of Seven Pines and except the north 329.51 feet of the east 278 feet of the NE 1/4 of the SE 1/4 and except the north 28.00 feet of the east 278.00 feet of the SE 1/4 of the SE 1/4 and except the following des=ibed parcel: An irregularly shaped portion of the SE 1/4 of Section 35,Township 79 North,Range 26 Wet of the 5th P.M.,Waukee,Dallas County,Iowa,des=ibe as:Commencing at the SE Corner of said Section 35,thence,NOO00'OO"Ealong the East line of the SE 1/4 of said Section 35;a distance of 60.00 feet to the North Right-of-Way line of University AVenue as it is presently established and to the Point of Beginning; thence S89 55'44"W along the North Right-of-Way line of said University Avenue,a distance of 623.00 feet;thence NOO00'00",a distance of 325.00 feet;thence,N59 OO'OO"Ea distance of 515.00 feet;thence,N82 30'00"E,a distance of 149.84 feet; thence N90 OO'OO"E,a distance of 33.00 feet to the East line of the SE 1/4 of said Section 35;thence SOOOO'OO"E,thence along the east line of the SE 1/4 of said Section 35,a distance of 609.03 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 affec 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 hall 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 4th Street Crossing Proposals.Councilman Baile4y reported that he attended the school board meeting on March 10th and asked for their assistance to resolve the problems at the Elementary School and reported that the Board referred the matter to the Elementary School Advisory Board.Councilman Bailey has asked Jim De Witt,Jr.,Greg Breuer and Chris McKinney to meet with the Advisory Board. Wind£ield Special lIssessrrent Resolution.Motion by Councilman Gruber,seconded by ~Q~Councilwoman Lihs,to approve Resolution #299 A Resolution Adopting and Levying The:fl Revised Final Schedule Of Assessments And Providing For The Payment Thereof By Subdividing The Original Assessment Against The Tracts Described In the Resolution Set Forth Below (Windfield Plat 2 -Waukee,Iowa -Hickman Road Trunk Sewer Assessment #650).The Mayor called for a roll call voted:Ayes:Bailey,Durcy,Gruber and Lihs. Nays:none.Absent:Strain.Motion carried 4 to O. Resolution No.299 A RESOLUTIONADOPTINGANDLEVYINGTHE REVISEDFINAL SCHEDULEOF ASSESSMENTSANDPROVIDINGFOR THE PAYMENTTHEREOFBY SUBDIVIDINGTHEORIGINAL ASSESSMENTAGAINSTTHE TRACTSDESCRIBEDIN THE RESOLUTIONSET FORTHBELCIN(WINDFIELDPLAT2 - WAUKEE,ICINA-HICKMANROADTRUNKSEWER ASSESSMENT#650). WHEREAS,the City Council of the City of Waukee,Iowa,passed and approved,on the 11th day of August,1992 a Resolution adopting the Resolution of Necessity No.217,in connection with the Construction of the Hickman Road Trunk Sewer,and thereafter let a contract for the construction thereof; WHEREAS,the City Council of the City of Waukee,Iowa,passed and approved Resolution No.239,adopting and levying assessments in connection with said project, and said assessments were thereafter certified to Dallas County,Iowa,for entry on the County Tax List and for collection in part as follows: �93- CERITFICA::IE I'D. 65 66 IEG\L r:ES:RIPTICN Lots A,B,C,D &E Windfield Outlots "X"Windfield Plat I 67 Outlot "Y"Windfield Plat I CWt\ER Waukee,Iowa Windfield Development,Inc. Windfield 10JAL ASSEffiIEN:r $10,848.81 $55,87.19 Total Assessment $33,915.10 $100,642.10 WHEREAS,the above-namedowner of the above described real property has submi.t ted d.t.s proposed Plan of Division pursuant to subsect Ion 384.61,of the Code of Iowa (1993),"a copy of which is attached hereto and marked Exhibit "Ai"which" proposes that the above described real property be divided as follows: Certificate No.Legal Description Owner Total Assessment 65.1 Lots A,B,C,D &E Windfield Plat 1,except the portion thereof included in Windfield Plat 2 - Waukee,Iowa $ $ 9,385.96 1,462.8565.2 66.1 Lot A Windfield Plat 2 Outlot "X"Windfield Plat 1, except the part thereof which Windfield included in Windfield Plat 2 Development,Inc.$53,777.91 Outlot "Y"Windfield Plat 1, except the part thereof which is included in Windfield Plat Windfield 2 Development,Inc.$27,540.69 Waukee,Iowa 67.1 71 Windfield Plat,except LatA Windfield Development,Inc.$8,474.69 Total Assessment $100,642.10 WHEREAS,the Council has read and examined the proeprty owner's Plan of Divison,hereinabove refe=ed to,and the sums appear in the judgement of the Council to be reasonable: NGI,THEREFORE,IT IS RESOLVEDby the City Council of the City of Waukee, Iowa,as follows: 1.That the proposed Plan of Division of the real property described above and as set out on Exhibit"A",referred to in the preamble to this Resolution,be and the same is hereby confirmed and approved on the condition,however,that all unpaid assessments covering the principal and interest on the original assessment nowdue have been paid or will be paid by said property owner,before the above-mentioned division shall become effective. 