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HomeMy WebLinkAbout1994-04-04-Regular Minutes�97 Council meeting agenda Matters Regarding Annexation Pending Before The City Developnent Board.The Mayorput the question on the motion and the roll being called,the following namedCouncil membersvoted:Ayes:Bailey,Duray,Gruber and Lihs.Nayes:none.Absent:Strain.Motion carried 4 to O. Adjournment.Mction by CouncilmanBailey,seconded by CouncilmanDuray,to adjourn.Motion carried 4 to O. ATTEST: ~4tf~Chet Chedester,Mayor The April ,994 WaukeeCity Council Regular Meeting was called to order at 7:06 P.M. by Mayor Che'EChedester with Bob Barrett taking minutes. Roll was taken and the following Councilmemberswere present:DonBailey,.Jr.,FrankDuroy,Nick Gruber,Monica Lihs and Terry Strain. Staff and guests in attendance:Brian Redshaw,Paul E.Huscher,John Wesselman"Bill Forbes,John Kursitis,Ben Phillips,Becci McGowen,TomTovrea,Jim De Witt,Jr.,Leon Koeppel,Jennifer Corrigan,Deb Dessert,AndyNielsen,Jim Phillips,Dennis Hanes, (MenBenson,Maryls Thompson,HannahWeil,Fritz Sheldon,Ron Marr,Chris Bourne,Mike Myers,Jeff Johnson,Ken Puncerelli,Bob Trissel,Bart Weller,Mark Schmitt,Mike Barnes,Lloyd Royer,Brad Curtis,Bob Underberg,Bob Hoffman,Maryls Gaston,Steve Grubb,Gil Stanley,Marvin Whitlock,Jack Moorhead,Ron Hartman,Wes Harper,Steve Hobbs,Kevin Corrigan,John Grisso,Mary White,Kristie Hirschman,Rick Ross,Perry Kamm,Craig Kamm,Darin Felt,Charles Snyder,Dan Eggen,Joanna Werchand others. AgendaAdditions.None. Approval of Minutes.Movedby CouncilmanDuray,seconded by CouncilwomanLihs,to hold over until April 18 meeting.The Mayorcalled for a roll call vote:Ayes: Bailey,Duray,Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O. Open Forum.Discussion of trees being planted within the street right-of-way was held.Motion by CouncilmanStrain,seconded by CouncilmanDuray,to allow all existing trees to remain on City parking and to direct the City Attorney to draft an ordinance to prohibit planting trees in City parking area for consideration at the 4/18 Council meeting.The Mayor called for a roll call vote:Ayes:Bailey,Duray, Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O. Guests: WayneErdman -Xenia Request.Waynewas not at the meeting. MyronHirschman -Yard Waste Agreenent.Kristie Hirschman spoke to the Council and offered alternative proposals for collection of brush and yard waste.Motion by CouncilmanStrain,seconded by CouncilmanDuroy,to accept,file and study the information furnished and to place on the April 18 Council meeting agenda.The Mayor call for a roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O. Jim De Witt,Jr.-First Responders Radio.Motion by CouncilmanDuray,seconded by CouncilmanBailey,to approve the purchase of a Motorola HT1000channel VHFprot able radio and rapid charger from Electronic Engineering Companyfor $930.00.The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O. Bill Presentation.Movedby CouncilmanBailey,seconded by CouncilmanStrain,to approve payment of claims submitted totaling $86,926.00.The Mayor called for a roll call vote:Ayes:Bailey,Duray,Gruber,Lihs and Strain.Nays:none.Motion carried5toO. Bill Presentation.Movedby CouncilmanBailey,seconded by CouncilmanStrain,to approve payment of claims submitted totaling $86,926.00.The Mayorcalled for a roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion carried 5toO.