HomeMy WebLinkAbout1994-10-03-Regular Minutes-69 -
THE OCTOBER 3,1994 WAUKEE CITY COUNCIL REGULAR MEETING WAS CALLED TO ORDER AT 7:15PM.
AT CITY HALL BY MAYOR CHET CHEDESTER WITH TONI LESTINA TAKING MINUTES.
A ROLL CALL VOTE WAS TAKEN AND THE FOLLOWING NAMED CITY COUNCIL MEMBERS WERE PRESENT:
DON BAILEY,JR.,FRANK DUROY,NICK GRUBER,MONICA LIHS AND TERRY STRAIN.
AGENDA ADDITIONS.
No ADDITIONS NOTED.
OPEN FORUM.
DAVE BARNES -IB55 3RD STREET.MR.BARNES WOULD LIKE TO MAKE A REQUEST TO SAVE THE
TREES ALONG THE EXTENSION OF THIRD STREET.THIS IS IN THE WINDSOR WEST DEVELOPMENT.
THE TREES ARE LOCATED IN THE AREA OF THE OLD HOUSE (CORENE GRAY HOUSE).THIS ITEM WILL
BE PUT ON THE OCTOBER 17TH CITY COUNCIL AGENDA.IT WAS SUGGESTED THAT EACH COUNCIL
MEMBER INDEPENDENTLY GO TO THE AREA AND BRING BACK THEIR IDEAS.
GUESTS:
Al JAMES
COUNCIL.
CONLIN -TRAILER PARK.MR.CONLIN GAVE A COMPACTION TEST REPORT TO THE
THERE WAS A BRIEF QUESTION AND ANSWER SESSION.
MOTION BY COUNCILMAN STRAIN,TO RECEIVE AND FILE THIS COMPACTION REPORT.
CONSENT AGENDA.
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO APPROVE THE FOLLOWING
CONSENT AGENDA ITEMS:(Al 9/12 l·jINUTES;(B)BILL PRESENTATION;AND (Cl TRANSCRIBER
PURCHASE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY,GRUBER,LIHS,STRAIN AND
BAILEY.NAYS:NONE.MOTION CARRIED 5 TO 0.
THE MAYOR WOULD LIKE TO VETO ITEMS (Al AND (Cl.
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER TO OVERRIDE THE VETO.
THE MAYOR WOULD LIKE TO WITHDRAW HIS VETO.
BILL PRESENTATION.
VENDOR PURPOSE
AT &T
ARATEX SERVICES,INC.
ATLANTIC BOTTLING CO.
BANKERS TRUST COMPANY
CENTRAL IOWA LANDSCAPING
CLASSIC FLORAL &GIFTS
COpy SYSTEM,INC
DES MOINES REGISTER
DES MOINES WATER WORKS
ELECTRONIC ENGINEERING Co
GAS PRODUCTS SALES
GRUBER,MARK L.
HARTMAN,RON
HUSCHER,PAUL E.
IA MUNICIPALITIES WORKERS
IA CONCRETE PRODUCTS Co
MID\IEST POWER
JERICO SERVICES,INC.
LONG DISTANCE SERVICE
MAT CLEANING
VENDING MACHINE SUPPLIES
MONTHLY P &I DEPOSIT
SOD
SYMPATHY FLOWERS
MONTHLY COPIER MAINT
13 WK SUBSCRIPTION
USAGE
MONTHLY SERVICE
HANDYCAP PROTECTION
9/94 BUILDING PERMITS
9/94 CITY HALL CLEANING
10/94 RETAINER
INSTALLMENT
CONCRETE
MONTHLY SERVICE
AMOUNT
$53.01
40.09
55.50
37,867.00
30.00
30.00
40.47
44.20
9,622.98
29.50
89.80
234.50
400.00
500.00
1,429.00
301.92
392.50
-70 -
LIQ CAL CHLORID
JIM'S JOHNS
MADISON NATIONAL LIFE
MUNICIPAL SUPPLY
QUALITY FORD OF W.D.M.
