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HomeMy WebLinkAbout1995-02-20-Regular Minutesr-----~·----------- -154 - The February 20,1995 Waukee City Council meeting was called to order at 7:00 p.m,by Mayor Chet Chedester with Kurt A.Rueckel taking minutes. A roll call vote was taken and the following City Council members were present: Nick Gruber,Don Bailey,Jr.,Monica Lihs,and Frauk Duroy.Absent:Terry Strain. Everyone in attendance recited the Pledge of Allegiance. Agenda Additions:Councilwoman Lihs asked if she could discuss some personnel matters in closed session later for discussion purposes only.It will be done as item #25A.The Mayor asked for a voice vote.Ayes -4,Nays -O. Open Forum.Becky McGowan wanted to know if the City had contacted anyone about street sweeping.They Mayor asked John Wesselmann if there were any remaining hours left with the City of Johnston before we start the new year.John stated that we did.The City will use its sweeper until we can get Johnston's sweeper scheduled. Marsha Schmidt would like to legalize the speed limit in front of her house along Alice's Road.The Mayor told her that we needed to have a vote regarding the new annexed area first.Paul Huscher,City Attorney,told Marsha that the Police Chief is working on getting the speed limits and stop signs posted in those areas. After the election those speed limits will be enforced. Consent Agenda.Motioned by Councilman Duray,seconded by Councilwoman Lihs to accept the Concent Agenda as follows: A.2/6/95 Council minutes;B.Salary &Bill presentation.Bills $60,789.09, Salaries $13,823.08 and another of $3,433.73.Voice roll was taken.Ayes:Duray, Lihs,Bailey,Gruber.Nays:None.Motion approved. Downing TIF -Mr.Downing discussed the Urban Renewal Plan for Enterprise Business Park.There are a number of steps that have to take place between now and the public hearing.The Planning &Zoning Commission needs to meet and review this plan,to make sure this is consistent with the City's Comprehensive plan.The Council also needs to set up a consultation meeting with the other effected taxing enities those being the Community College,County and School .; District.Councilman Bailey asked if Mr.Downing felt that the development would pay the way on this.Mr.Downing stated that he has seen a conservative estimate of what could happen out there and yes he thinks its very feasible.The Mayor said he would like to see the TIF run for less than 20 years.There was also a brief discussion about the phases of Enterprise Business Park and if there would be one or more TIF Districts.Motion by Councilman Duray,seconded by Bailey to set March 20,1995 as Public Hearing on Downing TIF at 7:00 P.M.The Mayor asked for a roll call vote:Ayes:Duroy,Bailey,Lihs,Gruber.Nays:none. Motion approved 4 to O.Motion by Councilman Gruber,seconded Duray that Resolution #329 be adopted.The Mayor asked for a roll call vote:Ayes:Gruber, Duray,Bailey,Lihs Nays:none.Motion approved 4 to 0. -155 - RESOLUTION NO.329 Setting date for a public hearing on designation of the Enterprise Business Park Urban Renewal Area and on urban renewal plan project. WHEREAS,studies have been conducted which show the desirability of designating a portion of the City of Waukee as the Enterprise Business Park Urban Renewal Area,pursuant to the provisions of Chapter 403,Code of Iowa;and WHEREAS,a proposal has been submitted to the Council under which an area within the boundaries set out in Exhibit A would be designated an urban renewal area;and WHEREAS,this Council is desirous of obtaining as much information as possible from the residents of the City before making this designation:and WHEREAS,a proposed urban renewal plan for a project within that proposed designated area has been prepared and it is now necessary that a date be set for a public hearing on the designation of the area and on the plan and project; NOW,THEREFORE,Be it Resolved by the City Council of the City of Waukee,Iowa,as follows: Section 1.This Council will meet at the Waukee City Hall, Waukee,Iowa,on the 20th day of March,1995,at 7 o'clock p.m.,at which time and place it will hold a public hearing on the designation of the proposed Enterprise Business Park Urban Renewal Area described in the preamble hereof and on the proposed urban renewal plan and project for said area. Section 2.The City Clerk shall publish notice of said hearing,the same being in the form attached to this resolution,which publication shall be made in a legal newspaper of general circulation in Waukee,which publication shall not less than four (4)nor