- Vendor Purpose Long distance service Parts Vending Machine Supplies Batteries 04/94 Premium Parts Monthly Copier Maintenance Handle Jug Subscription Amount $42.62 40.96 66.60 18.30 9,206.97 108.51 36.18 306.95 44.20 AT&T Arnold Motor Supply Atlantic Bottling Co Battery Warehouse Blue CrOSS/BlueShield Bob BrownChevrolet CopySystems,Inc DAREAmerica Des Moines Register !,-, r Des Moines Stamp Mfg Des Moines Water Works Dyna Systems Jim De Witt,Jr. Electronic Engineering GaS Products Sales Greenslades Towing Mark Gruber Independent Salt Company Ia Communities Pool Admin Ia Dept of Transportation Midwest Power Ia State University Jim Coons Trucking Midwest Office Tech Newman Traffic Signs Northern Natural Gas Olson Brothers R-Way Concrete Redden-Miller Danko Emergency Equip Specialty Pencils Spry Auto The Building Inspectors Toyne's Ia Fire Truck Serv Treadway Graphics Triplett Office Essentials United States Cellular US West Cellular University Photo Veenstra &Kimm Visa Waste Management Waukee Firemen's Assn Waukee Municipal Gas Total -98 - Perma stamp Water usage Supplies Mini lamp Paging and repairs Strainer Towing 03/94 building permits Hiway Salt 04/94-03/95 insurance Wood sign posts Usage Conference Road stone hauling Typewriter ribbons Detour signs Usage 03/94 purchases Concrete Monthly copier maintenance Apparatus maintenance Pencils Repairs 03/94 building permits Fire Dept supplies Balloons File Monthly Service Monthly service Film processing Professional services Gas conference expenses Monthly service Contribution Usage 93.80 10,547.32 338.16 3.78 132.10 107.50 40.00 1,409.25 481.09 36,381.00 664.40 1,900.64 95.0.0 1,097.50 28.00 84.00 10,293.76 512.32 268.13 102.92 266.50 168.19 61.50 7,101.50 96.00 38.54 450.00 25.32 31.08 3.99 1,422.80 524.26 319.30 800.00 1,165.06 $86,926.00 OJ:dinance Rezoning A-1 To C-1.Moved by Councilman Bailey,seconded by Councilman Duroy,to have Ordinance No.2175 "AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN DISTRICT;AND AMENDING THE OFFICIAL ZONING MAP TO SHCW RE-ZONING"read by the City Clerk for the third time.The Mayor called a roll call vote:Ayes:Bailey,Duray, Gruber,Lihs and Gruber.Nays:none.Motion carried 5 to O.Brian read the following ordinance: ORDINANCE NO.2175 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,ICWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN A-1 (AGRICULTURAL DISTRICT)TO C-1 (CCMMUNITY CCMMERCIAL DISTRICT);AND AMENDING THE OFFICE ZONING MAP TO SHCW RE-ZONING. BE IT ORDAINED by 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 C-1 (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 EXCEPT that 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. flI, ! I!f ~' Ir I I t~---------------------- -99 - ATTEST: haw,City Clerk Moved by ,uncilman Bailey,seconded by Councilwoman Lihs,to put Ordinance No. 2175 entitled "An Ordinance To Arrend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,By Re-Zoning And Changing Certain Property Therein From A-I (Agricultural District)to C-1 (Community Commercial District); And Amending The Official Zoning Map To Show Re-Zoning"upon its final passage and adoption.The Mayor called for a roll call vote:Ayes:Bailey,Duroy, Gruber,Lihs and Strain.Nays:none.Motion carried 5 to o.Whereupon,the Mayor declared Ordinance No.2175 duly adopted and passed. Ordinance Rezoning A-I To R-3.Moved by Councilman Duroy,seconded by Councilwoman Lihs,to have Ordinance No.2176 "AN ORDINANCETO AMENDOJAPTER301, WAUKEEMUNICIPALCODE,ZONINGORDINANCEOF THE CITY OF WAUKEE,ICWA,BY RE-ZONING ANDCHANGINGCERTAINPROPERTYTHEREINFRCMA-I (AGRICULTURALDISTRICT)TO R-3 (MULTI-FAMILYRESIDENTIALDISTRICT);ANDAMENDINGTHE OFFICIAL ZONINGMAPTO SHCW RE-ZONING"be read by the City Clerk for the third time.The Mayor called for a roll call vote:Ayes:Bailey,Duray,Gruber,Lihs and Strain.Nays:none. Motion carried 5 to O.Brian read the following ordinance: ORDINANCENO.2176 AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONIG ORDINANCEOF THE CITY OF WAUKEE,IOWA,BY RE-ZONINGANDCHANGINGCERTAINPROPERTY THEREINFRCMA-I (AGRICULTURALDISTRICT)TO R-3 (MULTI-FAMILYRESIDENTIAL DISTRICT);ANDAMENDINGTHE 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-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 aline 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,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.severability 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 4.Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided by law. -100 - Passed by the City Council of the City of Waukee,Iowa,this 4th day of April, 1994,and approved this 4th day of April,1994. &6=~ AT'IEST: Brian J.Redshaw,City Clerk Moved by Councilman Bailey,seconded by Councilwoman Lihs,to put Ordinance #2177 entitled "AN ORDINANCETO AMENDOJAPTER301,WAUKEEMUNICIPALOODE,ZONINGORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONINGANDCHANGINGCERTAINPROPERTYTHEREINFRCM A-I (AGRICULTURALDISTRICT)TO R-3 (MULTI-FAMILYRESIDENTIALDISTRICT);ANDAMENDING THE OFFICIAL ZONINGMAP TO SHOWRE-ZONING"upon its final passage and adoption. The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain. Nays:none.Motion carried 5 to O.Whereupon,the Mayor declared Ordinance #2175 duly adopted and passed. Ordinance Rezoning A-I to R-2.Moved by Councilman Duroy,seconded by Councilman Gruber,to have Ordinance NO.2177 "AN ORDINANCETO AMENDCHAPIER301,WAUKEE MUNICIPALCODE,ZONINGORDINANCEOF THE CITY OF WAUKEE,IOWA,BY RE-ZONINGAND CHANGIN3CERTAINPROPERTYTHEREINFRCMA-I (AGRICULTURALDISTRICT)TO R-2 (ONE ANDTWO FAMILYRESIDENTIAL);ANDAMENDINGTHE OFFICIAL ZONINGMAPTO SHOWRE-ZONING"be read by the City Clerk for the third time.The Mayor called for a roll call vote:Ayes: Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O.Brian read the following ordinance: ORDINANCENO.2177 AN ORDINANCETO AMENDOJAPTER301,WAUKEEMUNICIPALCODE,ZONIN3 ORDINANCEOF THE CITY OF WAUKEE,IOWA,BY RE-ZONIN3 ANDCHANGING CERTAINPROPERTYTHEREINFRCMA-I (AGRICULTURALDISTRICT)TO R-2 (ONE ANDTWOFAMILYRESIDENTIAL);ANDAMENDIN3THE OFFICIAL ZONINGMAPTO SHOWRE-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-2 (One and Two Family Residential),and that the Official Zoning Map be made to reflect such amendment: The Northwest Quarter (!WI 1/4)of the Northwest Quarter (!WI 1/4)and the Southwest Quarter (SW 1/4)of the Northwest Quarter (NW 1/4)and the Northwest Quarter (!WI 1/4)of the Southwest Quarter (SW 1/4)lying North of the Railroad, 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 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 ordinances in conflict with provisions of this ordinance are hereby repealed. Section 3.severability 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 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 4th day of April, 1994,and approved this 4th day of April,1994. ATTEST:Chet Chedester,Mayor Brian J.Redshaw,Ci t::"y'---'C:::l:.:e::r::k::..--_ -:.'I.--101 -l! Moved by Councilman Bailey,seconded by Colmcilwoman Lihs,to put Ordinance #2177 entitled "AN ORDINANCETO AMENDCHAPIER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCE OF THE CITY OF WAUKEE,ICWA,BY RE-ZONINGANDCHANGINGCERTAINPROPERTYTHEREINFRG1 A-I (AGRICULWRALDISTRICT)TO R-2 (ONE ANDTWOFAMILYRESIDENTIAL);ANDAMENDINGTHE OFFICIAL ZONINGMAPTO SHCWRE-ZONING"upon its final passage and adoption.The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays: none.Motion carried 5 to o.Whereupon,the Mayor declared Ordinance #2177 duly adopted and passed. OLdinance Rezoning A-I to R-3 and OLdinance ReZOning A-I to C-l.The Mayor read his reasons for vetoing the rezoning