HomeMy WebLinkAbout1995-01-23-Regular Minutes-137 -
The January 23,1995 Waukee City Council meeting was called to order at 7:00pm.by Mayor
Chet Chedester with Toni Lestina taking minutes.
Everyone in attendance recited the Pledge of Allegiance.IArollcallvotewastakenandthefollowingCityCouncilMemberswerepresent:Don
Bailey,Jr.,Frank Duroy,Nick Gruber,Monica Lihs and Terry Strain.
Open Forum.
Jim Thompson -805 Locust Street would like to voice his opinion when item #6 is
discussed.
Agenda Additions.Add Parks Report as item #9A and Public Safety Report as item #9B.
The Mayor asked for a voice vote.Carried 5 to 0,on a voice vote.
Consent Agenda.
Motion by Councilman Duroy,seconded by Councilwoman Lihs,to approve the 1/16 City
Council minutes.The Mayor asked for a roll call vote:Ayes:Bailey,Lihs,Gruber,
Strain and Duroy.Nays:None.Motion carried 5 to 0.
Motion by Councilman Bailey,seconded by Councilman Gruber,to approve the 1/9 City
Council minutes with a error on page 4 -Official Publication being corrected.The
Mayor asked for a roll call vote:Ayes:Bailey,Gruber,Lihs,Duroy and Strain.Nays:
None.Motion carried 5 to 0.
Motion by Councilman Bailey,seconded by Councilwoman Lihs,to approve the Bill
Presentation in the amount of $80,038.36.The Mayor asked for a roll call vote:Ayes:
Bailey,Lihs,Duroy,Strain and Gruber.Nays:None.Motion carried 5 to 0.The bill
list is as follows:
Vendor
AT &T
Alexander Battery Co,Inc.
Alliance Medical
Anderson,Joe
Aratex Services,Inc.
Bankers Trust Company
Banknote Printing,Inc.
Bibliographical Center
Border's Book Shop
Brown,Jerry
Brown Supply Co.,Inc.
Business Communications
Carpenter Uniform Co
Creative Printers,Inc.
Culligan
Dallas County News
DEMCO
DM Register
DM Water Works
Electro-Serv,Inc.
Emergency Medical Prod
Farmer's Coop Elevator
Fesler's Inc.
Purpose
Directory assistance
Nickel cadmium battery
BP cuff,resuscitator cs
Guest lecturer mileage
Entrance mat cleaning
Initial fee for GO Bonds
G.O.notes printing
LDR storage
Material
J Brown trip to Ames
Curb box repair lids
Radio repair
Jumpsuite -K Steinke
Water flyers
Water
Publications
Signs,labels,etc.
Subscription
Lead/copper analysis
Installations
Medical supplies
12/94 purchases
Bikini cuff case
Amount
$19.80
108.77
352.82
2.73
78.68
75.00
389.76
.93
72.14
21.58
59.88
442.10
54.45
312.00
5.45
1,195.10
32.91
44.20
960.00
162.96
180.75
1,201.21
32.01 I
Fuller Standard Service
Gas Products Sales
Greenhaven Press,Inc.
Hach Company
Hare &Company
Hartman,Ron &Jane
Huscher,Paul E.
Huscher,Paul R.
Hutchinson Salt Co
Ia Municipal Finance
Ingram Library Services
International Video Network
IA Communications Network
IA Methodist Medical Center
Midwest Power
Jerico Services,Inc.
Jim Coons Trucking
Korpanty,Eric
Lease Consultants Corp
Mack,Linda M.
Majona Corporation
Metro Uniforms
Midwest Business Products
Midwest Lock
North Dallas Landfill Inc
Olson Brothers
Perfection Corporation
Presto-X Company
Quality Ford of W.D.M.
Redden-Miller,Inc
Rexco Equipment,Inc.
Rueckel,Kurt A.
Steinke,Kurt
Tofteland,Joy E.
Toyne's IA Fire Trk Serv
Triple T Enterprises,Inc.
Triplett Off Essentials
United States Cellular
US Energy Services,Inc
US Postal Service
US West Cellular
US West Communications
U of I Hygienic Lab
Utility Consultants,Inc.
W.W.Grainger,Inc
Washpointe Autowash
Waste Management of Iowa
Waukee Business Assoc
Waukee Fire Association
Waukee Hardware &Variety
Wearguard
~'Iityk,Debra
Ziegler,Inc.
Total
-138 -
12/94 purchases
Gas supplies
Material
Hachone PH comb WIT
Warrant interest
12/94 City Hall Cleaning
Landfill/Annexation
Landfill/Annexation
Rock salt
Ia Muni Finance Officers
Materials
Material
11/94 service
D.Stevens Hep B shots
Monthly service
Liq cal chloride
Sand
Electrified science prog
Lease payment #21
Expenses
Headach rack
Hat Badge/Breast Badge
Folding table
Keyless entry lock
1/2 per capita fee
12/94 purchases
Supplies
Monthly pest control
Misc.repairs
Monthly copier maint.
