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Home My WebLink About1995-03-06-Regular Minutes-165 - THE MARCH 6TH,1995 WAUKEE CITY COUNCIL MEETING WAS CALLED TO ORDER AT 7:00 BY MAYOR CHET CHEDESTER WITH KURT RUECKEL TAKING MINUTES.IEVERYONEINATTENDANCERECITEDTHEPLEDGEOFALLEGIANCE. ROLL CALL WAS TAKEN AND THE FOLLOWING CITY COUNCIL MEMBERS WERE PRESENT:DON BAILEY,JR.,FRANK DUROY,AND MONICA UHS.ABSENT: TERRY STRAIN AND NICK GRUBER. AGENDA ADDITIONS:MONICA LIHS STATED THAT KURT RUECKEL WOULD COVER THE SOIITHFORK MEETING UNDER THE ADMINISTRATOR'S REPORT. THE SPECIAL BILL PRESENTATION WILL BE BROUGHT TO THE NEXT COUNCIL AGENDA WHERE THERE ARE THREE COUNCILMEN BESiDES FRANK DUROY. OPEN FORUM:NONE LI HS TOCONSENTAGENDA:MOTION BY COUNCILMAN DUROY,SECONDED BY ACCEPT THE CONSENT AGENDA AS FOl.LOWS: A.3/6/95 COUNCIL MINUTES B.BILLS SAI.ARY RELATED EXPENSES OE $25,522.14. DUROY,UHS,AND BAILEY.NAYS:NONE. PAYROLL ROBERT BARRETT GREGORY BREUER CHARLES CHRISTIANSON JAMES DEWITT,JR. ROBERT EVANS ELIZABETH FORD PATRICIA GERLOVICH LISA M.GUKEISEN-THIELEN ROBERT HERRICK KENNETH HOPPER ROBIN HORKEY HARRY JONES TONI LESTINA LINDA MACK LARRY PHILLIPS TIMOTHY ROVE R KURT RUECKEL JENNIFER RYNEARSON SCOTT THOMAS JOY TOFTE LAND DIANNA VANZEE JOHN HESELMANN DANNY WH ITE HAUKEE COMM COOP CU UNIPAC SERVICE CORP JOllA STATE BANK BRENTON STATE BANK TREASURER -STATE OF BANK IPE RS IPERS TOTAL OF $89,781.81 AND SALARIES AND VOICE ROLL liAS TAKEN.AYES: MOTION APPROVED. $500.91 817.23 6911.61 600.58 676.73 521.67 66.112 123.46 1198.35 580.74 591.89 819.58 522.39 559.93 934.71 537.09 1067.69 117.06 583.29 505.117 559.12 584.86 7.37.42 502.81 115.00 250.00 4752.05 1861.88 2106.08 2733.12 I I $25522.111 BILL PRESENTATION AT&T ALLIANCE MEDICAL AMERICAN SPEEDY PRINT. ARATEX SERVICES,INC. BANKERS TRUST CO. BATTERY PATROL BLUE CRoss/BLUE SHIELD BRODART COMPANY BROWN SUPPLY CO.,INC. CARPENTER UNIFORM CO. CHICAGO &NORTH WESTERN CLASSIC FLORAL &GIFTS COpy SYSTEI~,INC. DMACC DALLAS COUNTY MILLWORK DALLAS COUNTY NEWS DARE AMERICA DAWSON DELTA FRANG.AMMUN. DEMCO DM REGISTER DM STAMP MFG.CO. DM vlATER WORKS DRUG IDENT.BIBLE ELECTRICAL ENGIN. ELECTRONIC ENGIN. ELRICK,DOUG EMERG.MEDICAL PROD. FULLER STANDARD SERVo GAS PRODUCTS SALES GROEBNER &Assoc. GRUBER,MARK L. HALLETT MATERIALS HARTMAN,RON &JANE HERMAN M.BROWN CO. HUSCHER,PAUL HUSCHER,PAUL HUTCHINSON SALT CO. INST.PUBLIC AFFAIRS IA COMM.NETlWRK IA COMM.POOL ADMIN. IA FIRE EQUIP.CO. MIDWEST POWER IA SIGNAL &ELECT.CO. IA STATE UNIVFRSITY J.P.COOKE CO. K-L AUTO PARTS LEASE CONSULT.CORP. MACK,liNDA MADISON NATIONAL LIFE MARTIN MARIETTA AGGREG MCGRUFF SAFE KIDS MIDNIGHT PUBLISHING -166 - LONG DISTANCE CALLS