of A-I to R-3 and the rezoning of A-I to C-l after the second readings of each at the March 21,1994 Council meeting as:regarding the A- I to R-3 rezoning -questions concerning the utilities and highways that have not been answered;regarding the A-I To C-1 rezoning -questions concerning the utilities and highways that have not been answered. Mayor Chedester withdrew his veto of the Ordinance Rezoning A-I to R-3.Developers Mike Myers and Rick Ross withdrew their petition for rezoning A-I to R-3. Mayor Chedester withdrew his veto of the Ordinance Rezoning A-I to C-1.Developers Mike Myers and Rick Ross withdrew their petition for rezoning of A-I to C-1. Moved by Councilman Gruber,seconded by Councilman Bailey,to acknowledge the removal of the two i terns from consideration.The Mayor called for a roll call vote:Ayes: Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion carriedd 5 to O. Deb Dessert -State Auditor's Office.Deborah L.Dessert,CPA,from the Iowa State Auditor's Office,Technical Services,explained that they did not perform an actual audit,but rather reviewed office procedures and reviewed cash flow. The first report reviewed was the forcasted Schedule of Cash Flows for the period of March 1,1994 to June 30,1994 reported by the funds that the City operates.The report is based on projected cash revenues and expeditures from both City staff expectations and historical experience. The second report reviewed was the review of internal control,accounting procedures and EDP reports and recommendations for improvements.The Auditor's Office examined segregation of duties,accounting policies and procedure manual,petty cash,fixed assets,receipts,disbursements and payroll,capital project funds,revenue bonds/notes,accounting system,computer system and computer reports and data processing as currently operating and offered recommendations for improvements. Moved by Councilman Gruber,seconded by Councilman Duray,to receive the reports from the Office of Auditor of State.The Mayor called for a roll call vote:Ayes:Bailey, Duroy,Gruber,Lihs and Strain.Nays:none.Motion ca=ied 5 to o. FY93-94 Financial Audit.The Office of Auditor of the State of Iowa was asked for a proposal to do the FY93-94 Financial Audit and in fUlfilling this request submitted a bid proposal of $14,000.00 to $16,000.00 to complete a first year audit.The City will prepare specifications for an audit and request b i.ds from a number of auditing firms and the State for the FY93-94 audit. OLdinance Rezoning A-I To R-l And Fran R-l To R-5.Motion by Councilman Bailey, seconded by Councilman Gruber,to have "AN ORDINANCETO AMENDCHAPTER031,WAUKEE MUNICIPALCODE,ZONINGORDINANCEOF THE CITY OF WAUKEE,ICWA,BY RE-ZONINGAND CHANGINGCERTAINPROPERTYTHEREIN FRCMA-I (AGRICULWRALDISTRICT)TO R-l (SINGLE- FAMILYRESIDENTIALDISTRICT);AND FRCMR-l (SINGLE-FAMILYRESIDENTIALDISTRICT)TO R-5 (PLANNEDUNIT DEVELO:EMENTDISTRICT);ANDAMENDINGTHE OFFICIAL ZONINGMAPTO SHCWRE- ZONING"be read by the City Clerk for the second time.The Mayor called for a roll call vote:Ayes:Bailey,Duray and Gruber.Nays:Lihs and Strain.Motion carr ied 3 to 2.Brian read the following ordinance: AN ORDINANCETO AMENDCHAPlER 301,WAUKEEMUNICIPALCODE,ZONING ORDINANCEOF THE CITY OF WAUKEE,ICWA,BY RE-ZONINGANDCHANGINGCERTAIN PROPERTYTHEREINFRCMA-I (AGRICULWRALDISTRICT)TO R-l (SINGLE-FAMILY RESIDENTIALDISTRICT)TO R-5 (PLANNEDUNIT DEVELO:EMENTDISTRICT);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 (AGRICULWRAL DISTRICT),TO R-l (SINGLE-FAMILYRESIDENTIALDISTRICT);AND FRG1 R-l (SINGLE-FAMILYRESIDENTIALDISTRICT)TO R-5 (PLANNEDUNIT DEVELOPMENT 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 