SUPERIOR SIGNALS,INC.
THE BUILDING INSPECTORS
US WEST CELLULAR
VEENSTRA &KIMM,INC.
WASTE MANAGEMENT OF IOWA
WAUKEE MINI STORAGE
WAUKEE MUNICIPAL GAS
TOTAL
1,017.50
To ILET RENTAL
10/94 PREMIUM
SUPPLIES
~lISC.REPAI RS
PARTS
9/94 BUILDING PERMITS
MONTHLY SERVICE
SERVICES
MONTHLY SERVICE
10/94 STORAGE RENTAL
GAS SERVICE
40.00
202.08
389.25
720.05
689.35
1,336.00
30.50
7,952.01
358.47
45.00
33.87
$63,974.55
SELECTION COMMITTEE.THE MAYOR OPENED THIS ITEM UP FOR DISCUSSION.COUNCILMAN LIHS
ASKED FOR VERONICA STOKKER TO BE ON THE SELECTION COMMITTEE.COUNCILMAN DUROY ASKED FOR
MARGARET STONE TO BE ON THE SELECTION COMMITTEE.COUNCILMAN STRAIN ASKED FOR BOB MYER
TO BE ON THE SELECTION COMMITTEE.COUNCILMAN BAILEY SELECTED RAY CLARK AND COUNCILMAN
GRUBER WILL HAVE AN APPOINTMENT BY THE OCTOBER 17TH MEETING.
THERE WAS A BRIEF DISCUSSION REGARDING THE SETTING OF GUIDELINES FOR THIS JOB.
COUNCILMAN STRAIN ASKED THE COUNCIL FOR ITS BLESSING TO PLACE A AD IN ANY PAPER
POSSIBLE.
MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILWOMAN LIHS,TO PLACE ADS IN VARiOUS
PAPERS AS NECESSARY.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:GRUBER,LIHS,BAILEY,
DUROY AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0.
HIRING REPLACEMENT FOR JAMES ASH.POLICE CHIEF PHILLIPS PRESENTED THE COUNCIL WITH A
REQUEST TO FILL THIS OPENING IN THE POLICE DEPARTMENT.COUNCILMAN STRAIN REQUESTED THIS
POSITION BE ADVERTISED AND POSTED BEFORE HIRING.By LAW IT IS NOT REQUIRED TO BE
ADVERTISED AND POSTED IF THERE IS A PART-TIME EMPLOYEE QUALIFIED AND INTERESTED.
MOTION BY COUNCILMAN STRAIN,SECONDED BY COUNCILWOMAN LIHS,TO ADVERTISE
POSITION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:STRAIN AND LIHS.
BAILEY AND GRUBER.MOTION FAILED 2 TO 3.
AND POST THIS
NAYS:DUROY,
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO HIRE KEN HOPPER TO BE A
FULL TIME POLICE OFFICER WITH A STARTING SALARY OF $18,000 PER YEAR WITH A ONE YEAR
PROBATION.PROVIDING THAT HE PASSES A MEDICAL EXAM AND HAS GOOD PUBLIC RELATIONS AND
WORKS WITH OUR YOUNG PEOPLE WELL.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,
DUROY AND GRUBER.NAYS:LIHS AND STRAIN.MOTION CARRIED 3 TO 2.
BUILDING INSPECTOR POSITION REVIEW.COUNCILMAN STRAIN HAS CONTACTED THE STATE
DEPARTMENT OF SAFETY.THEY INFORMED COUNCILMAN STRAIN REGARDING THE QUALIFICATIONS SET
FOR A BUILDING INSPECTORS.IT MIGHT BE WISE FOR THE CITY OF WAUKEE TO ADVERTISE SO WHEN
IT IS TIME TO SET A BUDGET WE CAN WORK THIS INTO OUR BUDGET.THE STATE OF IOWA DOES NOT
HAVE A LICENSING CODE OR CERTIFICATE REQUIRED.THE CITY MUNICIPALITIES WILL REQUIRE A
BLOCK TEST.THERE IS A CERTIFICATE CALL A PLANNER REVIEW AND BUILDING INSPECTOR.