2.That a copy of this Resolution,duly certified by the City Clerk,be filed with the County Auditor and County Treasurer,Dallas County,Iowa,which filing will constitute their authority to modify and revise the County records accordingly to conform with the above-mentioned Plan of Division. 3.That the County Treasurer and/or City Clerk is hereby authorized and instructed to recompute the interest due on the remaining unpaid installments,if any,based upon the Plan of Division hereby accepted and approved by the Council. PASSEDANDAPPROVEDonthis 21st Day of March,1994 '.. Chet Chedester,Mayor ATTESTED: Brian J.Redshaw,City Clerk Windfield sanitary Sewer EasellEIlt Resolution.Movedby CouncilmanGruber,seconded by CouncilmanDuroy,to approve Resolution #300 adopting the Windfield Sanitary Sewer Easement.The Mayor called for a roll call vote:Ayes:Bailey,Duray,Gruber and Lihs.Nays:none.Absent:Strain.Motion ca=ied 4 to O. Resolution No.300 Sanitary Sewer Easement KNGIALLPERSONSBYTHESEPRESENTSthat Windfield Development,Inc. (hereinafter the "Grantor"),for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,does hereby convey unto the City of Waukee,Iowa,a municipal corporation (hereinafter the "City"),a perpetual easement and right-of-way under,over,on,through,across and within the following described real estate: The West 10.0 feet of Lots 4 through 9,Windfield Plat 2,an Official Plat,now included in and forming a part of the City of Waukee,Iowa, -94 - i., i:r I,, I hereinafter called the "EasementArea",for the purpose of the City reconstructing,repairing,replacing,enlarging,inspecting and maintaining a sanitary sewer together with all necessary structures and appurtenances thereto, under,over,on,through,across and within the EasementArea. This Easement shall be subject to the following terms and conditions: 1.EREcrlOOAND PLACEMENT OF STROCTURESPRCHIBlTED. Grantor shall not erect any residence,garage,building or other permanent structure (except a paved roadway,driveway,parking,curb,fence,landscaping, ground cover and/or other utilities)under,over,on,through,across or within the Easement Area without obtaining the prior written consent of the City,nor shall Grantor cause or approve any such residence,garage,building or other permanent structure to be placed under,over,on,through,across or within the EasementArea (except a paved roadway,driveway,parking,curb,fence, landscaping,ground cover and/or utilities)without obtaining the prior written consent of the City. 2.rnAN3E OFGRADEPRCHIBlTED.Grantor shall not change the grade, elevation or contour of any part of the Eastment Area without obtaining the prior written consent of the City. 3.RIGHTOFACCESS.The City shall have the right of reasonable access to the EasementArea and have all rights ingress and egress reasonably necessary for the use and enjoyment of the EasementArea as herein described,inclUding but not limited to,the right to remove,without liability to Grantor,any unauthorized structures under,over,on ,through,across or wihtin the Eastment Area. 4.LIABILI'IY.Except as maybe caused by the negligent acts or omissions of the City,its employees,agents,or representatives,and except as otherwise provided herein,the City shall not be liable for any injury or property damage occurring in or to the EasementArea,nor for property damageto any improvements or obstructions thereon,that results from the City6's reasonable exercise of its rights herein granted.Grantor agrees to indemnify and hold the City,its employees,agents and representatives harmless from any loss,damage,injury or any claim or lawsuit for loss,damageor injury arising out of or resulting from the negligent or intentional acts or omissions of Grantor or its employeeor agents.The Ctiy shall restore the easement area after exercising its rights hereunder from time to time (including repairing or replacing any paved roadway, driveway,parking,curb,fence,landscaping,ground cover and/or other utilities). 5.EASEMENTBENEFIT.This Easement shall be for the benefit of the City, the owners of the property abutting said EasementArea,and the owners of property lying within the City,but rights hereunder maybe exercised only by the City and/or its designated agents. 6.EASEMENTRUNSWIlli mE LAND.This Easement shall be deemedto run with the land and shall be binding on the parties and on the heirs,successors and assigns of the parties hereto. 