more than twenty(20)days before the date set for the hearing. Section 3.Pursuant to Section 403.5 of the Code of Iowa,the City Administrator and Tom Simmering of Simmering-Cory Inc.are hereby designated as the city's representatives in connection with the consultation process which is required under that section of the urban renewal law. Section 4.The porposed urban renewal plan is hereby submitted to I the City's Planning and Zoning Commission for review and recommend- ations,as required by Section 403.5,Code of Iowa. -156 - Passed and approved February 20,1995. Mayor Attest: City Clerk COUNTRY CLUB WOODS PLAT 4-Jerry Oliver representing Country Club Woods Plat 4.The Council discussed phase 1 and phase 2 of the project.Phase 1 is the area in the northeast corner and involves approximately 29 lots and phase 2 involves 26 lots.When Phase Two is constructed Iowa Realty will construct a 24 foot wide concrete street that would end just south of the Southerly most drive access.Then from that point to University Ave.a 24 foot wide,6 inch asphalt street would be constructed.Iowa Realty would would also write the City a check for $25,000.There was also discussion of dry sewers in this area.Jerry Oliver stated that Iowa Realty would enter into a written agreement to committ to the paving of Boone Drive.Iowa Realty would be willing to committ to participate in the assessment of the street if the project wasabandoned.Theywould not take an AG deferrment.Kurt stated that he would get a letter from Iowa Realty stating some of those things and he will have them add a formal agreement as a part of the plat.Until an agreement is presented,the Council will to wait and approve the 2 phases of Country Club Woods Plat 4 during the March 6,1995 meeting. 8TH STREET &CHERRY REZONING-Third reading:The Mayor gave his written veto of the agreement from the previous meeting to Kurt regarding to have the zoning be good for 5 years with an extension of 3 years.Discussion took place regarding a 5 year agreement with an extension if they submit the paper work each year showing that they are trying to get funding.Motion by Gruber to rezone for 5 years con-tingent upon them submitting the paperwork showing an attempt at getting the funding with an extension if funding was not available.Lihs recommended that they go three years not five.Motion seconded by Duray.Roll was taken and the following members voted aye:Gruber,Duroy,Bailey.Nays: Lihs.The Mayor vetoed the vote. MUNICIPAL CLERKS INSTITUTE-Councilwoman Lihs motioned to allow Kurt to attend the three sessions July 10-14 for the fee of $150.00.Seconded by Councilman Bailey.Ron vote was taken and the following members voted Aye: -157 - Lihs,Bailey,Duroy,Gruber.Nays:None.Motion carried 4 to O. IOWA MUNICIPAL MANAGEMENT ANNUAL INSTITUTE-Councilman Bailey,motioned to allow Mr.Rueckel to attend the Iowa Municipal Management Annual Institute March 22-24 at the University of Iowa,seconded by Duroy.Roll was taken and the following members voted Aye:Bailey,Duroy,Gruber,Lihs. Nays:None.Motion carried 4 to O. W ASTEW ATER TRAINING-John Wesselmann recommended to the council to allow Chuck Christianson to attend Wastewater Classes needed to get his CEU's. Motion by Councilwomen Lihs to have Chuck attend the classes,second by Gruber.Roll was taken and the following members voted Aye:Lihs,Gruber, Bailey,Duroy.Nays:None.Motion Carried 4 to O. REQUEST TO PURCHASE GAS OPERATING SUPPLIES-John Wesselmann requested to purchase additional items needed for the Gas Meter change outs. Moved by Duroy,seconded by Lihs to approve the purchase of additional gas supplies for meter change outs.Roll call was taken and the following members voted Aye:Duroy,Lihs,Bailey,Gruber.Nays:None.Motion approved 4 to O. RE-ZONING FEES -Kurt discussed with the Council a fee to the developers that wish to have their properties rezoned.Motion by Duroy to approve the recommendation by the City Administrator,second by Lihs.Paul Huscher discussed including Attorney fees.After the discussion Councilman Duroy,and Councilwoman Lihs withdrew their motion.Councilman Duroy restated his motion as follows:Authorize the City Attorney through the City Administrator to draw up a formal ordinance regulating the fees for zoning changes,seconded by Bailey.Roll call was taken and the following members voted Aye:Duroy,Bailey, Gruber,Lihs.Motion carried 4 to O.Nays:None.This is scheduled for the March 6th agenda. I LIQUOR LICENSE-Philly's Finest requested a new liquor license and Hometown Cafe requested a renewal.Duroy motioned to approve