ONE CONCERN IF WE GO THE ROUTE OF HIRING A BUILDING INSPECTOR AS A CITY EMPLOYEE IS THAT
EVERYONE IS TREATED THE SAME.THE BUILDING INSPECTORS WILL NEED TO VERY STRICT WITH THE
REGULATIONS.
-71 -
FY93-94 DOT FINANCIAL REPORT.THE COUNCIL RECEIVED A FINANCIAL REPORT.MOTION BY
COUNCILMAN BAILEY,SECONDED BY COUNCILMAN GRUBER TO APPROVE THE FY93-94 DOT FINANCIAL
REPORT.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYEs:BAILEY,GRUBER,STRAIN,LIHS AND
DUROY.NAYS:NONE.MOTION CARR IED 5 TO 0.RESOLUT ION #312.
PUBLIC SAFETY -GRUBER.No MEETING REPORT.
COUNCILMAN GRUBER SPOKE TO THE COUNCIL REGARDING THE TEMPORARY NO PARKING ON NORTHVIEW
BETWEEN FIRST STREET AND WARRIOR LANE DURING THE HOURS OF 6:00AM.TO 9:00AM.AND 3:00PM.
TO 6:00PM.MONDAY THRU FRIDAY.POLICE CHIEF PHILLIPS DISCUSSED THIS MATTER WITH THE
COUNCIL.
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO HAVE OUR VEENSTRA &KIMM
LOOK INTO THE SITUATION AT THE INTERSECTION OF 1ST STREET AND NORTHVIEW DRIVE AS SOON AS
POSSIBLE.THE MAYOR ASKED FOR A ROLL CALL VOTE:BAILEY,DUROY,LIHS,STRAIN AND GRUBER.
NAYS:NONE.fl0TION CARRIED 5 TO 0.
SCHOOL ONE-WAY.POLICE CHIEF PHILLIPS UPDATED THE COUNCIL ON THE ONE-WAY STREET
SITUATION.OVERALL,THE TRAFFIC IS RUNNING SMOOTHLY.THERE HAVE BEEN A FEW REBELS OUT
THERE.THE POLICE DEPARTMENT HAVE BEEN ISSURING CITATIONS TO VIOLATORS.
LIBERTY PARK TOWNSHOUSES PLAT I.JOHN KURSITUS SPOKE TO THE COUNCIL RECOMMENDING
APPROVAL OF PLAT I WITH THE CONDITION OF RAISING THE AMOUNT OF BOND.
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILWOMAN LIHS TO APPROVE RESOLUTION #313
SUBJECT TO PAUL'S APPROVAL AFTER LOOKING OVER THE COVENANCE.THE MAYOR ASKED FOR A ROLL
CALL VOTE:AYEs:BAILEY,LIHS,GRUBER,DUROY AND STRAIN.NAYS:NONE.r10TION CARRIED 5
TO 0 ..
DOWNING REZONING HEARING -1ST READING.JEFF DOWNING SPOKE TO THE COUNCIL REQUESTING
REZONING FROM A-1 (AGRICULTURAL DISTRICT)TO M-1 (LIGHT INDUSTRIAL DISTRICT);A-1
(AGRICULTURAL DISTRICT)TO C-1 (COMMUNITY COMMERCIAL DISTRICT);AND A-1 (AGRICULTURAL
DISTRICT)TO R-2 (ONE AND Two FAMILY RESIDENTIAL DISTRICT).
MOTION BY COUNCILMAN DUROY,TO INTRODUCE THE ORDINANCE "AN ORDINANCE TO AMEND CHAPTER
301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING
AND CHANGING CERTAIN PROPERTY THEREIN FROM A-1 (AGRICULTURAL DISTRICT)TO M-1 (LIGHT
INDUSTRIAL DISTRICT)AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING.