1/4 of Section 35,Township 79 North,Range 26 West of the Fifth P.M.,Dallas County,Iowa,more partiCUlarly described as follows: j ij I II " -102 - YThe 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 described parcel: An irregularly shaped portion of the SE 1/4 of Section 35,Township 79 North,Range 26 West of the 5th P.M.,Waukee,Dallas County,Iowa, described 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 NOOOO'OO"E,a distance of 325.00 feet;thence N59 OO'OO"E,a 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 500 OO'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.severability Clause.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.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. Chet Chedester Chet Chedester,Mayor ATTEST: Brian J.Redshaw Brian J.Redshaw,City Clerk I'r! tf The third reading of this ordinance amendment will be held over until the May 2nd Council meeting. Fire Chief Cbnfirmation.Moved by Councilman Bailey,seconded by Councilwoman Lihs, pursuant to Waukee Municipal Code Section 205.5 to approve the volunteer fire department election of Don Henson as Fire Chief.The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O. Windsor West Rezoning Date.Moved by Councilman Duroy,seconded by Councilman Gruber, to set May 2,1994 at 7:00 P.M.at City Hall for a hearing to consider amending Waukee Municipal Code Section 301 to allow the Windsor West rezoning.The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Lihs and Strain.Nays:none.Motion carried 5 to O. A-I Height OJ:dinance.Councilman Duroy introduced Ordinance #2178 "AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONIlIGORDINANCEOF THE CITY OF WAUKEE, IONA,BY AMENDINGMAXIMUMHEIGHTLIMITATIONSOF ACCESSORYBUILDIlIGSIN A-I (AGRICULTURALDISTRICT)IN TRACTSOF 10 ACRESOR MOREFRCM14 FEET TO 30 FEET,AND FRCM14 FEET TO 20 FEET IN TRACTSOF LESS THAN10 ACRES". Moved by Councilman Bailey,seconded by Councilwoman Lihs,to have the ordinance read by the City Clerk.The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber Lihs and Strain.Nays:none.Motion cerrued 5 to O.Brian read the following ordinance: ORDINANCENO.2178 AN ORDINANCETO AMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCEOF THE CITY OF WAUKEE,IONA,BY AMENDINGMAXIMUMHEIGHTLIMITATIONSOF ACCESSORYBUILDIlIGSIN A-I (AGRICULTURALDISTRICT)IN TRACTSOF 10 ACRESOR MOREFRCM14 FEET TO 30 FEET,AND FRCM14 FEET TO 20 FEET IN TRACTSOF LESS THAN10 ACRES. BE IT ORDAINEDby the Council of the City of Waukee: Section 1.Section 301.9 c (7)of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City,is hereby amended by deleting said subparagraph,and inserting in lieu thereof the following:L_ -103 - (7)MaximumHeight:Principal Building -40 ft.Accessory Building -20 ft.in lots of less than 10 acres;and 30 ft.in lots of 10 acres or more;except that radio communication towers constructed incompliance with §221.1 of the WaukeeMunicipal Code may not exceed 45 feet in height. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.severability Clause.If any section,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,provisions,or part thereof not adjudged invalid or unconstitutional. Section 4.Effective Date.'