REGULATOR OFFICER'S SHIFT SUMMARY ENTRANCE MAT CLEANING P&I DEPOSIT/RESERVE ACCT. CHARGER,BATTERIES INSURANCE CASSETTE POUCHES GUTTER BROOMS,PAINT,['LAGS JUMPSUITS 6"GAS LINE EASEMENT RENTAL FLOWERS MONTHLY COPIER MAINT. EMT AMBULANCE -B.CURTIS BATHROOM DOOR LOCK PUBLICATIONS/SALES AD T-SHIRTS f1ATERIAL AMMUNITION BOOK COVERS/HANGER BAGS SUBSCRIPTION PERMA STAMP USAGE 1/24 -2/23 DRUG IDENT.BIB. STREET LIGHT REPAIR QUARTERLY PAGING COMPUTER HARD DRIVE REPAIR YANKAUER SUCTION TIP FULLER PURCHASES FUSION BUSH.SLEEVE/REG. TEST PLUGS BLDG.PERMITS ICE CONTROL SAND CITY HALL CLEANING SAVER SEGMEN RETAINER/PROF.SERVo PROFESSIONAL SERVo MEDIUM ROCK YPS IA.MUNICIPAL MANAGEMENT ICN SERVICE JOHN DEERE LOADER ENDORS FIRE EXTINGUISHER Li GHTS SIGNAL LIGHT REPAIR MUNI CLERKS'INSTITUTE liCENSES PARTS LEASE PAYMENT #23 VIINDOW BLINDS PREMIUM ROAD STONE SAFE KIDS I.D.KITS SLIDE PROCESSING 46.01 179.40 114.80 39.34 37,867.00 194.80 8,294.68 21.98 291.00 185.85 180.00 30.00 37.59 396.90 30.00 402.08 836.23 26.37 228.00 44.92 84.50 21.00 10,424.89 34.45 83.17 91.49 391.48 13.50 22.70 1,439.41 151.87 242.50 337.87 400.00 64.00 2,347.50 100.00 634.62 235.00 3.91 77.00 189.82 5,373.69 85.80 150.00 67.31 529.16 72.31 27.49 210.35 243.34 474.95 15.00 MIDWEST BUSINESS PROD. MUNICIPAL SUPPLY NATIONAL INFORM.DATA NATIONAL PUBLIC SAFETY NETIOWA INC. NORTHERN MUNICIPAL O'HALLORAN INTERN. OLSON BROTHERS PHYSICIANS DESK REFER. PAYLESS CASHWAYS,INC. PITNEY BOWES,INC. PROSECUTING ATTORNEYS QUALITY FORD OF W.D.M. REDDEN-11ILl.ER,INC. SAFETy-KLEEN CORP. STATE HISTORICAL SOC. STEINKE,KURT THE BLDG.INSPECTORS THE WALL STREET JOURNAL TOErELAND,JOY UNITED STATES CELLULAR U.S.POSTAL SERVICE U.S.WEST CELLULAR U.S.WEST COMMUNICATIONS UTILITY CONSULTANTS UTILITY SUPPLY OF AMER. VAN lEE,DIANNA VEENSTRA &KIMM VISA WASTE MANAGEMENT OF IA WATERPRO SUPPLIES CORP. WAUKEE HARDWARE WAUKEE MINI STORAGE WAUKEE MUNICIPAL GAS WITYK,DEBRA -167 - CLOCK,NOTE PADS TOUCHPADS,METERS,WIRE MA TE RIAL PUBLICATION MONTHLY INTERNET SERVICE LITIGATION DUES CLAMP RIM T I RES,TUBE,PURCHASES PHYSICIANS DESK REEER. TOOLS METER RENTAL TO 6/30/95 OWl/MAJOR TRAFEIC OFFENS. LUBE,OIL &FILTER,TIE ROD 110NTHLY COPIER MAINT.,REPAIR CLEANING SUPPLIES MA TERIAL STATE FIRE REPORTS BUILDING PERMITS WALL STREET JOURNAL SUBS EXPENSES CELLULAR SERVICE STAMPS CELLULAR SERVICE SERVICE LABORATORY TESTING BOLT RATCHET SET FOLDERS,NEWSLETTER HOLDER SERVICES CONF.SERV./OFFICE DEPOT CONTAINER PICKUP 11ISC.SUPPLIES PURCHASES STORAGE RENTAL GAS SERVICE LIBRARY CLEANING 33.55 2,371.05 46.90 75.00 30.00 1,693.00 20.00 552.24 67.62 52.18 59.25 20.00 194.45 311.89 75.00 20.50 75.00 1,388.00 164.00 12.74 143.47 458.03 