HomeMy WebLinkAbout1994-10-17-Regular Minutes-79 -
THE OCTOBER 17,1994 WAUKEE CITY COUNCIL MEETING WAS CALLED TO ORDER AT 7:88PM.BY MAYOR
CHET CHEDESTER WITH TONI LESTINA TAKING MINUTES.IAROLLCALLVOTEWASTAKENANDTHEFOLLOWINGCOUNCILMEMBERSWEREPRESENT:DON BAILEY,
JR.,FRANK DUROY,NICK GRUBER,MONICA LIHS AND TERRY STRAIN.
AGENDA ADDITIONS.1)UNDER #7 SELECTION COMMITTEE ADD #7A SELECTION COMMITTEE
REQUIREMENTS.THE MAYOR ASKED FOR A VOICE VOTE.MOTION CARRIED 5 TO 8 ON A VOICE VOTE.
OPEN FORUM.
COUNCILWOMAN LIHS SPOKE REGARDING BEGGAR'S NIGHT ON OCTOBER 38 FROM 6,38PM.TO 8,88PM.
COUNCILWOMAN LIHS ASK TOM MCCLURE TO PRINT THE INFORMATION FOR BEGGAR'S NIGHT IN HIS
WEEKLY NEWSLETTER AND FOR CITY HALL TO POST THE INFORMATION AT THE POSTING PLACES.
MIKE BRELSFORD -WAUKEE AUTO WASH,HWY 6 -MR.BRELSFORD HAS INSTALLED A AUTOMATIC CAR
WASH AT HIS FACILITY.THE CITY DOES NOT HAVE ADEQUATE WATER PRESSURE FOR THE AUTOMATIC
CAR WASH TO FUNCTION PROPERLY.MR.BRELSFORD FEELS THE CITY SHOULD BE RESPONSIBLE TO
SUPPLY HIM WITH THE ADEQUATE WATER PRESSURE NEEDED FOR HIS CAR WASH.
CHRIS BOURNE -3815 WACO PLACE.
WAUKEE AND WOULD LIKE TO KNOW THE
BUSINESS.MR.BOURNE ASKED TO BE
MR.BOURNE IS IN THE
REQUIREMENTS NEEDED
PUT ON THE NOVEMBER
PROCESS OF OPENING A
TO GET A MOBILE SIGN
7TH COUNCIL MEETING.
BUSINESS IN
FOR HIS
COUNCILMAN STRAIN SPOKE REGARDING A STATEMENT THAT WAS INCORRECTLY PRINTED IN THE DALLAS
COUNTY NEWS.COUNCILMAN STRAIN SPOKE TO THE DALLAS COUNTY NEWS REGARDING THIS INCIDENT
AND WAS TOLD A CORRECTION WOULD BE PRINTED.
1GUESTS:
DENNIS HANES -ALLOCATION OF FUNDS.FIRE CHIEF HANES SPOKE TO THE COUNCIL REGARDING
THE REPLACEMENT OF DAMAGED BUNKER GEAR AT A COST OF $1,994.51 AND BE TAKEN OUT OF THE
CAPITOL INVESTMENT FUND.
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO ALLOW THE PURCHASE OF
BUNKER GEAR AT THE COST OF $1,994.51 AND HAVE THIS COME OUT OF THE CAPITOL INVESTMENT
FUND.THE MAYOR ASKED FOR A ROLL CALL VOTE,AYES,BAILEY,DUROY,LIHS,STRAIN AND
GRUBER.NAYS'NONE.MOTION CARRIED 5 TO 8.
FIRE CHIEF HANES SPOKE TO THE COUNCIL REGARDING THE BILL FOR THE HANDHELD RADIOS IN THE
AMOUNT OF $1,258.42.THIS SHOULD HAVE BEEN PAYOFF ON JULY 1,1994.