7.APPROVALBYCI'IYOJUNCIL.This Easement shall not be binding until it has received final approval and acceptance by the City Council of the City of Waukee,Iowa,by Resolution which final approval and acceptance shall be noted on this Easementby the City Clerk. S.WARRANITES.Grantor does hereby convenant with the City that (1) Grantor holds the EasementArea by title in fee supple,subject to easements and restrictions of record;(II)Grantor has good and lawful authority to convey the same;and (III)Grantor convenants to warrant and defend the EasementArea against the lawful claims of all persons whosoever. 9.COOSTRUCI'IOO.Wordsand phrases herein,including the acknowl.edqement; hereof,shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. Signed this __day of February,1994. WINDFIEWDEVELOPMENT,INC. By:Michael R.Meyer,President By:Kevin J.Johnson,Secretary Windfield Utility Eas8llEIltResolution.Movedby CouncilmanGruber,seconded by CouncilmanDuroy,to approve Resolution #301 adopting the Windfield Public Utility Easement.The Mayorcalled for a roll call vote:Ayes:Bailey,Duray, Gruber and Lihs.Nays:none.Absent:Strain.Motion carr-ied 4 to O. Resolution No.301 Public Utility Easement KNOiIALLPERSONSBYTHESEPRESENTSthat Windfield Developnent,Inc. (hereinafter the "Grantor"),for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,does hereby convey unto the City of ._----_._--------------- ---=.:;;:;::...-=~--:.-=----------:::::=,:::;;;;-..= -95 - Waukee,Iowa,a municipal Corporation (hereinafter the "City"),a perpetual easement and right-of-way under,over,on,through,across and within the folloWing describedrealestate: The public utility easement areas shownon the final plat of Windfield Plat 2,an Official Plat,nowincluded in and forming a part of the City of Waukee,Iowa, hereinafter called the "EasementArea",for the purpose of the City reconstructing, repairing,replacing,enlarging,inspection and maintaining public utilities together with all necessary structures and appurtenances thereto,under,over,on,through, across and within the EasementArea. This Easementshall be subject to the following terms and conditions: 1.ERECI'ICNAND PLACEMENT OFS'I'RUCTORES PRUUBITED.Grantor shall not erect any residence,garage,building or other permanent structure (except a paved roadway, driveway,parking,curb,fence,landscaping,ground cover and/or other utilities) under,over,on ,through,across or within the EasementArea without obtaining the prior written consentof the City,nor shall Grantor cause or approve any such residence,garage,building or other permanent structure to be placed under,over,on ,through,across or within the EasementArea (except a paved roadway,driveway, parking,curb,fence,landscaping,ground cover and/or other utilities)without obtaining.the prior written consent of the City.. 2.ClIAN3E OFGRADE PRCIIIBI'JED.Grantor shall not change the grade,elevation or contour of any part of the EasementArea without obtaining the prior written consentoftheCity. 3.RIGHT OFMXESS.The City shall have the right of reasonable access to the EasementArea and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the EasementArea as herein described,including but not limited to,the right to remove,without liability to Grantor,any unauthorized structures under,over,on,through,across or within the EasementArea. 4.LIABILITY.Except as maybe caused by the negligent acts or omissions of the ctiy,its employees,agents,or representatives,and except as otherwise provided herein,the City shall not be liable for any injury or property damageoccurxi.nq in or to the EasementArea,nor for property damageto any improvementsor obstructions thereon,that results from the City's reasonable exercise of its rights herein granted.Grantor agrees to indemnify and hold the City,its employees,agents and representatives harmless from any loss,damage,injury or any claim or lawsuite or loss,damage,or injury arising out of or resulting from the negligent or intentional acts or omissions of Grantor or its employeesof agents.The City shall restore the easement area after exercising its rights hereunder from time to time (including repairing or replacing any paved roadway,driveway,parking,curb,fence,landscaping,ground cover and/or other utilities). 5.EASEMENT BENEFIT.This Easementshall be for the benefit of the City,the owners of the property abutting said EasementArea,and the owners of property lying within the City,but rights hereunder maybe exercised only by the City and/or itsdesignatedagents. 6.EASEMENT RUNS WIlli LAND.The Easementshall be deemedto run with the land and shall be binding on the parties and on the heirs,successors and assigns of thepartieshereto. 7.APPROVALBYCITYaxJNCIL.This Easementshall not be binding until it has recevied final approval and acceptance by the City Council of the City of Waukee, Iowa,by Resolution which final approval and acceptance shall be noted on this Easementby the City Clerk. 