30.30 659.89 200.00 324.68 25.78 2,719.37 636.82 749.47 24.40 266.25 45.00 319.86 120.00 ) I $89,781.81 COUNTRY CLUB WOODS PLAT IQ,PAT SHEPPARD OF CIVIL ENGINEERING CONSULTANTS ADDRESSED THE COUNCIL.IT WAS NOTED IN THE AGREEMENT THAT BOONE DRIVE WOULD BE PAVED ALONG WITH PLAT 2 AND THAT THE DEVELOPERS WOULD GO ALONG WITH ANY SPECIAL ASSESSMENT PROJECT THAT WOULD BE DONE BV THE CITY TO PAVE BOONE DRIVE.THERE WAS ALSO DISCUSSION ABOUT THE EASEMENT TO ALLOW ACCESS THROUGH THE DEVELOPMENT TO THE SCHOOL. MOTION TO APPROVE THE PRELIMINARY PLAT OF COUNTRY CLUB WOODS PLAT 4 SUBJECT TO THE AGREEMENT AND PETITION AND WAIVER BY DUROY,SECONDED BY BAILEY.(RESOLUTION #330),ROLL CALL \1AS TAKEN:AYE,DUROY,BAILEY, AND LIHS.NAYS:NONE.NOTION CARRIED 3 TO 0. / MOTION TO ADD WORDING "8 INCHES OF REINFORCED OR 9 INCHES OF NON- REINFORCED CONCRETE"AND ATTACH TO THE PETITION AND WAIVER EXHIBT A. (THIS WAS DISCUSSED LATER IN THE MEETING.BAILEY,SECONDED BY DUROY. ROLL CALL WAS TAKEN.AYES:BAILEY,DUROY,LIHS.NAYS:NONE IIOTION CARRIED 3 TO 0.I WINDFIELD PLAT 5,JOHN KURSITIS STATED THAT THE CONSTRUCTION PLANS MET ALL THE PROVISIONS THAT WERE REQUESTED AND THE PLANS ARE -168 - SATISFACTORY.LIHS EXPRESSED HER CONCERNS ABOUT THE DETENTION AREAS. KURSITIS STATED IT WOULD BE A PART OF THE FINAL PLAT.MOTION BY BAILEY,SECONDED BY DUROY TO ACCEPT THE CONSTRUCTION PLANS FOR WI NDF IE LD PLAT 5.(RESOLUTION #331>.A ROLL CALL liAS TAKEN:AYES, BAILEY,DUROY,LIHS.NAYS,NONE.MOTION CARRIED 3 TO 0. HICKMAN WEST INDUSTRIAL PARK TIF BONDS:TOM MEHL OF RUAN SECURITIES TALKED ABOUT THE $790,000 BOND ISSUE FOR THIS PROJECT,WHICH INCLUDING $37,692.50 TO REIMBURSE THE CITY.THIS BOND ISSUE SHOULD BE PAID OVER IN 2010.MOTION BY DUROY,SECOND BY LIHS TO SET A HEARING DATE FOR MARCH 20TH,1995 AT 6:45 AT THE CITY HALL.AYES:DURaY,LIHS, BAILEY.NAYS:NONE.MOTION CARRIED 3 TO 0. MOTION BY BAILEY,SECONDED BY LIHS TO SIGN THE LETTER OF INTENT.A ROLL CALL WAS TAKEN,AYEs:BAILEY,LIHS,DUROY.NAYS:NONE. MOTION CARRIED 3 TO 0. 8TH AND CHERRY REZONING:KURT RUECKEL DISCUSSED THE TWO AGREEMENTS WHICH LIMIT THE REZONING FOR A PERIOD OF TIME.JERRY ALT ASSURED THE COUNCIL THAT THEY AGREE THAT IF APPLICATIONS ARE NOT BEING ACCEPTED IT DOES NOT MEAN THEY GET AN AUTOMATIC EXTENSION.RICK Ross STATED THEY WOULD BE SEEKING FUNDS UNDER THE TAX CREDIT PROGRAM AND THE IOWA HOUSING AUTHORITY.THE YEAR TO BE FROM THE DATE OF PASSAGE.AFTER A BRIEF DISCUSSION AND MINOR CHANGES TO THE AGREEMENT,A MOTION BY DUROY,SECONDED BY LIHS 10 HAVE THE CLERK READ THE ORDINANCE AND ATTACH THE AGREEMENT.