Relay,thermocouple
Moving expense
State fire reports
expenses
LaCrosse boots
Motor vehicle &law book
Misc.supplies
Monthly service
Gas purchase
roll of stamps
Monthly cellular service
Monthly telephone service
4th qtr 1994 testing
12/94 testing
Grease control valve
12/94 auto washes
12/94 service
Waukee Business Assoc.
Office supplies
12/94 purchases
Waterproof boots
12/94 Library cleaning
Cat WIN P K hammer
Page 2
204.97
5,084.89
76.73
140.00
16,312.50
400.00
419.99
517 .19
590.99
45.00
709.65
34.79
4.18
129.36
122.43
495.00
547.66
16.28
72.31
4.16
195.00
195.10
70.70
393.90
5,116.50
1,108.87
921.97
21.50
824.98
77.34
450.94
940.34
75.00
8.32
84.50
380.00
82.58
143.73
34,107.26
32.00
31.04
678.13
169.00
200.00
88.97
20.75
858.47
55.00
243.46
282.70
7.50
120.00
320.00
$80,038.86
-139 -
Page 3
Cherry &8th Street Rezoning.Mr.Rick Ross spoke to the Council regarding the
rezoning of Cherry &8th Street.This development would be limited to the elderly.Mr.
Ross would like the area rezoned now and he will have a flow test done on the sanitary
sewer this spring.
Keith Brotherson -660 7th Street.Mr.Brotherson stated his concerns with the rezoning
and the purposed project to be built.One of his concerns is that the property might be
developed into low income housing which could effect the valuation of his property and
the appearance of this project.Mr.Brotherson assumed that the land around his
property was going to be developed into $125,000 to $135,000 homes.
Jim Thompson -805 Locust Street.Express his concerns about through streets.
Kurt Ruecke l ,City Clerk,stated that no written objections had been received.
Moved 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 R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT)TO R-3
(MULTI-FAMILY RESIDENTIAL DISTRICT)AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-
ZONING".
Motion by Councilman Bailey,seconded by Councilman Duroy,to have the said ordinance
read by the City Clerk.The Mayor asked for a roll call vote:Ayes:Bailey,Duroy,
Gruber,Strain and Lihs.Nays:None.Motion carried 5 to 0.The City Clerk read the
following ordinance for the first time:
ORDINANCE NO._
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 R-2 (ONE
AND TWO FAMILY RESIDENTIAL DISTRICT)TO R-3 (MULTI-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 R-2 (One and Two Family Residential District)to R-
3 (Multi-Family Residential District),and that the Official Zoning Map be made to
reflect such amendment:
Beginning at the SW Corner of the SW 1/4 of the NW 1/4
of Section 33,Township 79 North,Range 26 West of the
5th P.M.,City of Waukee,Dallas County,Iowa;Thence
North 00 degrees,00 minutes,and 00 seconds East along
the West line of the NW 1/4 of said Section 33,639.90
feet to the South line of Cherry Street extended;Thence
North 89 degrees 40'00"East along the South line of Cherry
Street extended,716.00 feet to the East line of 8th
Street;Thence South 00 degrees 29'00"East along the East
line of 8th Street extended,638.22 feet to the South line
of the NW 1/4 of said Section 33,Thence South 89 degrees
32'00"West along the South line of the NW 1/4 of said
Section 33,721.40 feet to the point of beginning.Said
tract of land being subject to and together with any and all
easements of record.Said tract of land containing 10.54
acres more or less.
I
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Page 4
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 iQ 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
_____________,1995,and approve this day of ,1995.
Claire L.Chedester
MAY 0 RATTESTED:
Kurt A.Rueckel,City Clerk
Downing T.I.F.Mr.Downing,Downing Development,spoke to the Council regarding his
development.Mr.Downing explained to the Council which areas would be residential and
which areas would be commercial.He is proposing a T.I.F.district only in the
commercial areas.He will also be attending the Planning and Zoning Commission meeting
on January 24th to inform the Commission of the proposed plans,and return at the
February 6th Council meeting to present a draft of the Urban Renewal Plan.
Motion by Councilman Duroy,seconded by Councilman Gruber,voicing a resolution agreeing
with the proposed Downing T.I.F.District that has been presented.RESOLUTION NO.329
The Mayor asked for a roll call vote:Ayes:Duroy,Gruber,Lihs,Bailey and Strain.
Nays:None.Motion carried 5 to 0.