FIRE CHIEF HANES INFORMED THE COUNCIL THAT THE OLD SPUR BUILDING WOULD BE BURNT ON
SUNDAY,OCTOBER 23 AT 3,88PM.
DAVID BARNES -3RD STREET TREES.AFTER A BRIEF DISCUSSION,MOTION BY COUNCILMAN
BAILEY,SECONDED BY COUNCILWOMAN LIHS,TO ALLOW SIDEWALKS ON 3RD STREET IN THE WINDSOR
WEST DEVELOPMENT ALLOWED TO BE RAiSED TO SAVE THE TREES IN THIS AREA.THE SIDEWALKS ARE
TO STAY WITHIN THE 3 TO 1 REQUIREMENTS.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES,
BAILEY,LIHS,STRAIN,DUROY AND GRUBER.NAYS'NONE.MOTION CARRIED 5 TO 8.
JANE OLSON -OPEN BURNING.JANE OLSON SPOKE TO THE COUNCIL REGARDING OPEN BURNING AND
ALL THE HAZARDS THIS CAUSES TO OUR HEALTH.THE COUNCIL AGREED TO HAVE A STUDY DONE AND 1
MAKE CHANGES ACCORDINGLY.THIS ITEM IS TO BE REFERRED TO THE UTILITIES COMMITTEE AND
FIRE DEPARTMENT.
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CONSENT AGENDA.
\.9/26 AND 1~/3 MINUTES;C.CLASS B WINE PERMIT -6RAIG JUDUAS.MOTION BY COUNCILMAN
~AILEY,SECONDED BY COUNCILMAN GRUBER,TO APPROVE ITEMS A AND C OF THE CONSENT AGENDA.
rHE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,GRUBER,STRAIN,DUROY AND LIHS.
~AYS:NONE.MOTION CARRIED 5 TO 0.
C.BILL PRESENTATION.MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN STRAIN,TO
APPROVE THE BILL PRESENTATION WITH THE EXCEPTION OF THE NORTHERN NATURAL GAS BILL.THE
MAYOR ASKED FOR A ROLL CALL VOTE:AYES:GRUBER,STRAIN,LIHS,DUROY AND BAILEY.NAYS,
NONE.MOTION CARRIED 5 TO 0.
MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILWOMAN LIHS,TO APPROVE THE NORTHERN
NATURAL GAS BILL.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES,GRUBER,LIHS,BAILEY AND
STRAIN.NAYS'NONE.COUNCILMAN DUROY ABSTAINED.MOTION CARRIED 4 TO 0.
VENDOR PURPOSE
ARNOLD MOTOR SUPPLY
BATTERY PATROL
BOB BROWN CHEVROLET
BRITTAIN'S STANDARD PARTS
CENTRAL IOWA LANDSCAPING
DALLAS COUNTY NEWS
DALLAS COUNTY DEVELOPMENT
DM BLUE PRINT COMPANY
DYNA SYSTEMS
FULLER STANDARD SERVICE
HUSCHER,PAUL E.
IA DEPT OF COMMERCE
IA DEPT OF TRANSPORTATION
LEAGUE OF IOWA
LG I
LOGAN CONTRACTORS SUPPLY
t4IDWEST LOCK,INC.
MUNICIPAL SUPPLY
NEWMAN TRAFFIC SIGNS
NORTHERN NATURAL GAS
OLSON BROTHERS
PERFECTION CORPORATION
QUALITY FORD OF W.D.M.
R-WAY CONCRETE
R.D.MCKINNEY
STAFF-TEMPS
UTILITY CONSULTANTS,INC.
VAN-WALL EQUIPMENT,INC.