(RESOLUTION #332l.A ROLL CALL WAS TAKEN:AYES: DUROY,LIHS,BAILEY.NAYS'NONE.MOTION CARRIED 3 TO 0. AGREEMENT IT IS AGREED BY AND BEn/EEN STEPHEN R.GRUBB CONSTRUCTION,INC., HEREINAFTER CALLED DEVELOPER,AND THE CITY OF WAUKEE,IOWA,UNDER THE PROVISIONS OF SEC.414.5,CODE OF IOWA,AS AMENDED,THAT THE CITY OF WAUKEE,IOWA WILL AMEND ITS ZONING ORDINANCES FROM R-2 TO R-3 AS TO THE FOLLOWING DESCRIBED REAL ESTATE: 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.t1.,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 LINF OF CHERRY STREET EXTENDED;THENCE NORTH 89 DEGREES,40 MINUTES,00 SECONDS EAST ALONG THE SOUTH LINE CHERRY STREET EXTENDED,716.00 FEET TO THE EAST LINE OF 8TH STREET;THENCE SOUTH 00 DEGREES 29 MINUTES 00 SECONDS 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 MINUTES 00 SECONDS 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. AND THAT SUCH AMENDMENT SHALL BE CONDITIONED UPON SAID PROPERTY BEING DEVELOPED AS SET FORTH IN THE PROPOSAL OF THE DEVELOPER PRESENTED TO THE CITY COUNCIL AT ITS MEETING JANUARY 23,1995,AND AS ON FILE WITH -169 - THE CITY OF WAUKEE,IOWA.A CONDITION OF SAID REZONING IS THAT THE DEVELOPER SHALL LIMIT THE DEVELOPMENT OF SAID PROPERTY TO HOUSING FOR THE ELDERLY,AS THAT TERM IS CONTEMPLATED UNDER VARIOUS GOVERNMENT PROGRAMS INCLUDING,BUT NOT LIMITED TO,PROGRAMS,SECTION 202 DIRECT LOAN PROGRAMS,AND OTHER PROGRAMS AVAILABLE UNDER U.S.HOUSING ACT OF 1937 AND THE HOUSING ACT OF 1959,NATIONAL HOUSING ACT,AND NATIONAL AFFORDABLE HOUSING ACT,AS AMENDED,AND SiMILAR FEDERAL HOUSING PROGRAMS WHICH MAY BE AVAILABLE FROM TIME TO TIME.SUCH CONDITIONS SHALL BE STATED IN ANY SUBDIVISION PLAT OF SAID PROPERTY AND ANY TRANSFER OF SAID PROPERTY AS A COVENANT RUNNING WITH THE LAND. I A FURTHER CONDITION OF SAID REZONING IS THAT IF THE DEVELOPER FAILS TO ATTEMPT TO MAKE APPLICATION FOR APPROVAL OF GOVERNMENT PROGRAMS EACH YEAR,OR IF THE DEVELOPER FAILS TO SECURE PRELIMINARY PLAT DR SITE PLAN APPROVAL TO DEVELOP SAID REAL ESTATE AS SET FORTH WITHIN THREE 131 YEARS OF SUCH RE-ZONING,THE PROPERTY WILL REVERT TO R-2.IT SHALL BE THE RESPONSIBILITY OF THE DEVELOPER TO FURNISH EVIDENCE TO THE WAUKEE CITY COUNCIL OF EFFORT TO SECURE APPROVAL AND COMPLIANCE WITH GOVERNMENT PROGRAMS HEREINABOVE REFERRED TO EACH YEAR, FOR EACH APPLICATION,OR TO NOTIFY THE CITY THAT SAID APPLICATIONS ARE NOT BEING ACCEPTED.THE DEVELOPER SHALL BE RESPONSIBLE FOR REQUESTING AN EXTENSION OF THE ZONING THIRTY 1301 DAYS PRIOR TO THE THREE-YEAR ANNIVERSARY OF THE SIGNING OF THE AGREEMENT.THE COUNCIL WILL CONSIDER EVIDENCE PRESENTED BY THE DEVELOPER IN DETERMINING WHETHER OR NOT TO GRANT ANY EXTENSION OF TIME TO THE DEVELOPER IN THE EVENT AN APPLICATION FOR SUCH EXTENSION IS MADE. I/WE,THE DEVELOPER HEREBY AGREES/AGREE TO ALL OF THE ITEMS AND CONDITIONS OF