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILWOMAN LIHS,TO HAVE THE SAID ORDINANCE
READ BY THE CITY CLERK FOR THE FIRST TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:
BAILEY,LIHS,DUROY,STRAIN AND GRUBER.NAYS:NONE.BRIAN READ THE FOLLOWING
ORDINANCE:
AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE
CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-1
(AGRICULTURAL DISTRICT)TO M-1 (LIGHT INDUSTRIAL DISTRICT)AND AMENDING THE OFFICIAL
ZONING MAP TO SHOW 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 M-1 (LIGHT
INDUSTRIAL DISTRICT),AND THAT THE OFFICIAL ZONING MAP BE MADE TO REFLECT SUCH
AMENDMENT:
-72 -
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 27,
TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL
MERIDIAN,CITY OF WAUKEE,DALLAS COUNTY,IOWA.ITHENCENORTH00DEGREES27'(MINUTES)01"(SECONDS)
EAST A DISTANCE OF 539.02 FEET ON THE WEST LINE OF THE
SOUTHWEST QUARTER OF 27-79-26,TO THE POINT OF BEGINNING;
THENCE NORTH 00 DEGREE 27'01"EAST A DISTANCE OF 733.54 FEET ON
THE WEST LINE OF SAID SOUTHWEST QUARTER,THENCE NORTH
90 DEGREE00'00"EAST A DISTANCE OF 639.87 FEET;THENCE SOUTH
00 DEGREE 00'00"WEST A DISTANCE OF 100.00 FEET;THENCE NORTH
90 DEGREE 00'00"EAST A DISTANCE OF 5.16 FEET;THENCE SOUTH
00 DEGREE 00'00"WEST A DISTANCE OF 633.52 FEET;THENCE SOUTH
90 DEGREE 00'00"WEST A DISTANCE OF 90.78 FEET;THENCE SOUTH
00 DEGREE 00'00"WEST A DISTANCE OF 539.00 TO THE SOUTH LINE OF
SAID SOUTHWEST QUARTER;THENCE NORTH 90 DEGREE 00'00"WEST A
DISTANCE OF 264.25 FEET ON THE SOUTH LINE OF SAID
SOUTHWEST QUARTER;THENCE NORTH 00 DEGREE 27'01"EAST A DISTANCE
OF 539.02 FEET;THENCE SOUTH 90 DEGREE 00'00"WEST A DISTANCE
OF 300.00 FEET;TO THE POINT OF BEGINNING,CONTAINING
14.14 ACRES 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.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.I
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
________________,1994,AND APPROVED THIS DAY OF
DAY OF
______,1994.
ATTESTED,CLAIRE L.CHEDESTER,MAYOR
BRIAN J.REDSHAW,CITY CLERK
MOTION BY COUNCILMAN DUROY,TO INTRODUCE "AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE
MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING
CERTAIN PROPERTY THEREIN FROM A-1 (AGRICULTURAL DISTRICT)TO C-1 (COMMUNITY COMMERCIAL
DISTRICT)AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING.
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN STRAIN,TO HAVE SAID ORDINANCE READ I
BY THE CITY CLERK FOR THE FIRST TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES,
BAILEY,STRAIN,DUROY,GRUBER AND LIHS.NAYS:NONE.BRIAN READ THE FOLLOWING ORDINANCE
FOR THE 1ST TIME.
I
-73 -
AN ORDINANCE TO AMEND 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-l (COMMUNITY COMMERCIAL DISTRICT)AND AMENDING THE OFFICIAL
ZONING MAP TO SHOW 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-I (AGRICULTURAL DISTRICT)TO C-l (COMMUNITY
COMMERCIAL DISTRICT),AND THAT THE OFFICIAL ZONING MAP BE MADE TO REFLECT SUCH
AMENDMENT:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 27,TOWNSHIP
79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
CITY OF VIAUKEE,DALLAS COUNTY,IOWA.