the liquor license for Philly's Finest and Hometown Cafe,second by Lihs.Roll was taken and the following members voted Aye:Duroy,Lihs,Gruber,Bailey Nays:none.Motion carried 4 to O. GOAL SETTING/CAPITAL IMPROVEMENT SESSION-Kurt discussed using a professional planner to facilitate the meeting.Kurt recommended to have the City have its meeting first and then determine if this proposal should be accepted. Councilman Gruber moved to have the meeting and then determine if we need to have a third party involved at that time,second by Councilman Duroy.Roll was taking and the following members voted Aye:Gruber,Duroy,Lihs,Bailey.Nays: None.Motion approved 4 to O. TAX EXEMPTION SECOND READING·Motion by Gruber,second by Bailey to have the Clerk read the second reading of the Partial Exemption from Taxation Ordinance.Roll was taken and the following members voted Aye:Gruber,Bailey, -158 - Lihs ,Duroy.Nays:None.Motion approved 4 to O. ORDINANCE NO.2200 AN ORDINANCE TO AMEND CHAPTER 215,WAUKEE MUNICIPAL CODE, PROVIDlNG FOR INDUSTRIAL PROPERTY TAX CREDITS FOR QUALIFIED NEW lNDUSTRIAL CONSTRUCTION,SECTION 215.2,PARTIAL EXEMPTION FROM TAXATION,BY EXEMPTING THEREFROM PROPERTY WITHIN ANY URBAN RENEWAL AREA OF THE CITY OF WAUKEE,IOWA,AND PROHffiITING SUCH PROPERTY FROM RECEIVING ANY OTHER FORM OF TAX ADJUSTMENT,ABATEMENT,RELIEF,OR INCREMENT. BElT ORDAINED by the Council of the City of Waukee: Section 1.Section 215.2 of Chapter 25,Waukee Municipal Code,Partial Exemption from Taxation,is amended by deleting the last sentence thereof,and inserting in lieu thereof the following; Provided,however,no exemption or partial exemption from taxation shall be granted as to any property within any urban renewal area of the City of Waukee; and if any exemption or partial exemption has been granted to such property,no other tax adjustment,abatement,relief,or increment shall be granted; sa that the section shall read: S215.2.Partial Exemption from Taxation.The City of Waukee,Iowa, hereby provides for a partial tax exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate and the acquisition of or improvement to machinery and equipment as assessed as real estate pursuant to Iowa Code Section 427a.l(l)(e),Code of Iowa. This provision shall be subject to the definitions and requirements set forth in House File 650,Acts of the 68th General Assembly,1979 Regular Session of the State of Iowa.Provided,however,no exemption or partial exemption from tax- ation shall be granted as to any property within any urban renewal area of the City of Waukeej and if any exemption or partial exemption has been granted to such property,no other tax adjustment,abatement,relief,or increment shall be granted; 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. -159 - Passed by the City Council of the City of Waukee,Iowa this day of ________,1995,and approved this day of .I Claire L.Chedester Mayor Attested: Kurt A.Rueckel City Clerk Motion by Bailey,second by Lihs to waive the third reading.Roll was taken and the following members voted Aye:Bailey,Lihs,Duroy,Gruber.Nays:None. Motion carried 4 to O.Motion by Bailey,second by Duroy,to put motion on its final passage.Roll was taken and the following members voted Aye:Bailey,Duroy,] Gruber,Lihs.Nays:None.Motion carried 4 to O.The ordinance was declared the ordinance duly adopted and passed. DOG AND CAT LICENSES-1ST READING-Bailey introduced the ordinance addressing dog and cat licenses.Councilwoman Lihs motion to have the Clerk do the first reading,seconded by Gruber.Roll was taken and the following members voted Aye;Lihs,Gruber,Bailey,Duroy.Nays:None. ORDINANCE NO._ AN ORDINANCE TO AMEND CHAPTER 209,WAUKEE MUNICIPAL CODE,REGULATING THE LICENSING,IMPOUNDING, IMMUNIZATION AND KEEPING OF CATS,BY DELETING THE FIRST PARAGRAPH OF SECTION 209.2 AND INSERTING IN LIEU THEREOF PROVISIONS TO INCREASE THE LICENSE FEE FOR ALL CATS AND TO PROVIDE FOR ADDITIONAL FEES FOR NON SPAYED OR NON NEUTERED CATS. BE IT ORDAINED by the Council of the City of Waukee; Section 1.Amendment.Chapter 209,Waukee Municipal Code,Regulation of 1 the Licensing,Impounding,Immunization and Keeping of Cats Within the Corporate Limits of the City of Waukee,Iowa,Section 209.2,is hereby iWIended by I L -160 - deleting the first paragraph thereof and inserting in lieu thereof the following: 209.2 License.Every owner of a cat shall procure a cat license from the city clerk on or before the first day of July of each year.The annual license fee shall be $2.50 for each spayed or neutered cat and $5.00 or each non-spayed or non-neutered cat.A penalty of $2.00 per month shall be assessed for failure to pay the license fee when due. so that the section will read as follows: 209.02 License.Every owner of a cat shall procure a cat license from the city clerk on or before the first day of July of each year.The annual license fee shall be $2.50 for each spayed or neutered cat and $5.00 or each non spayed or non-neutered cat. A penalty of $2.00 per month shall be assessed for failure to pay the license fee when due. Upon payment of the license fee,the City Clerk shall issue to the owner a license which shall contain the name of the owner,his place of residence,and a description of the cat.The City Clerk shall keep a duplicate of each license issued as a public record. Upon issuance of the license,the City Clerk shall deliver to the owner a metal tag stamped with the number of the license and the year for which it was issued.The license tag shall be securely fastened to a collar or harness which shall be worn by the cat for which the license is issued.Any cat found running at large without the license tag attached to its collar or harness shall be deemed unlicensed. It shall be a violation of this ordinance for any owner to own or possess a cat within the City of Waukee without obtaining a license in compliance with this section. 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. -161 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 ,1995,and approved this day oC _ 1995. I Claire L.Chedester Mayor Attested: Kurt a Rueckel City Clerk I i I Ii IiI Lihs motioned to have the City Clerk read the first reading on the dug ordinance, second by Gruber.Roll was taken and the following members voted Aye:Lihs. Gruber,Bailey,Duroy.Nays:None.]AN ORDINANCE TO AMEND CHAPTER 208,WAUKEE MUNICIPAL CODE, REGULATION OF THE LICENSING,lMPOUNDING,IMMUNIATION AND KEEPING OF DOGS,BY DELETING THE FIRST PARAGRAPH OF SECTION 209.2 AND INSERTING IN LIEU THEREOF PROVISIONS TO INCREASE THE LICENSE FEE FOR ALL DOGS AND TO PROVIDE FOR ADDITIONAL FEES FOR NON-SPAYED OR NON NEUTERED DOGS. BE IT ORDAINED by the Council of the City of Waukee: Section 1.Amendment.Chapel'208,Waukee Municipal Code,Regulation of the Licensing,Impounding,Immunization and keeping of dogs within the Corporate Limits of the city of Waukee,Iowa,Section 208.2,is hereby amended by deleting the first paragraph thereof and inserting in lieu thereof the following: 208.2 License.Every owner of a dog shall procure a dog license from the city clerk on or before the first day of July of each year.The annual license fee shall be $2.50 for each spayed or neutered dog ami $5.00 or each non- spayed or non-neutered dog.A penalty of $2.00 per month shall be assessed for failure to pay the license fee when due. so that the section will read as follows:1 IL -162 - 208.2 License.Every owner of a dog shall procure a dog license from the city clerk on or before the first day of July of each year.The annual license fee shall be $2.50 for each spayed or neutered dog and $5.00 or each non-spayed or non-neutered dog.A penalty of $2.00 per month shall be assessed for failure to pay the license fee when due. Upon payment of the license fee,the City Clerk shall issue to the owner a license which shall contain the name of the owner,his place of residence,and a description of the dog.The City Clerk shall keep a duplicate of each license issued as a public record. Upon issuance of the license,the City Clerk shall deliver to the owner a metal tag stamped with the number of the license and the year for which it was issued.The license tag be securely fastened to a collar or harness which shall be worn by the dog for which the license is issued.Any dog found running at large without the license tag attached to its collar or harness shall be deemed unlicensed. It shall be a violation of this ordinance for any owner to own or possess a dog within the City of Waukee without obtaining a license in compliance with this section. 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 no adjudge invalid or unconstitutional. Section 4.Effective Date.This ordinance shall be in effect upon its final passage, approval and publication as proved by law. Passed by the City Council of the City of Waukee,Iowa this day of _______________,1995,and approved this day of 1995. Claire L.Chedester Mayor Both Dog and Cat ordinance will be read on the March 6th meeting. _•~~~•.~__~..