THIS AGREEMENT.1 STEPHEN R.GRIJBB CONSTRUCTION,INC. BY,,-__-::----=-__-::-_ STEPHEN R.GRUBB,PRESIDENT EXECUTED ON BEHALF OF THE CITY OF WAUKEE,IOWA: CLAIRE L.CHEDESTER NAY 0 R ATTESTED: KURT A.RUECKEL,CITY CLERK ORDINANCE NO.2200 AN ORDINANCE TO ANEND CHAPTER 301,WAIJKEE NIJNICIPAL CODE,ZONING ORDINANCf Of THE CITY Of WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN fRON R-2 (ONE AND TWO fANILY RESIDENTIAL DISTRICT)TO R-3 (MULTI-FAMILY RESIDENTIAL DISTRICT)AND ANENDING THE OFFICIAL ZONING NAP TO SHOW RE-ZONING.1BEITORDAINEDBYTHECOUNCILOFTHECITYOFWAUKEE: SECTION 1.SECTION 301.4 OF CHAPTER 301,WAUKEE MUNICIPAL CODE, ZONING ORDINANCE OF THE CITY,ADOPTING THE OFFICIAL ZONING MAP,IS -170 - 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 MINUTES,AND 00 SECONDS EAST ALONG THE SOUTH LINE OF CHERRY STREET EXTENDED,716.00 FEET TO THE EAST LINE OF 8TH STREET;THENCE SOUTH 00 DEGREES,29 MINUTES,00 SECOND 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 MINUTES,00 SECONDS,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. SECTION 2.REPEALER.ALL ORDINANCES OR PARTS OF ORDINANCES IN CONELICT 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 6TH DAY OF MARCH,1995,AND APPROVED THIS 6TH DAY OF MARCH,1995. CLAIRE L.CHEDESTER MAY 0 R ATTESTED: KURT A.REUCKEL,CITY CLERK MOTION BY DUROY,SECOND BY LIHS TO PUT ORDINANCE No 2200 ENTITLED 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. ROLL CALL CARRIED 3 PASSED. viAS TAKEN:AYES:DUROY,LIHS,BAILEY.NAYS:NONE.MOTION TO 0.THE MAYOR DECLARED THE ORDINANCE DULY ADOPTED AND -171 - IT WAS DISCUSSED LATER IN THE MEETING THAT THE DEVELOPERS WILL DO FLOW STUDY PRIOR TO THE PRELIMINARY PLAT.ILIABILITYINSURANCE,THE PROPOSAL FROM CENTRAL COMPANIES INSURANCE. AFTER A BRIEF DISCUSSION THE COUNCIL ASKED MARK CURRIE TO ANSWER THE FOLLOWING QUESTIONS AND BRING IT BACK TO THE COUNCIL ON 3/20/95,ARE THE VOLUNTEERS COVERED DRIVING THEIR OWN CARS TO THE FIRE? REQUEST TO SEEK BIDS-AUDIT,ROBERT BARRETT ASKED THE CITY COUNCIL PERMISSION TO SEEK BIDS FOR THE ANNUAL AUDIT.MOTION BY DUROY,SECOND BY LIHS TO GRAND PERMISSION TO SEEK BIDS.ROLL CALL WAS TAKEN'AYES' DUROY,LIHS,BAILEY.NAYS,NONE.MOTION CARRIED 3 TO 0. THE COUNCIL NOW MADE THE MOTION TO AMEND THE AGREEMENT FOR COUNTRY CLUBS WOODS. EQUIPMENT PURCHASE -FIRST RESPONDERS,MOTION BY BAILEY,SECONDED BY DUROY TO PURCHASE A PULSE OXYSIMETER FROM EMERGENCY MEDICAL PRODUCTS IN THE AMOUNT OF 4750.ROLL CALL WAS TAKEN,AYES,BAILEY,DUROY, LIHS.NAYS,NONE.MOTION CARRIEO 3 TO 0. EQUIPMENT PURCHASE -PRESSURE WASHER,THIS ITEM WAS TABLED UNTIL THE BUDGET HEARING FOR ORDER TO GET ADDITIONAL BIDS. SESQUICENTENNIAL RESOLUTION -MOTION BY AOOPT RESOLUTION,FORM A COMMITTEE AND FNDORSEMENTS.ROLL CALL WAS TAKEN' NAYS,NONE.t~OTlON CARRIED 3 TO 0. BAILEY,SECONDED BY LIHS TO TO APPLY FOR ANY GRANTS OR AYES,BAILEY,LIHS,DUROY.] CAT ORDINANCE -MOTION BY DUROY TO ORDINANCE ON ITS FINAL PASSAGE, TAKEN,AYE'DUROY,LIHS,BAILEY. WAIVE THE THIRD READING AND PUT THE SECONDED BY LIHS.ROLL CALL WAS NAYS'NONE.