WASHER SYSTEMS OF IOWA
WAUKEE HARDWARE &VARIETY
I1EAR6uARD
TOTAL
MISC.PARTS
BATTERIES
PULLEY
AIR TANK RENTAL
SOD
LEGAL NOTICES PUBLISHED
FY94-95 DUES
MAP STORAGE TUBES
MISC SUPPLIES
9/94 PURCHASES
SOUTH DC LANDFILL LITIGATION
FY95 2ND QTR ASSESSMENT
SNOW FENCE AND POSTS
SALARY SURVEY
WATER TESTING
SNOW FENCE
FILING CABINET LOCK
1/4"DRIVE SOCKET
TRAFFIC SIGNS
NATURAL GAS
9/94 PURCHASES
MISC SUPPLIES
SPEEDOMETER REPAIR
CONCRETE
REBURIED METER SETTING
TEMP HELP
LARGE METER TESTING
MOWER REPAIR
INDUSTRIAL DETERGENT
9/94 PURCHASES
UNIFORMS
AMOUNT
$54.82
77.70
18.41
180.00
39.38
86.12
3,411.00
239.89
177.33
29.86
1,040.00
134.00
1,533.74
110.00
51.42
537.50
58.25
35.85
324.00
6,758.06
916.33
250.45
136.86
408.00
538.12
162.40
1,850.~0
733.71
87.00
324.73
972.34
$21,317.27
>ELECTION COMMITTEE.
:OUNCILMAN STRAIN HAS ASKED PAUL HUSCHER,CITY ATTORNEY,TO PREPARE A RESOLUTION STATING
THAT FOR THE WELFARE OF ALL PEOPLE INVOLVED WE SHOULD KEEP ALL APPLICATIONS
CONFIDENTIAL.
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MOTION BY COUNCILMAN DUROY,
AS CITY CLERK PRO TEMPORE.
GRUBER,BAILEY AND STRAIN.
SECONDED BY COUNCILWOMAN LIHS,TO APPOINT ROBERT P.BARRETT
THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY,LIHS,
NAYS:NONE.MOTION CARRIED 5 TO e.~I
MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILWOMAN LIHS,TO HAVE RESOLUTION #314
READ.THE MAYOR ASKED FOR A ROLL CALL VOTE.AYES:GRUBER,LIHS,DUROY,BAILEY AND
STRAIN.MOTION CARRIED 5 TO e.BOB READ THE FOLLOWING RESOLUTION.
RESOLUTION NO.314
A RESOLUTION DETERMINING THAT APPLICATIONS FOR CITY CLERK/MANAGER WILL BE
DISCOURAGED IF AVAILABLE FOR GENERAL PUBLIC EXAMINATION;AND THAT SAID APPLICATIONS BE
AND REMAIN CONFIDENTIAL.
11HEREAS,THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA,IS PRESENTLY ACCEPTING
APPLICATIONS FOR THE POSITION OF CITY CLERK/MANAGER FOR THE CITY OF WAUKEE,IOWA;AND
WHEREAS,THE CITY COUNCIL HAS BEEN ADVISED AND DOES BELIEVE THAT OTHERWISE
QUALIFIED APPLICANTS WILL NOT MAKE APPLICATIONS FOR THE POSITION OF CITY CLERK/MANAGER
IF THEIR APPLCIATIONS FOR THE POSITION ARE MADE PUBLIC,BECAUSE OF POSSIBLE REPERCUSSION
WITH THEIR PRESENT EMPLOYER;AND
WHEREAS,THE CITY COUNCIL IS ADVISED AND DOES BELIEVE THAT,PURSUANT TO SECTION
22.7,CODE OF IOWA,AS AMENDED,THE COUNCIL MAY FIND THAT OTHERWISE QUALIFIED APPLICANTS
WOULD BE DISCOURAGED FROM MAKING APPLICATIONS IF THEIR APPLICATIONS WERE AVAILABLE FOR
GENERAL PUBLIC EXAMINATION.J
NOW THEREFORE,BE,AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,
IOWA,THAT IT HEREBY DETERMINES THAT OTHERWISE QUALIFIED APPLICANTS FOR THE POSITION OF
CITY CLERK/MANAGER OF THE CITY OF WAUKEE,IOWA,WILL BE DISCOURAGED FROM MAKING
APPLICATION FOR THE POSITION IF THEIR APPLICATION IS AVAILABLE FOR GENERAL PUBLIC
EXAMINATION.