~-----.J -163 - MAYORS REPORT-The Mayor talked about some Waukee kids who were interviewed in the newspaper on February 13,1995. Des Moines Register is having a meeting with the City of West Des Moines,and Clive the purpose of this meeting is addressing concerns of West Des Moines and Clive citizens.The Mayor would like to like the Dallas County news to come to Waukee and visit with the Waukee citizens and get their input as to what they would like to see in the news regarding Waukee. They Mayor also discussed a letter he received from the DOT. I The Mayor talked about the recent annexation decision. Marilea Morris has resigned from the Utility Committee.They Mayor would like to have the opening for the committee position placed in the newsletter. Attorney's Report-Paul would like to discuss his report in closed session. Utility Committee Councilwoman Lihs discussed the minutes of the previous Utility meeting.She discussed the Burning Ordinance that the committee wanted the Council to review the period set aside for open burning.Councilman Bailey would like this to be taken to the Fire Department to fine tune it a little more.This will be submitted to the Fire Chief'for his recommendations. 1Curbsiderecycling-There will be a meeting on 2/21 with Terry Brooks regarding curb-side recycling and grant money.Then the recycle bin would be purchased at no cost to the citizens and the City of Waukee.We would then resubmit for bids for pickup. Chuck Christianson submitted a curb box and corporation valve proposal.He is concerned about the city being responsible for the curb boxes.Kurt will need to get some more information from what other cities put on the homeowners before an ordinance can be drawn up. Motioned by Lihs to accept the utility committee report,second by Duroy.Roll was taken and the following members voted ayes:Lihs,Duroy,Bailey,Gruber.Motion carried 4 to O. Library Report-Councilman Bailey motioned to accept the minutes from the Library Board Meeting of February 2,second by Lihs.Roll was taken and the following members voted aye:Bailey,Lihs,Duroy,Gruber.Motion carried 4 to O. Public Safety Report-Councilman Gruber told the council that the Fire Department did not get to go to illinois but will attempt to go at a later date. Discussion took place regarding when the firemen are insured.Bailey would like I to see what other cities do. -164 - Gruber motioned to receive the public safety report,second by Bailey.Roll was taken and the following members voted aye:Gruber,Bailey,Lihs,Duroy.Motion carried 4 to O. Administrator's Report -Kurt Rueckel reported Toni Lestina was in the hospital. Kurt discussed the preparation of the budget which will be discussed further on Wednesday nights meeting.Bailey discussed property taxes and his feelings regarding lowering the rate. Public Works Report -John Wesselmann discussed the hopes of repairing N orth- view and Third Streets.Inspection of the Gas Department by the Iowa Depart- ment of Transportation went very well.There were no violations.John will be talking with Des Moines Water Works about the proposed booster station on 156th street.John also mentioned distributing surveys.John has ordered the hydraulic speed shoring. Motion by Duroy to authorize the purchase of emergency exit air packs for $3,045.00,second by Lihs.Roll was taken and the following members voted Aye: Duroy,Lihs,Gruber,Bailey.Nays:None.Motion carried 4 to O. Motion by Gruber,seconded by Duroy to get bids on the the pressure washer and have the information ready for the next council meeting.Roll was taken and the following members voted Aye:Gruber,Duroy,Bailey,Lihs.Nays:None.Motion carried 4 to O. Motion by Lihs,second by Duroy to accept the public works report.Roll was taken and the following members voted Aye:Lihs,Duroy,Bailey,Gruber.Nays:None. Motion carried 4 to O. Motion by Lihs to go into closed session,under section 21.1C,second Duroy.Roll was taken and the following members voted Aye:Lihs,Duroy,Gruber,Bailey. Nays:None.Motion carried 4 to O.Moved into closed session at 9:21 P.M. Motion to come out of closed session at 10:15 P.M.by Bailey,seconded by Duroy, upon roll call the following voted Aye:Bailey,Duroy,Lihs,Gruber.Nays:None. Motion to go into closed session for a personnel issue,under Section 21.5 1 (I), Lihs,seconded by Duroy.Upon roll call the following voted Aye:Lihs,Duroy, Gruber,Bailey.Nays:None. Motion by Duroy,seconded by Lihs to come out of closed session at 10:37,roll call was taken and the following voted Aye:Duroy,Lihs,Bailey,Gruber.Nays:None. Motion by Gruber,seconded by Duroy to adjourn at 10:38 P.M.,upon voice vote the following members voted Aye:Gruber,Duroy,Lihs,Bailey.Nayes:None. ~~~Attest:Claire L:Chedester,Mayor Kurt A.Rueckel,Clty Clerk