THENCE NORTH 00 DEGREE (DEGREES)27'(MINUTES)01"(SECONDS)
EAST A DISTANCE OF 539.02 FEET ON THE WEST LINE OF THE
SOUTHWEST QUARTER OF 27-79-26,THENCE NORTH 90 DEGREES 00'00"
EAST A DISTANCE OF 300.00 FEET;THENCE SOUTH 00 DEGREES 27'01"
WEST A DISTANCE OF 539.02 FEET TO THE SOUTH LINE OF THE
SAID SOUTHWEST QUARTER;THENCE SOUTH 90 DEGREES 00'00"WEST A
DISTANCE OF 300.00 FEET ON THE SOUTH LINE OF SAID
SOUTHWEST QUARTER TO THE POINT OF BEGINNING,CONTAINING
3.71 ACRES 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.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.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
1994,AND APPROVED THIS DAy OF ,1994.
ATTESTED:CLAIRE L.CHEDESTER
MAY 0 R
BRIAN J.REDSHAW,CITY CLERK
MOTION BY COUNCILMAN DUROY,TO INTRODUCE "AN ORDINANCE TO AMEND 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 D1STRICT)TO R-2 (ONE AND TWO FAMILY
RESIDENTIAL DISTRICT)AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING.
MOTION BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN GRUBER,TO
READ BY THE CITY CLERK.THE MAYOR ASKED FOR A ROLL CALL VOTE:
STRAIN,DUROY AND BAILEY.NAYS:NONE.MOTION CARRIED 5 TO 0.
ORDINANCE:
HAVE THE SAID ORDINANCE
AYES:LIHS,GRUBER,
BRIAN READ THE FOLLOWING
-74 -
AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE
CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-1 I
(AGRICULTURAL DISTRICT)TO R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT)AND AMENDING
THE OFFICIAL ZONING MAP TO SHOW 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 R-2 (ONE AND Two
FAMILY RESIDENTIAL DISTRICT),AND THAT THE OFFICIAL ZONING MAP BE MADE TO REFLECT SUCH
AMENDMENT:
COMMENCING AT THE SOTUHWEST CORNER OF SECTION 27,
TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL
MERIDIAN,CITY OF WAUKEE,DALLAS COUNTY,IOWA,
THENCE NORTH 00 DEGREES (DEGREES)27'(MINUTES)01"(SECONDS)
EAST A DISTANCE OF 1,272.56 FEET ON THE WEST LINE OF THE
SOUTHWEST QUARTER OF 27-79-26,TO THE POINT OF BEGINNING,
THENCE NORTH 00 DEGREES 27'01"EAST A DISTANCE OF 514.02 FEET ON
THE WEST LINE OF THE SAID SOUTHWEST QUARTER,THENCE NORTH
90 DEGREES 00'00"EAST A DISTANCE OF 631.66 FEET;THENCE SOUTH
00 DEGREES 00'00"EAST A DISTANCE OF 404.00 FEET;THENCE SOUTH
90 DEGREES 00'00"EAST A DISTANCE OF 4.17 FEET;THENCE SOUTH
00 DEGREES 00'00"EAST A DISTANCE OF 110.00 FEET;THENCE SOUTH
90 DEGREES 00'00"WEST A DISTANCE OF 639.87 FEET TO THE POINT OF
BEGINNING,CONTAINING 7.49 ACRES,t10RE OR LESS.1
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.
PASSED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA,THIS DAy OF
__________,1994,AND APPROVE THIS DAy OF ,1994.
ATTESTED:CLAI RE L.CHEDESTER
MAY 0 R
BRIAN J.REDSHAW,CITY CLERK
PROPOSAL ON COUNTY SHED.THE COUNCIL AND MAYOR DISCUSSED THE LETTER RECEIVED FROM
DALLAS COUNTY REGARDING THE COUNTY SHED.AFTER SEVERAL DIFFERENT INTERPRETATIONS A I
MOTION WAS MADE BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN STRAIN,TO HAVE PAUL
HUSCHER,CITY ATTORNEY,CONTACT THE COUNTY TO CLARIFY THE EXACT PROPOSAL.THE MAYOR
ASKED FOR A ROLL CALL VOTE:AYES:DUROY,STRAIN,LIHS,BAILEY AND GRUBER.NAYS:NONE.