Hickman West Industrial Park -Bratney.The Council,Kurt Rueckel and Ken Bratney
discussed a proposed agreement.The Bratney supplemental agreement is as follows:
Supplemental Agreement
THIS AGREEMENT entered into this day of January,1995,by and between THE
CITY OF WAUKEE,IOWA (hereinafter referred to as "City"),and THE KEN BRATNEY COMPANY
(hereinafter referred to as "Owner").
WHEREAS,the parties had entered into an Agreement in April,1993,which was filed
of record on October 5,1994 in Book 776 on Page 493 in the Office of the Dallas County
Recorder,and
WHEREAS,in said Agreement Owner made certain representations regarding the
development of,
Lot 6 in Hickman West Industrial Park Plat II,an Official Plat,now
including and forming part of the City of Waukee,
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Page 5
which would result in an assessed value for property tax purposes of One Million Two I
Hundred Thousand Dollars ($1,200,000.00)with said development to be completed and the
property subject to assessment by December 31,1994,unless Owner received an extension
from City;and
WHEREAS,City assumed certain responsibilities to provide pavement and utilities to
all of Hickman West Industrial Park Plat I and II and improvements to roadway South of
said Plat.
WHEREAS,certain matters have occurred with respect to development of Owner's
property,and
NOW,THEREFORE,the parties hereto wish to amend Owner's obligations contained in
the aforesaid Agreement and specifically acknowledge and agree to the following:
1.The parties understand and agree that Owner has undertaken,in compliance with
City Ordinances,preliminary steps in the development of Lot 6 in Hickman West
Industrial Park Plat II and City acknowledges that Owner paid a building
permit fee of Five Thousand Nine Hundred Fifty-three Dollars ($5,953.00).
2.City agrees that Owner shall be given a credit for the sum of Five Thousand
Nine Hundred Fifty-three Dollars ($5,953.00)paid to City as a building permit
fee.Said credit may be used by Owner in the development of anyone of the
lots in Hickman West Industrial Park II or assigned to be used by someone else
building a structure on any lot in the future in Hickman West Industrial
Park Plat II.
13.City further agrees that Owner's obligation from the date of this Agreement
shall be to pay the short fall in tax revenues,if any,which become due on
One Million Two Hundred Thousand Dollars ($1,200,000.00)in assessed real
estate value for property tax purposes from January 1,1995,on lots 1,2,3,
5 and 6 of Hickman West Industrial Park Plat II.The parties understand
and agree that the first installment for payment of real estate taxes which
would reflect the increase in valuation contemplated by the Owner's
agreement with the City will be the installment due September,1996.Owner,
therefore,agrees to pay to the City the difference between the City's share
of the installment of taxes actually paid on the aforesaid real estate,and
the amount of taxes the City would have realized from the aforesaid real
estate had the improvements resulting in a valuation of $1,200,000.00
actually been made.Such payments shall be made on September 1,1996,on
March 1,1997,and on each September 1 and March 1 thereafter until the
above described real estate has a tax valuation of at least $1,200,000.00.
The parties agree that any assessable valuation,resulting from the aforesaid
real estate,shall be applied against Owner's obligation,whether Owner or
anyone else,owns or develops one or all of the said lots.
4.City agrees that in no event will Owner be obligated to build its own office
and warehouse complex on Plat II.
5.The parties understand and agree that the Agreement executed between the
parties in April,1993 is valid and remains effective except with respect
to the provisions contained herein which amend and change said Agreement.I
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Page 6
IN WITNESS WHEREOF the parties have executed the Agreement on the date first above
written.
OWNER CITY
CITY OF WAUKEE
By:---=---=_::-:_
J.Paul Bratney
By:_
Mayor
Attest:-.".,-_::::---:-_
City Clerk
Motion by Councilman Bailey,seconded by Councilman Gruber,to accept agreement with
Paul Huscher's,City Attorney,changes to item #3.The Mayor asked for a roll call
vote,Ayes:Bailey,Gruber,Lihs and Duroy.Nays,Strain.Motion carried 4 to 1.
Booster Club Concession Stand.Doug Niblo,Waukee Booster Club,spoke to the Council
asking permission to have a sewage holding tank installed at the new concession stand at
the Waukee football field.John Wesselmann,Public Works Director,asked Mr.Niblo if
the Booster Club would be interested in sharing the cost of installing a septic system
or multi-flow system with the City.The system would be installed in the park and it
would be possible for the new concession stand to be connected.It was stated it would
be at least 3 years before city sewer would be available.The Council directed Kurt
Rueckel,City Administrator,to check into septic systems and bring the the information
back to the Council on February 6th.
Parks Committee Report.Councilman Strain spoke to the Council,updating them on the
activity of the Parks Committee.
Motion by Councilman Lihs,seconded by Councilman Bailey,to receive the Parks Committee
report.The Mayor asked for a voice vote.Motion carried 5 to 0.