BE IT FURTHER RESOLVED THAT THE APPLICATIONS FOR CITY CLERK/MANAGER BE AND THE SAME ARE
HEREBY ORDERED TO REMAIN CONFIDENTIAL PURSUANT TO THE AUTHORITY GRANTED BY SECTION 22.7,
CODE OF IOWA.
PASSED BY THE COUNCIL THIS 17TH DAY OF OCTOBER,1994,AND APPROVED THIS 17TH DAY OF
OCTOBER,1994.
CLAI RE L.CHEDESTER
MAY 0 RATTEST:
ROBERT P.BARRETT,CITY CLERK PRO TEMPORE
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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 17TH DAY OF OCTOBER,1994,
AND APPROVE THIS 17TH DAY OF OCTOBER,1994.
ATTESTED:CLAIRE L.CHEDESTER
MAY 0 R
ROBERT P.BARRETT,CITY CLERK PRO TEMPORE
MOTION BY DUROY,SECONDED BY COUNCILMAN STRAIN,TO DISPENSE WITH THE RULE REQUIRING
CONSIDERATION AT TWO PREVIOUS MEETINGS PRIOR TO THE MEETING OF FINAL ACTION.THE MAYOR
ASKED FOR A ROLL CALL VOTE:AYEs:DUROY,STRAIN,BAILEY,GRUBER AND LIHS.NAYS:NONE.
MOTION CARRIED 5 TO 0.THE MAYOR DECLARED ORDINANCE No.2192 DULY PASSED AND APPROVED.
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO HAVE THE SAID ORDINANCE
READ BY THE CITY CLERK FOR THE SECOND TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE:
AYEs:DUROY,LIHS,GRUBER,BAILEY,AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0.
ROBERT P.BARRETT READ THE FOLLOWING ORDINANCE:
AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE
CITY OF WAUKEE,IOWA,BY RE-ZDNING 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.
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:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 27,TOWNSHIP
79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
CITY OF WAUKEE,DALLAS COUNTY,IOWA.
THENCE NORTH 00 DEGREE 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 DEGREE 27'01"
WEST A DISTANCE OF 539.02 FEET TO THE SOUTH LINE OF THE
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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 PROVIOEO BY LAW.
PASSED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA,THIS 17TH DAY OF OCTOBER,1994,
AND APPROVE THIS 17TH DAY OF OCTOBER,1994.
CLAIRE L.CHEDESTER
MAY 0 R
ATTESTED:
ROBERT P.BARRETT,CITY CLERK PRO TEMPORE
MOTION BY DUROY,SECONDED BY COUNCILMAN STRAIN,TO DISPENSE WITH THE RULE REQUIRING
CONSIDERATION AT TWO PREVIOUS MEETINGS PRIOR TO THE MEETING OF FINAL ACTION.THE MAYOR
ASKED FOR A ROLL CALL VOTE:AYEs:DUROY,STRAIN,BAILEY,GRUBER AND LIHS.NAYS:NONE.
MOTION CARRIED 5 TO 0.THE MAYOR DECLARED ORDINANCE No.2193 DULY PASSED AND APPROVED.II.MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO
READ BY THE CITY CLERK FOR THE SECOND TIME.THE MAYOR ASKED
AYES:DUROY,LIHS,GRUBER,BAILEY,AND STRAIN.NAYS:NONE.
ROBERT P.BARRETT READ THE FOLLOWING ORDINANCE:
HAVE THE SAID ORDINANCE
FOR A ROLL CALL VOTE:
MOTION CARRIED 5 TO 0.
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
AMENOMENT:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 27,TOWNSHIP
79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
CITY OF WAUKEE,DALLAS COUNTY,IOWA.