8.WARRANI'IES.Grantor does hereby convenant with the City that (1)Grantor holds the EasementArea by Title in fee simple,subject to easements and restrictions of record;(II)Grantor has good and lawful authority to convey the same;and (III) Grantor convenants to warrant and defend the EasementArea against the lawful claimsofallpersonswhosoever. 9.(XlIBTRUCl'ICN.Wordsand phrases herein,including the acknowledgement hereof,shall be construed as in the singular or plural number,and as msculine or feminine gender,according to the context. Signed this _ WINDFIELDDEVELOPMENT, day of February,1994. INC. By:Michael R.Myers,President By Kevin J.Johnson,Secretary - - , I' !'~~~"Chet Chedester,Mayor!ATIEST: !m~~ f~The April 2,1994 WaukeeCity Council Meeting was called to order at 8:04 A.M.by 1;MayorChet Chedester with Bob Barrett taking minutes. Roll was taken and the following Council memberswere present:DonBailey,Jr.,Frank Duroy,Nick Gruber and Monica Lihs.CouncilmanTerry Strain was absent. Staff and guests in attendance:Brian Redshaw,Paul E.Huscher and Joanna Werch. Discussion Of 04/13/94 City Developrent Board.Movedby CouncilmanDuroy to enter into closed sessionpursuant to Iowa Code Section 21.5c."To discuss stategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.",seconded by CouncilmanBailey.TIleMayorput 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 carried 4 to O.All guests were asked to leave the council chambers and the doors were locked,and the Council entered close session at 8:06 A.M. Movedby CouncilmanGruber,seconded by CouncilmanBailey,to leave closed session. TIleMayorput 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.The Council left closed session at 9:27 A.M. Paul is authorized to makethe City's presentation on April 13 before the City Developnent Board. Movedby CouncilmanGruber,seconded by CouncilwomanLihs,to add to the 04/04/94 -96 - Highway 6 Discussion.The City will ask for business and citizen input on the design of the Highway6 widening project to be sent to City Hall,compile the responses,and then meet with lOOTto discuss the concerns. cable 'IV Regulation.TIleMayorasked for all Council membersreview the cable ordinance in order to discuss at the next Council meeting. Public WorksReport.Printed reports received;the streets in Windfield Plat 1 are cracking and settling;CouncilmanGruber and John Wesselmannwill meet and review the problems and report at the next council meeting;Kenkois coming in to repair 4th Street problems;paving of the Library parking is estimated at $5630.00 and could be done by a change order to the 1993 Streets Program;on the water tower project,an electrian has been contacted,the pumpshave been ordered,and pipe has been purchased and some of the piping is being done by staff to reduce the cost of the project;Moved by CouncilmanGruber,seconded by CouncilwomanLihs,to authorize additional 51'x13' repair to Ashworth Road at the time of the storm sewer crossing repair at an estimated cost of $5,646.00.TIleMayorcalled for a roll call vote:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none.Absent:Strain.Motion carried 4 to O. Parks Comnittee.CouncilmanBailey movedthat Brian be directd to provide John Thome,Chairmanof the Parks Committee,with a list of Committeemembers,seconded by CouncilmanGruber.TIleMayorcalled for a roll call vote:Ayes:Bailey,Duroy,Gruber and Lihs.Nays:none.Absent:Strain.Motion carried 4 to O. utilities Comnittee -Libs.03/12/94 Committeemeeting minutes were provided in the Council packets and reviewed by CouncilwomanLihs.CouncilwomanLihs also reported on the Southfork CommitteeMeeting:They discussed the Treasurer's Report;the widening of the main entrance into Southfork;and the pond;CouncilwomanLihs would like to note that the minutes were received.CouncilwomanLihs asked what the stated purpose or mission statement of the Developnent Committeeis and if there is no written statement formally adopted,that perhaps nowis the time to define the mission and to review the membersof the committee to encompassa cross section of public officials and business leaders. Mayor'Report.TIleMayorreported that census enumerators were nowworking in the town;and the Mayorhas also asked for needs planning booklets for information on future planning. 1\dministrator's Report.The Administrator reported that the census takers are meeting someresistance from senior citizens in completing the questionaire -fearful of the use of the information being gathered. MjourIllIEIlt.Motion by CouncilmanGruber,seconded by CouncilmanDuroy,to adjourn. Motion carried 4 to O.Meeting adjourned at 11:45 P.M.