Loading...
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