!his 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 4th day of April,1994, and approved this 4th day of April,1994. Chet Chedester ATTEST:Chet Chedester,Mayor Brian J.Redshaw Brian J.Redshaw,City Clerk Movedby Councilman Duray,seconded by Councilman Bailey,to dispense with the rule requiring consideration at two previous meetings prior to the meeting of final action. The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain. Nays:none.Motion ca=ied 5 to O. Movedby Councilman Strain,seconded by Councilman Gruber,to put the Ordinance #2178 entitled "ANORDINANCETOAMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCE OF THECITYOF WAUKEE,ICWA,BYAMENDINGMAXIMUMHEIGHTLIMITATIONSOF ACCESSORY BUILDINGSIN A-I (AGRICULTURALDISTRICT)IN TRACTSOF 10 ACRESORMOREFRCM14 FEETTO 30 FEET,ANDFRCM14 FEETTO20 FEETIN TRACTSOF LESSTHAN10 ACRES"upon its final passage and adoption.The Mayor called for a roll call vote:Ayes:Bailey,Duroy, Gruber,Lihs and Strain.Nays:none.Motion carr i.ed 5 to O.Whereupon,the Mayor declared Ordinance #2178 duly adopted and passed. City Hall Cleaning Bids.Bids were received from Ron Hartman,Merritt Companyand Dry Kare.After considering the bids,movedby CouncilmanBailey,seconded by CouncilwomanLihs,to accept the bid from Ron Hartman.'!he Mayor called for a roll call vote:Ayes:Bailey,Gruber and Lihs.Nays:Duroy and Strain.Motion ca=ied 3 to 2. - Motion by CouncilwomanLihs,seconded by Councilman Bailey,to spec all jobs and to advertise bidding for all future contracts and purchases.After additional discussion,CouncilwomanLihs withdrew her motion and Councilman Bailey withdrew hissecond. M:>bileHaIle Tie-D:>wns.'!he Uniform Building Code requires inspection of the piers on new mobile home installations.Cu=ently the City is inspecting storage sheds and deck construction only in the mobile home court,not inspecting for installation of tie downs.Movedby Councilman Duroy,seconded by CouncilwomanLihs,to instruct the Building Inspectors to begin inspections on new installations of mobile homes for tie- downs and piers.The Mayor called for a rOll call vote:Ayes:Bailey,Duroy,Gruber, Lihs and Strain.Nays:none.Motion ca=ied 5 to O. Utility Hookup Fees.Item placed on the agenda in error. O1urches In C-l Zones.Under curr-ent zoning ordinance,churches are not allowed in C- 1 and C-2 Districts.Movedby Councilman Bailey,seconded by Councilman Gruber,to direct the City Attorney to amend the zoning ordinance to permit churches within C-l and C-2 districts.The Mayor called for a roll call vote:Ayes:Bailey,Duroy, Gruber,Lihs and Strain.Nays:none.Motion ca=ied 5 to O. Public Safety O:xnni.ttee.Printed report received from the Police Department. Mayor's Report.The Mayor reported:the census is done and preliminary population total is 3,385;letters were received from students from the Middle School and are available for Council membersto reviewp;there will be a 10K run April 23 sponsored by the Lion's Association;the City mailed letters to all residents asking for their input on the Highway6 widening project;on April 13 the State City Developnent Board will hold a public hearing at the High School on the voluntary annexation petitions. Mministrator's Report.Brian reported that City staff is spending considerable time cleaning a street of soil erosion from alot in Southfork.This matter was referred to Councilman Lihs,Southfork Committeerepresentative,for further action. Street Maintenance Problems.CouncilmanDuroy reported on a number of street problem areas:the railroad crossing on University;there are about 6 spots along 4th Street -104 - where the curb is cracked and water is puddling and 1 spct on WaukeeAvenuewhere the same thing is happening,all in Westfield addition;CouncilmanDuroy feels that street construction ordinances need to be reviewed;$3,000 additional repair work has been authorized on Ashworth in front of Spry's to make the proper repairs;Midwest Power has been contacted about the power line hanging between light poles on Bel-Aire and have not been out to fix it yet;and the Maintenance Dept has been working on the Little League ballfields. Fire Truck