MOTION CARRIED 5 TO 0.
-75 -
5TH STREET VACATION HEARING.THE CITY OF WAUKEE WILL DEED OVER THIS EASEMENT TO
WILLIAM Ross AND MILO ANDERSON FOR THE COST OF UPDATING THE LEGAL AND THE COST OF
FILING.THE CYSTRUN LOCATED IN THIS EASEMENT WILL BE LEFT OPEN.
MOTION BY COUNCILMAN DUROY,SECONDED COUNCILWOMAN LIHS,TO APPROVE THE VACATION OF THIS
PORTION OF 5TH STREET.THE MAYOR ASKED FOR A ROLL CALL VOTE,AYES'DUROY,LIHS,STRAIN,
BAILEY AND GRUBER.NAYS'NONE.MOTION CARRIED 5 TO 0.
A RESOLUTION VACATING A CITY STREET IN THE CITY OF ~IAUKEE,IOWA,PROVIDING FOR
CONVEYING SAID PROPERTY TO ADJOINING PROPERTY OWNERS,RETENTION OF UTILITY EASEMENTS,
AND DESIGNATION OF STRUCTURES WHICH MAY BE PLACED ON SAID PROPERTY.
WHEREAS,THE CITY OF WAUKEE,IOWA,AFTER HEARING ON PUBLIC NOTICE,HAS DETERMINED
THAT IT IS IN THE BEST INTEREST OF THE CITY OF WAUKEE THAT A STREET ON THE FOLLOWING
DESCRIBED REAL ESTATE BE VACATED'
COMMENCING AT THE SOUTHEAST CORNER OF LOTI,IN BLOCK 2
OF THE REPLAT OF THE FIRST ADDITION TO THE TOWN,NOW CITY
OF WAUKEE,DALLAS COUNTY,IOWA;THENCE NORTH ALONG THE
EAST LINE OF SAID LOT 1,142.0 FEET TO THE NORTHEAST
CORNER OF SAID LOTI;THENCE EAST ALONG THE SOUTH LINE
OF AN ALLEY 80 FEET TO THE NORTHWEST CORNER OF LOT 8,IN
BLOCK 3 OF THE REPLAT OF SAID FIRST ADDITION;THENCE
SOUTH ALONG THE WEST LINE OF SAID LOT 8,142.0 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 8,THENCE WEST 80 FEET
TO THE POINT OF BEGINNING,SUBJECT TO EASEMENTS RESERVED
BY THE CITY OF WAUKEE,1011A,THEREIN;
AND,
~IHEREAS,THE CITY OF WAUKEE,IOWA,HAS DETERMINED TO RESERVE
A UTILITY EASEMENT FOR GAS LINES,WATER LINES,SEWER LINES,
ELECTRIC LINES,TELEPHONE LINES,AND OTHER UTILITIES IN THE
FOLLOWING DESCRIBED PROPERTY'
AND,
WHEREAS,THE CITY OF WAUKEE,IOWA,HAS DETERMINED TO RESTRICT
CONSTRUCTION OF ANY STRUCTURES ON THE FIRST ABOVE-DESCRIBED PROPERTY,EXCEPT _
WHEREAS,THE CITY OF ~IAUKEE,IOWA,HAS DETERMINED,UPON
VACATION OF SAID STREET,IN CONSIDERATION OF _
TO CONVEY THE EAST ONE-HALF OF THE FIRST ABOVE-DESCRIBED REAL EASTATE TO MILO V.
ANDERSON AND FLORENCE A.ANDERSON,HUSBAND AND WIFE,AS JOINT TENANTS WITH FULL RIGHTS
OF SURVIVORSHIP,AND NOT AS TENANTS IN COMMON;AND TO CONVEY THE WEST ONE-HALF OF THE
FIRST ABOVE-DESCRIBED REAL ESTATE TO WILLIAM D.ROSS,BY QUIT CLAIM DEED,SUBJECT TO
-76 -
EASEMENT RESERVATIONS AND RESTRICTIONS HEREIN CONTAINED,AND SUBJECT TO EASEMENTS,
RESERVATIONS AND RESTRICTIONS OF RECORD;IBEITRESOLVED:
THAT A TRACT OF GROUND LEGALLY DESCRIBED AS FOLLOWS,BE CONVEYED TO WILLIAM D.
