HomeMy WebLinkAbout1994-05-24-Special Minutes-121 -
Adjournment.Movedby CouncilrrBnGruber,seconded by CouncilmanDuroy,to adjourn.On
a voice vote the motion carxaed 5 to O.Meeting adjourned at 11:20 P.M.
ATlEST:
The May24,1994 WaukeeCity Council special meeting was Called to order at 8:50 P.M.at
the WaukeePublic Library by Mayor Chet Chedester with Brian J.Redshawtaking minutes.
Roll was taken and the following Council memberswere present:DonBailey,Jr.,Monica
Lihs and Terry Strain.CouncilmenFrank Durey and Nick Gruber were absent.
Staff and guests in attendance:Larry Hague,Joe Baughman,Bob Roland,NancyWhite,Jim
Rumelhart,Jacqueline Roland,Mrs.Joe Finn,Bob Trissel,Ken Puncerelli,Steve Grubb,Rick Ross and Paul E.Huscher.
~of 05/02/94 and 05/09/94 Minutes.Movedby CounCilwomanLihs,seconded by
CouncilrrBnStrain,to table the 05/02/94 and 05/09/94 minutes until June 6.The Mayor
asked for a roll call vote:Ayes:Bailey,Lihs and Strain.Nays:none.Absent:Duroy.
and Gruber.Motion ca=ied 3 to O.
Wildflower Valley Re-zoning Discussion.The Wildflower Valley developnent project has
been modified to have townhouses replace the proposed apartments.
1994 Fireworks P!rrchase.Movedby CouncilwomanLihs,seconded by CouncilmanBailey,to
approve the purchsse of this year's July 4th display from Night Magic,Inc.for
$3,500.00.The Mayorasked for a roll call vote:Ayes:Bailey,Lihs and Strain.Nays:
none.Absent:Duroy and Gruber.Motion ca=ied 3 to O.
Movedby CouncilrrBnLihs,seconded by CouncilrrBnStrain,to have the fireworks display
on July 4th.The Mayor asked for a roll call vote:Ayes:Bailey,Lihs and Strain.
Nays:none.Absent:Duroy and Gruber.Motion carr i.ed 3 to O.
Matters Regarding Armexation Pending Before the City Developrent Board.Uponthe
recommendationof the City Attorney,motion by CouncilwomanLihs,seconded by Councilman
Bailey,to enter into closed session purusant to Iowa Code Section 21.5(c)"To discuss
strategy with Counsel in matters that are presently in litigation or where litigation is _
imminentwhere its disclosure would be likely to prejUdice or disadvantage the position
of the governmental body in that litigation".The Mayor asked for a roll call vote:
Ayes:Bailey,Lihs and Strain.Nays:none.Absent:Duroy and Gruber.Motion carried 3
to O.The Council entered closed session at 9:00 P.M.
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Motion by CouncilmanStrain,seconded by CouncilwomanLihs,to comeout of closed
session.The Mayorasked for a roll call vote:Ayes:Bailey,Lihs and Strain.Nays:
None.Absent:Duroy and Gruber.Motion carried 3 to O.The Council left closed
session at 10:22 P.M.
Motion by CouncilmanBailey,seconded by CouncilwomanLihs,to approve the following
resolution amending the City's involuntary annexation petition:
!Resolution #306
~5D~REAS,a hearing has nowbeen held,and a decision made by the City Developnent Board
on the voluntary applications submitted to the City Developnent Board,State of Iowa,
NOsUA90-09,90-13,90-14 and 90-24;and
WHEREAS,the City Developnent Board has allowed annexations by the City of Urbandale,
since the filing of the voluntary applications and involuntary petition of Waukeein the
above matter which now create islands if some of the applications and petitions of
Waukeewere granted;and
WHEREAS,the City Developnent Board has demandedthat involuntary petitions of Clive,
Urbandale and Waukeebe revised to eliminate overlap,and the City of Waukeecan now
make such revision since the ruling of the board;and
WHEREAS,the City of Waukeebelieves that it would be in the public interest for Waukee
to amendor revise its involuntary petition to delete land which has been determined by
the board to be annexed to the City of Waukeein the City Developnent Board's "Findings
of Fact and Conclusions of Law"as described in Exhibit E thereof,and also land which
was not ordered annexed to the City of Waukeein Sections 26 and 27,Township79 North,
Range 26 West of the 5th P.M.,Dallas County,Iowa;so that overlap will be eliminated,
and no contest will remain as to proposed annexations now pending of Urbandale (which
has a moratorium agreement with Waukee)and Clive,which has an involuntary annexation
petition pending as to portions of Section 26,Township79 North,Range 26 West of the
5th P.M.,Dallas County,Iowa;
BE IT THEREFCRERESOLVEDthat involuntary petition of the City of Waukee,A 90-04,later
revised and assigned the numberA 90-04Aby the City DevelopmentBoard,be now further
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revised to delete therefrom all land in Sections 26 and 27,and the West 1/4 of Section
22,and the East 1/2 of the West 1/2 of Section 23,all in Township 79 North,Range 26
West of the 5th P.M.,Dallas County,Iowa;and to retain in said petition the East 3/4
of Section 22 and the West 1/4 of Section 23 in Township79 North,Range 26 West of the
5th P.M.,Dallas County,Iowa.
BE IT FURTHERRESOLVEDthat at least 10 days before filing an amendmentor revision of
its involuntary annexatio petition as provided in Chapter 368,Code of Iowa,the City of
Waukeemake its intention knownby sending a letter of intent by certified mail to the
Council of the City of Urbandale,Clive and West Des Moines,the planning authority of
the territory involved,each affected public utility,and each property owner listed in
the petition;and that written notificatio include notice that the City of Waukeeshall
hold a public meeting on the amendmentor revision of its petition for involuntary
annexation prior to the filing of the amendmentor revision of the petition.
BE IT FURTHERRESOLVEDthat notice of said meeting shall be published in the Dallas
County News,an official county newspaper in Dallas County which contains the terri tory,
at least 5 days before the date of the public meeting;that the meeting be conducted in
cc:mpliancewith Chapter 368,Code of Iowa,and that minutes of the meeting be forwarded
to the board of the chairperson of the meeting.
The Mayor asked for a roll call vote:Ayes:Bailey,Lihs and Strain.Nays:none.
Absent:Duray and Gruber.Motion carried 3 to O.
South Iallas County Land£ill Agency.Movedby CouncilwomanLihs,seocnded by Councilman
Bailey,to table discussion of the South Dallas County Landfill Agencyuntil the June 6,
1994 Council meeting.The Mayorasked for a roll call vote:Ayes:Bailey,Lihs and
Strain.Nays:none.Absent:Duroy and Gruber.Motion carried 3 to O.
Adjournment.Movedby CouncilwomanLihs,seconded by CouncilmanBailey,to adjourn.On
a voice vote the motion carried 3 to O.Meeting adjourned at 10:35 P.M.
~~~Chet Chedester,Mayor
ATTEST:
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