Payrrent.Movedby CouncilmanBailey,seconded by CouncilmanStrain,to approve payment to Toyne's Iowa Fire Truck Service of $108,367.00 for the new fire truck.The Mayor called for a roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O. Matters Regarding Annexation Pending Before The City Developrent Board.Movedby CouncilmanBailey,seconded by CouncilwomanLihs,to direct the City Engineer and the City Clerk to prepare the necessary presentations for the City DevelopmentBoard hearing on April 13 at the High School.The Mayorca.lled for a roll call vote:Ayes: Bailey,Duray,Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O. Adjournment.Movedby CouncilmanBailey,seconded by CouncilwomanLihs,to adjourn. Motion carried 5 to O.Meeting adjourned at 10:20 P.M. ATTEST: The Aprr 18,1994 WaukeeCity Council Regular Meeting was called to order at 7:04 P.M.by MayorChet Chedester with Bob Barrett taking minutes. Roll was taken and the following Council memberswere present:DonBailey,Jr.,Frank Duroy,Nick Gruber,Monica Lihs and Terry Strain. Staff and guests in attendance:Brian Redshaw,Linda Mack,Jim De Witt,Jr.,Paul E. Huscher,John Wesselmann,Bill Forbes,John Kursitis,Rick Ross,Oscar Stokka,Jeff Downing,Marlys Thompson,Bob Hoffman,Bob Trissel,Lewis Baer,Ben Phillips,Becci McGowen,TomTovrea,Bob Underberg,Liz Garst,DonHenson,Chris Bourne,Barb Johnston,Jay Hoskinson,Lyn Shafer,Joanna Werch,and others. Agenda lIdditions.Barb Johnston Class B Beer Permit for B &C Pizza Company(6D); Jeff Downingconcept plan (6C);City Hall water fountain (23A);franchise trash pickup (228);Westfield and Windfield street repairs update (20A).Movedby Councilman Gruber to add the listed items to the agenda,seconded by CouncilwomanLihs.The Mayorasked for a roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays: none.Motion ca=ied 5 to O. AppDaval of 02/07,02/21,03/05 and 04/02 Minutes.Movedby CouncilmanStrain, seconded by CouncilmanDuroy,to approve minutes as presented.The Mayor asked for a ro.l.Lcall vote:Ayes:Bailey,Duray,Gruber,Lihs and Strain.Nays:None.Motion ca=ied 5 to O. ~Forun.Nothing. Guests: Linda Mack -FY93-94Budget 1Imendment.Linda asked for a FY93-94Budget Amendmentfor $4,658.27 to reflect bills paid in July 1993 that were anticipated to be adjusted by the auditors but were not.Movedby CouncilmanBailey,seconded by CouncilmanStrain, to set May16,1994 at 7:00 P.M.at City Hall as the time and place for a FY93-94 Budget Amendmenthearing.The Mayor asked for a roll call vote:Ayes:Bailey,Duroy, Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O. Lewis Baer -Highway6.Lewis Baer spoke to the Council of the devastating impact the present plans for the widening of Highway6 would have on his business.Movedby CouncilwomanLihs,seconded by CouncilmanBailey,to receive and file citizen's letters received expressing concerns about the widening project and to convey these concerns to I DOT.The Mayorasked for a roll call vote:Ayes:Bailey,Duroy,Gruber, Lihs and Strain.Nays:none.Motion carried 5 to O. Jeff Downing-Ooncept Plan.Jeff Downingpresented his concept plan for developing his 160 acres East of Wa=ior Lane and North of Highway6 and asked for Council concerns and opinions on the propcsed development before he spent additional money pursuing a development plan that was not acceptable to the Council.Storm water detention and drainage,streets and paving of Wa=ior Lane were amongthe areas discussed. B &C Pizza Inc Class B Beer Permit.Motion by CouncilmanDuroy,seconded by CouncilwomanLihs,to approve the Class B Beer permit application from B&CPizza CompanyInc.The Mayorasked for a roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O.