THENCE NORTH 00 DEGREE 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 DEGREE 27'01"
WEST A DISTANCE OF 539.02 FEET TO THE SOUTH LINE OF THE
I
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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,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 17TH DAY OF OCTOBER,
1994,AND APPROVED THIS 17TH DAY OF OCTOBER,1994.
CLAIRE L.CHEDESTER
MAY 0 RATTESTED:
ROBERT P.BARRETT,CITY CLERK PRO TEMPORE
MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN DUROY,TO DISPENSE WITH THE RULE
REQUIRING CONSIDERATION AT TWO PREVIOUS MEETINGS PRIOR TO THE MEETING OF FINAL ACTION.
THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:GRUBER,DUROY,LIHS,STRAIN AND BAILEY.
NAYS:NONE.MOTION CARRIED 5 TO 0.THE MAYOR DECLARED ORDINANCE No.2193 DULY PASSED
AND APPROVED.
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO HAVE SAID ORDINANCE READ
BY THE CITY CLERK FOR THE SECONDED TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:
DUROY,LIHS,STRAIN,BAILEY AND GRUBER.NAYS:NONE.MOTION CARRIED 5 TO 0.ROBERT
BARRETT 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 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 DECRIBED 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 SOUTHWEST CORNER OF SECTION 27,
TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL
MERIDIAN,CITY OF WAUKEE,DALLAS COUNTY,IOWA,
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THENCE NORTH 00 DEGREE 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 DEGREE 27'01"EAST A DISTANCE OF 514.02 FEET ON
THE WEST LINE OF THE SAID SOUTHWEST QUARTER,THENCE NORTH
90 DEGREE 00'00"EAST A DISTANCE OF 631.66 FEET;THENCE SOUTH
00 DEGREE 00'00"EAST A DISTANCE OF 404.00 FEET;THENCE SOUTH
90 DEGREE 00'00"EAST A DISTANCE OF 4.17 FEET;THENCE SOUTH
00 DEGREE 00'00"EAST A DISTANCE OF 110.00 FEET;THENCE SOUTH
90 DEGREE 00'00"WEST A DISTANCE OF 639:87 FEET TO THE POINT OF
BEGINNING,CONTAINING 7.49 ACRES,MORE OR LESS.
SECTION 2.REPEALER.ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THE PROVISION 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 UNCDNSTITUTIONAL.
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 17TH DAY OF OCTOBER,1994,
AND APPROVED THIS 17TH DAY OF OCTOBER,1994.
CLAIRE L.CHEDESTER
fl A Y 0 RATTESTED:
ROBERT P.BARRETT,CITY CLERK PRO TEMPORE
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO DISPENSE WITH THE RULE
REQUIRING CONSIDERATION AT TWO PREVIOUS MEETINGS PRIOR TO THE MEETING OF FINAL ACTION.
THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY,LIHS,BAILEY,STRAIN AND GRUBER.
NAYS:NONE.MOTION CARRIED 5 TO 0.MOTION CARRIED 5 TO 0.THE MAYOR DECLARED
ORDINANCE No.2194 DULY PASSED AND APPROVED.
OWNER OCCUPIED HOUSING IN C-2 ZONE.MOTION BY COUNCILMAN DUROY,TO INTRODUCE "AN
ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF
WAUKEE,IOWA,BY AMENDING PRINCIPAL PERMITTED USES TO INCLUDE OWNER-OCCUPIED SINGLE
FAMILY DWELLING UNITS IN EXISTING STRUCTURES.
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN GRUBER,TO HAVE SAID ORDINANCE READ
BY THE CITY CLERK PRO TEMPORE FOR THE FIRST TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE:
AYEs:BAILEY,GRUBER,DUROY,STRAIN AND LIHS.NAYS:NONE.MOTION CARRIED 5 TO 0 .