ROSS,SUBJECT TO EASEMENTS,RESERVATIONS AND RESTRICTIONS OF RECORD AS PROVIDED HEREIN:
THE WEST ONE-HALF (W1/2)OF A TRACT OF LAND DESCRIBED AS:
COMMENCING AT THE SOUTHEAST CORNER OF LOTI,IN BLOCK 2
OF THE REPLAT OF THE FIRST ADDITION TO THE TOWN,NOW CITY
OF WAUKEE,DALLAS COUNTY,IOWA;THENCE NORTH ALONG THE
EAST LINE OF SAID LOT 1,142.0 FEET TO THE NORTHEAST CORNER
OF SAID LOT 1;THENCE EAST ALONG THE SOUTH LINE OF AN ALLEY
80 FEET TO THE NORTHWEST CORNER OF LOT 8,IN BLOCK 3 OF THE
REPLAT OF SAID FIRST ADDITION;THENCE SOUTH ALONG THE WEST
LINE OF SAID LOT 8,142.0 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 8;THENCE WEST 80 FEET TO THE POINT OF BEGINNING,
SUBJECT TO EASEMENTS RESERVED BY THE CITY OF WAUKEE,IOWA,
THEREIN.
PASSED BY THE COUNCIL THIS DAy OF
THIS DAY OF ,1994.
_____________,1994,AND APPROVED
JATTESTED:
CLAI RE L.CHEDESTER
11AYOR
BRIAN J.REDSHAI/,CITY CLERK
BOOSTER SEPTIC TANK REQUEST.DELETED FROM AGENDA.
PLANNING &ZONING REPORT -DUROY.THE PLANNING &ZONING COMMISSION
DUROY HOW THE COUNCIL IS HANDLING THE ISSUE OF ANNEXATION ISLANDS.
WAITING UNTIL THEY HAVE RECEIVED AN UPDATED LIST OF THESE ISLANDS.
PRESENTED THE COUNCIL WITH A REPORT ON THE LAST MEETING.
ASKED COUNCILMAN
THE COUNCIL IS
COUNCILMAN DUROY
MAYOR CHEDESTER ASK WHY THE COUNCIL SEEMS TO BE STUCK ON THE ISSUE OF BUILDINGS IN THE
BUSINESS DISTRICT THAT HAVE A APARTMENT ABOVE.HE WOULD LIKE TO KNOW THE DIFFERENCE OF
OWNER OR RENTING THAT APARTMENT.IF THE APARTMENTS ARE OWNER OCCUPIED THERE IS LESS
CHANCE OF THE APARTMENT NOT BE MAINTAINED.
16A.REAPPOINTMENT OF JOAN HESKETT,JERRY STEELE,AND LLOYD ROYER.THE COUNCIL WOULD
LIKE THE OPENINGS TO BE PUT IN THE CITY NEWSLETTER AND ALSO TOM MCCLURE'S WEEKLY PAPER.
COUNCILMAN STRAIN WOULD LIKE TO SEE THE DIFFERENT COMMITTEES BE EXPANDED.
MOTION BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN STRAIN,TO ADVERTIZE THE PLANNING &
ZONING OPENINGS.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:LIHS,STRAIN,DUROY,
GRUBER AND BAILEY.NAYS:NONE.MOTION CARRIED 5 TO 0.IPARKSCOMMITTEE-STRAIN.COUNCILMAN STRAIN REPORTED THAT THE PARKS COMMITTEE WOULD
LIKE AT PURCHASES MORE CHRISTMAS DECORATIONS.THE PARKS COMMITTEE IS ASKING THE COUNCIL
FOR $1000 TO SPEND ON CHRISTMAS DECORATIONS.