['lOTION CARRIED 3 TO 0. ORDINANCE NO.2201 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 THE LICENSING,IMPOUNDING,IMMUNIZATION AND KEEPING OF CATS WITHIN THE CORPORATE LIMITS OE THE CITY OF WAUKEE,IOWA,SECTION 209.2,IS HEREBY AMENDED BY 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 -172 - 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 DAILURE TO PAY THE LICENSE FEE WHEN DUE. SO THAT THE SECTION WILL READ AS FOLLOWS, 209.2 LICENSE.EVERY OWNER OF A CAT SHALL PROCURE A CAT LICENSE FROM THE CITY CLERK ON OR BEFORE THE FIRST DAY 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.THF 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. OR PART OF THIS ORDINANCE SHALL UNCONSTITUTIONAL,SUCH ADJUDICATION SHALL THE ORDINANCE AS A WHOLE OR ANY SECTION, NOT ADJIJDGED INVALID OR UNCONSTITUTIONAL. IF ANY SECTION,PROVISION BE ADJUDGED INVALID OR NOT AFFECT THE VALIDITY OF PROVISION,OR PART THEREOF SECTION 4.EFFECTIVE DATE.THIS ORDINANCE SHALL BE IN EFFECT UPON ITS FINAL PASSAGE,APPROVAL AND PUBLICATION AS PROVIDED BY LMI. PASSED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA,THIS 6TH DAY OF MARCH,1995,AND APPROVED THIS AND APPROVED THIS 9TH DAY OF MARCH, 1995. ATTESTED,CLAIRE L.CHEDESTER MAY 0 R KURT A.RUECKEL CITY CLERK -173 - MOTION TO PUT THE ORDINANCE #2201 ENTITLED 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 CAT,UPON ITS FINAL PASSAGE, SECONDED BY LIHS.ROLL CALL WAS TAKEN:AYEs:DUROY,LIHS,BAILEY. NAY.NONE.MOTION CARRIED:3 TO 0. DOG ORDINANCE ON ITS FINAL BAILEY,LIIiS, -MOTION BY BAILEY TO WAIVE PASSAGE,SECONDED BY LIHS. DUROY.NAYS:NONE.MOTION THE THIRD READING AND ROLL CALL WAS TAKEN. CARRIED 3 TO 0. PUT IT AYEs: ORDINANCE NO.2202 AN ORDINANCE TO AMEND CHAPTER 208,WAUKEE MUNICIPAL CODE,REGULATION OF THE LICENSING,IMPOUNDING,IMMUNIZATION 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.CHAPTER 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 AND $5.00 OR EACH NON SPAYED OR NON NEUTERED DOG.A PENALTY A $2.00 PER MONTH SHALL BE ASSESSED FOR FAILURE TO PAY THE LICENSE FEE WHEN DUE. SO THAT THE SECTION WILL READ AS FOLLOWS. 208.2 LICFNSE.