ROBERT BARRETT READ THE FOLLOWING ORDINANCE:
AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE
CITY OF WAUKEE,IOWA,BY AMENDING PRINCIPAL PERMITTED USES TO INCLUDE OWNER-OCCUPIED
SINGLE FAMILY DWELLING UNITS IN EXISTING STRUCTURES.I
r--------~---~----·----------------
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WAUKEE.
SECTION 1.SECTION 301.16 A OF CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING
ORDINANCE OF THE CITY,IS HEREBY AMENDED BY ADDING THERETO THE FOLLOWING.
(GGG)OWNER-OCCUPIED DWELLING UNITS IN EXISTING
STRUCTURES."OWNER"SHALL INCLUDE FAMILY
OF OWNER WITHIN THE 2ND DEGREE OF CONSAN-
GUINITY OR AFFINITY.
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 ADJUDGE 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 MARCH,1994,
AND APPROVED THIS DAy OF ,1994.
CLAIRE L.CHEDESTER
MAY 0 RATTESTED:
ROBERT P.BARRETT,CITY CLERK PRO TEMPORE
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO DISPENSE WITH THE RULE
REQUIRING CONSIDERATION AT TWO MEETINGS PRIOR TO THE MEETING OF FINAL ACTION AND PUT ON
FINAL PASSAGE.THE MAYOR ASKED FOR A ROLL CALL VOTE.AYES.DUROY,GRUBER,BAILEY AND
STRAIN.NAYS.LIHS.MOTION CARRIED 4 TO 1.
MAYOR CHEDESTER VETO THIS ORDINANCE STATING THAT HE BELIEVES IT WOULD RESTRICT THE
GROWTH WITHIN THE COMMERCIAL AREAS.
COUNTY 28E AGREEMENT.PAUL HUSCHER WROTE A LETTER TO MR.SKINNER ON OCTOBER 4.MR.
SKINNER CONTACTED PAUL REQUESTING TO MEET WITH A COMMITTEE TO DISCUSS AND ANSWER ANY
QUESTIONS REGARDING THE COUNTY BUILDING.THE MAYOR ASKED JOHN WESSELMANN AND NICK
GRUBER TO MEET WITH MR.SKINNER TO DISCUSS THIS MATTER.
PLANNING &ZONING ApPOINTMENTS.MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN
DUROY,TO REAPPOINT JOAN HESKETT,JERRY STEELE AND LLOYD ROYER TO THE PLANNING AND
ZONING COMMISSION.THE MAYOR ASKED FOR A ROLL CALL VOTE.AYES.BAILEY,DUROY,STRAIN
AND GRUBER.NAYS.LIHS.MOTION CARRIED 4 TO 1.
BOARD OF ADJUSTMENT ApPOINTMENTS.TABLED UNTIL NOVEMBER 7TH COUNCIL MEETING.
-87 -
FIRE DEPARTMENT -CHEVY FIRE TRUCK.BART WELLER SPOKE TO THE COUNCIL ASKING FOR PRIOR
APPROVE OF $10,800 TO REFURBISH THE OLD CHEVY FIRE TRUCK.
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN STRAIN,TO PROCEED WITH REFURBISHING
OLD CHEVY FIRE TRUCK NOT TO EXCEED $10,800.THE MAYOR ASKED FOR A ROLL CALL VOTE.
BAILEY,STRAIN,LIHS,DUROY AND GRUBER.NAYS.NONE.MOTION CARRIED 5 TO 0.
UTILITIES COMMITTEE -LIHS.COUNCILWOMAN LIHS PRESENTED THE COUNCIL WITH A WRITTEN
REPORT.THERE WAS A BRIEF DISCUSSION REGARDING CURBSIDE RECYCLING.THE COUNCIL ALSO
DISCUSSED A LETTER SENT OUT BY WASTE MANAGEMENT OF IOWA TO THEIR CUSTOMERS IN WAUKEE.
