HomeMy WebLinkAbout1995-02-20-Regular Minutesr-----~·-----------
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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.
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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.
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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:
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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.
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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,
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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