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 DR NEUTERED DOY 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. I -174 - UPON ISSUANCE OF THE LICENSE,TH~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 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 A A WHOLE OR ANY SECTION,PROVISION,OR PART THEREOF NOT ADJUDGED INVALID OR UNCONSTITUTIONAL. SECTION 4. EFFECT UPON ITS LA\i. EFFECTIVE DATE.THIS ORDINANCE SHALL BE IN FINAL PASSAGE,APPROVAL AND PUBLICATION AS PROVIDED BY PASSED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA,THIS 6TH DAY OF MARCH,1995,AND APPROVED THIS 9TH DAY OF MARCH,1995. ATTESTED:CLAI RE L.CHEDESTER MAY 0 R KURT A.RUECKEL CITY CLERK MOTION TO PUT THE ORDINANCE #2202 ENTITLED REGULATION OF THE LICENSING,IMPOUNDING,IMMUNIZATION 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,UPON ITS FINAL PASSAGE AND ADOPTION BY DUROY,SECONDED BY LIHS.ROLL CALL WAS TAKEN: AYES:DUROY,LIHS,BAILEY.NAYS:NONE.MOTION CARRIED 3 TO 0. DEVELOPER'S FEES -COUNCILMAN BAILEY AND THE CITY COUNCIL DISCUSSED DEVELOPER'S FEES AND THAT THE CITY HAS NOT ASKED FOR REIMBURSEMENT OF ENGINEER'S FEES IN THE RECENT PAST. MAYOR'S REPORT -THE MAYOR DISCUSSED HOW THE CITY IS DOING MEETING THE AUDITOR'S COMMENTS FROM LAST YEAR.HE ALSO DISCUSSED THE RECODIFICATION -ONLY THE ZONING ORDINANCE AND THE TRAFFIC ORDINANCE ARE LEFT TO FINISH. -175 - ATTORNEY'S REPORT -PAUL HUSCHER ADDRESSED A LETTER THAT WAS RECEIVED FROM ARTISTIC REGARDING STARTING TRASH COLLECTION.BECAUSE THE COUNCIL HAS NOT APPROVED THE BIDS,NO ACTION WAS TAKEN. ENGINEER'REPORT -JOHN KURSITIS OF V &K UPDATED THE COUNCIL ON THE HICKMAN SEWER SPECIAL ASSESSMENT PROJECT. PLANNING AND ZONING COMMISSION REPORT -COUNCILMAN DUROY ADDRESSED THE COUNCIL ABOUT THE WINDFIELD II PRELIMINARY PLAT.THE COUNCIL EXPRESSED THEIR CONCERNS ABOUT ANOTHER ACCESS OUT OF THE MOBILE HOME PARK,DRAINAGE,AND A BOUNDARY DISPUTE BETWEEN THE DEVELOPERS AND THE MOBILE HOME PARK.COUNCILMAN DUROY ALSO BRIEFED THE COUNCIL ABOUT THE GOPHER HOLLOW PRELIMINARY PLOT.BOTH ISSUES WILL BE DISCUSSED AT THE NEXT COUNCIL MEETING. UTILITY COMMITTEE REPORT -COUNCILWOMAN LIHS ANNOUNCED THAT THE CITY HAD RECEIVED 110,000 FOR RECYCLING FROM NORTH DALLAS COUNTY LANDFILL. LIBRARY REPORT FROM FEBRUARY AUTOMATION FUND -COUNCILMAN BAILEY STATED OF 94.FUNDS OF 18,555 DRIVE. THAT HAVE CIRCULATION IS 25.48% BEEN RAISED FOR THE ADMINISTRATOR'S REPORT -KURT RUECKEL STATED THAT 1,500 COPIES OF THE NEWSLETTER WERE MAILED OUT,BUT THAT HE WILL SEEK QUOTES TO HAVE IT PRINTED AND FOLDED OUT OF HOUSE NEXT TIME.HE ALSO REMINDED THE COUNCIL OF THE BUDGET HEARING SCHEDULED FOR MONDAY,MARCH 13TH.KURT ALSO SUMMARIZED THE SOUTHFORK HOMEOWNERS'MEETING THAT WAS HELD ON SUNDAY.I MOTION TO ADJOURN AT 9:55 P.M. VOICE VOTE MOTION WAS CARRIED BY BAILEY,SECONDED BY DUROY.AFTER A'W~e~ ~~L (HEDESTER,MAYOR ATTEST: KURT A RUECKEL,CITY CLERK I