Public Safety Report.Councilman Gruber presented a written report regarding the Fire
Department.
Motion by Councilman Duroy,seconded by Councilwoman Lihs,to received the Public Safety
Report.The Mayor asked for a voice vote.Motion carried 5 t.o 0.
Liquor License -Brad Lathrop.Motion by Councilman Duroy,seconded by Councilman
Strain,to approve the Liquor License for Brad Lathrop.The Mayor asked for a roll call
vote:Ayes:Duroy,Strain,Bailey,Gruber and Lihs.Nays:None.Motion carried 5 to
0.
Owner Occupied Ordinance (HHH)-2nd Reading.Motion by Councilman Bailey,seconded
by Councilwoman Lihs,to have "AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,
ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY AMENDING PRINCIPAL PERMITTED USES TO
INCLUDE DWELLING UNITS OCCUPIED BY A MANAGER OR MANAGERS OF A BUSINESS OR BUSINESSES
HOUSED IN THE SAME STRUCTURE,OWNED BY THE OWNER OF THE BUSINESS OR BUSINESSES"read by
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Page 7
The City Clerk for the second time.The Mayor asked for a roll call vote,Ayes:
Bailey,Lihs,Gruber,Strain and Duroy.Nays:None.Motion carried 5 to 0.The City
Clerk read the following ordinance second time,I
ORDINANCE NO._
AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE
CITY OF WAUKEE,IOWA,BY PRINCIPAL PERMITTED USES TO INCLUDE DWELLING UNITS OCCUPIED BY
A MANAGER OR MANAGERS OF A BUSINESS OR BUSINESSES HOUSED IN THE SAME STRUCTURE,O~lNED BY
THE OWNER OF THE BUSINESS OR BUSINESSES.
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:
(hhh)dwelling units occupied by a manager or
managers in responsible charge,for adequate
consideration,of the entire business or
businesses housed in the same structure owned
by the owner of the business or businesses.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are herby repealed.
Section 3.Severability Clause.If any section,prOVlSlon or part of this I
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
_______________,1995,and approved this __day of
day of
_______,1995.
Claire L.Chedester
MAYORAttested:
Kurt A.Rueckel
City Clerk
Mayor's Report.The Mayor explained the problems with the Christmas tree pickup and
would like to notify everyone that an Organic Technologies bag must be attached to each
tree to assure pickup.Organic Technologies will be collecting trees the first Monday
of February and the first Monday in March.
The Mayor asked the feelings of the Council regarding the videotaping of City Council
meetings.Motion by Councilman Gruber,seconded by Councilman Strain,to have all City
Council meetings videotaped and the tapes taken to the Library for people to view.The
video tapes are to be saved for one (1)year.The Mayor asked for a roll call vote:
Ayes:Gruber,Strain,Bailey and Duroy.Nays:Lihs.Motion carried 4 to 1.
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Page 8
Mayor Chedester would like the Council to think about charging for First Responder calls
to the Interstate and calls on Highway 6 when the people are from other entities.
Administrator's Report.Kurt Rueckel,City Administrator,updated the Council on the
Midwest Mobile Homes situation.
Kurt went over the schedule of Budget Meetings with the Council.Next week he will be
ready to meet with the Budget Committee to present the preliminary budget to them.He
would then like to hear the Council's comments on February 6th.He will then take the
comments back to the department heads on the week of February 13th and propose another
draft to the Council on February 20th.Kurt will have purposed copies of the budget for
public view on February 21st and have the hearing published on March 2nd.He would then
like to have the actual hearing on March 13th,which will give him 2 days to file with
the county.The Mayor would like the actual sheets that come from the county regarding
valuations so the Budget Committee will have some ideas.
Motion by Councilwoman Lihs,seconded by Councilman Bailey,
Administrator,authorize to sign the bank signature cards.
call vote:Ayes:Lihs,Bailey,Strain,Duroy and Gruber.
5 to 0.
to have Kurt,City
The Mayor asked for a roll
Nays:None.Motion carried
The Council also gave two possible dates,January 30th and February 2nd,for a joint
session with the School Board.
Motion by Councilwoman Lihs,seconded by Councilman Duroy,to receive the
Administrator's report.The Mayor asked for a voice vote.Motion carried 5 to 0.
Public Works Report.John Wesselmann,Public Works Director,handed out a written
Public Works report to all Council Members.After a brief discussion,motion by
Councilman Gruber,seconded by Councilman Strain,to receive the Public Works report.
The Mayor asked for a voice vote.Motion carried 5 to 0.
Adjournment.Motion by Councilman Gruber,seconded by Councilman Strain,to adjourn.
The Mayor asked for a voice vote.Motion carried 5 to 0.Meeting was adjourned at
9:25pm.
ATTESTED:
Kurt A.Rueckel,City Clerk