LIBRARY REPORT -BAILEY.COUNCILMAN BAILEY PRESENT THE COUNCIL WITH A WRITTEN REPORT.
MOTION
$50.00
VOTE.
0.
BY COUNCILMAN BAILEY,SECONDED BY COUNCILWOMAN LIHS,
FROM THE LIBRARY FOR THE AUTOMATION FUND DRIVE.THE
AYES.BAILEY,LIHS,DUROY,GRUBER AND STRAIN.NAYS.
TO BUY A QUILT SQUARE FOR
MAYOR ASKED FOR A ROLL CALL
NONE.MOTION CARRIED 5 TO
PUBLIC WORKS REPORT -WESSELMANN.JOHN WESSELMANN PRESENTED THE COUNCIL WITH A
WRITTEN REPORT.MOTION BY COUNCILMAN STRAIN,SECONDED BY COUNCILWOMAN LIHS,TO RECEIVE
THE PUBLIC WORKS REPORT.THE MAYOR ASKED FOR A VOICE VOTE.MOTION CARRIED 5 TO 0 ON A
VOICE VOTE.
MOTION BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN GRUBER,TO RECEIVE THE LIBRARY
REPORT AND THE UTILITIES REPORT.THE MAYOR ASKED FOR A VOICE VOTE.MOTION CARRIED 5 TOoONAVOICEVOTE.
MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN DUROY,TO APPOINT PASTOR SCHLAEFFER
FOR A ONE YEAR TERM AS PARK CARETAKER.THE MAYOR ASKED FOR A ROLL CALL VOTE.AYES:
GRUBER,DUROY,BAILEY,STRAIN AND LIHS.NAYS.NONE.MOTION CARRIED 5 TO 0.
PUBLIC SAFETY REPORT -GRUBER.COUNCILMAN GRUBER PRESENTED THE COUNCIL WITH A WRITTEN
REPORT.MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN DUROY,TO RECEIVE THE
SAFETY COMMITTEE REPORT.THE MAYOR ASKED FOR A VOICE VOTE.MOTION CARRIED 5 TO 0 ON A
VOICE VOTE.
MAYOR'S REPORT.MAYOR CHEDESTER SPOKE TO THE COUNCIL REGARDING THE COUNTY MAINTENANCE
BUILDING AND HOW IMPORTANT IT IS TO MAKE SURE THERE IS NO CONTAMINATION THERE.HE ALSO
VOICED HIS THOUGHTS REGARDING A COMMUNITY CENTER FOR THE COMMUNITY.
THE BOARD OF SUPERVISIORS HAS APPOINTED LEE HUSTED AND GEOREGE STANICH TO BE DALLAS
COUNTY REPRESENTATIVES TO THE CLIVE AND WAUKEE SPECIAL CITY DEVELOPMENT COMMITIEE.
HATTERS REGARDING ANNEXATION PENDING BEFORE THE CITY DEVELOPMENT BOARD AND SOUTH
DALLAS COUNTY LANDFILL AGENCY.MOTION BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN
DUROY,TO ENTER INTO CLOSED SESSION PURSUANT TO IOWA CODE SECTION 2.15 lc)"To DISCUSS
STRATEGY 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".THE MAYOR ASKED FOR A ROLL CALL VOTE,
AYES,LIHS,DUROY,STRAIN,BAILEY AND GRUBER.NAYS,NONE.MOTION CARRIED 5.TO 0.I
ADJOURNMENT.MOTION BY COUNCILMAN
THE MAYOR ASKED FOR A VOICE VOTE.
MEETING ADJOURNED AT 10:34PM.
ATTESTED:
-88 -
BAILEY,SECONDED BY COUNCILWOMAN LIHS,TO ADJOURN.
MOTION CARRIED 5 TO 0,ON A VOICE VOTE.THE COUNCIL
dL~CHET CHEDESTER,MAYOR
ROBERT P.BARRETT,CITY CLERK PRO TEMPORE