-78 -
THE PARKS COMMITTEE IS CURRENTLY LOOKING AT PLAYGROUND EQUIPMENT TO BE PURCHASED AND
PLACED IN THE CENTENNIAL PARK.THERE HAS BEEN A CONSIDERABLE AMOUNT OF VANDALISM AT THE
CITY PARKS.THE PARKS COMMITTEE WOULD LIKE TO WORK INTO THE BUDGET TO HAVE MORE
LIGHTING PLACED IN THE CITY PARKS.
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,HAVE THE PARKS COMMITTEE
PURCHASE CHRISTMAS DECORATIONS NOT TO EXCEED $1000.THE MAYOR ASKED FOR A ROLL CALL
VOTE,AYES'DUROY,GRUBER,BAILEY,STRAIN AND LIHS.NAYS'NONE.MOTION CARRIED 5 TO
0.
LIBRARY REPORT -BAILEY.COUNCILMAN BAILEY WILL REPORT AT THE OCTOBER 17TH COUNCIL
MEETING.
PERSONNEL COMMITTEE -LIHS.MOTION BY COUNCILMAN LIHS,SECONDED BY DUROY,TO GIVE BOB
BARRETT,CITY TREASURER A 2.5%SALARY INCREASE AFFECTIVE OCTOBER 1,1994.THE MAYOR
ASKED FOR A ROLL CALL VOTE'AYES,LIHS,DUROY,BAILEY,GRUBER AND STRAIN.NAYS,NONE.
MOTION CARRIED 5 TO 0.
MAYOR'S REPORT.THE MAYOR WOULD LIKE TO THANK EVERYONE INVOLVED IN HELPING WITH THE
FALL FESTIVAL.
THE MAYOR ASKED JOHN WESSELMANN ABOUT THE CRACKS IN THE ROAD IN THE WINDFIELD
DEVELOPMENT.
MAYOR CHEDESTER EXPLAINED THE PROCEDURE OF GOING INTO "CLOSED SESSION".
THE NEXT COUNCIL MEETING WILL BE THE 17TH OF OCTOBER.BRIAN WILL NOT BE AT THE NEXT
COUNCIL MEETING.CHET EXPRESSED HIS THANKS TO BRIAN AND WISHED BRIAN AND HIS FAMILY
nLL.
THE MAYOR ALSO STATED HE WOULD BE RUNNING FOR RE-ELECTION AT THE END OF HIS TERM.
THE MAYOR ASKED BRIAN THE STEPS THAT ARE BEING TAKEN REQARDING THE STOLE FIRE DEPARTMENT
RADIO.BRIAN REPORTED THAT THERE HAS BEEN A POLICE REPORT FILED.THE RADIO HAS NOT
BEEN FOUND YET.
ADMINISTRATOR'S REPORT.BRIAN SPOKE TO THE COUNCIL REGARDING WORK BEING DONE BY THE
PHONE COMPANY IN THE EASEMENT IN MARY ANN ESTATES.BRIAN ASKED THE COUNCIL TO GIVE HIM
INSTRUCTION ON WHETHER OR NOT TO REIMBURSE BLAIR JOHNSON AND JULIE LECLERE.
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN STRAIN,TO REFUND THE MONEY FOR WATER
USED AND HAVE THE MAINTENANCE DEPARTMENT RESTORE THE EASEMENT TO THE ORIGINAL CONDITION
AND BILL THE UTILITY COMPANY RESPONSIBLE.THE MAYOR ASKED FOR A ROLL CALL VOTE,
COUNCILMAN DUROY WITHDREW HIS MOTION.
JOHN WESSELMANN IS TO CONTACT THE UTILITY COMPANY RESPONSIBLE.BRIAN TO CONTACT THE
RESIDENTS LISTED.
ADJOURNMENT.
THE MAYOR AS
ADJOURNED AT
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN LIHS,TO ADJOURN.
FOR A VOICE VOTE.MOTION CARRIED 5 TO 0,ON A VOICE VOTE.MEETING
10:15PM.~~h·
C illR L:CH£IJESTER
MAY 0 R