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HomeMy WebLinkAbout1998-10-05-Regular MinutesThe October 5,1998 Waukee Council meeting was called to order at 7:00 p.m.by Mayor Donald L.Bailey,Jr. Roll Call.The Mayor asked for a roll call vote and the following Council Members were present: Marvin Berger,Don Bailey,Robyn Heath,Bill Peard,Larry Lyon.Absent:Nick Gruber. Open Forum.Jay Oxenford,MWMH Lot 866,asked about possibly moving up the Public Safety Committee meeting to an earlier date. Agenda Additions -Agenda Approval.Motion by Councilman Berger,seconded by Councilman Lyon,to approve the agenda.The Mayor asked for a roll call to approve the agenda: Ayes:Berger,Lyon,Peard,Heath.Nays:None.Motion passed 4 to O. Consent Agenda.Motion by Councilman Peard,second by Councilman Lyon,to approve the consent agenda.A)Council Minutes 9/21/98 &9/28/98;B)Salary Presentation;and C) Permission to seek bids for liability insurance.The Mayor asked for a roll call vote:Ayes:Peard, Lyon,Heath,Berger.Nays:None.Motion passed 4 to O. SALARY PRESENTATION OCTOBER 5,1998: CHECK#VENDORNAME 930982 Brenton State Bank 930981 Brenton State Bank. 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton State Bank 930981 BrentonStateBank 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton State Bank 930981 Brenton state Bank 37035 Breuerm Gregory A 3703 6 Daggett,William J 37057 DeZeeuw,David S 37037 Evans,Cyndi 37038 Evans,Robert S 37058 Fetterman,Gregory S 37040 Flater,Patrick J 37041 Ford,Elizabeth A 37039 Gibson,John R 37042 Herrick.Robert D 37042 Herrick,Robert D 37043 Horkey,RobinR 37044 Keller,Christopher M 37044 Keller,Christopher M 930982 Liberty Savings Bank 37045 Leatina,Toni 37046 Mack,Linda M 37059 Williams,Valerie J 37060 Perkins,Leland E AMOUNT 100.00 2691.90 249.85 121.48 81.00 253.95 89.91 2875.82 275.10 100.64 G7.l0 344.28 125.42 672.56 64.34 23.54 15.68 80.50 29.34 1245.73 991.10 848.55 246.77 927.52 816.18 679.26 737.10 1088.79 561.44 374.32 902.94 256.70 256.71 350.00 608.77 825.16 171.37 441.57 37047 Phillips.Larry J 37048 Popp,Shawn D 37049 Royer,Tim 37050 Rueckel,Kurt A 37051 Ryan,Lawrence W 930986 Security state Bank 37052 Tofteland,Joy E 37053 Van Zee.Dianna 930984 Telco Community Credit Un 930984 Telco Community Credit Un 37054 White,Danny L 37055 Wilson,Charlene 37056 Winters,Troy 1248.69 839.90 893.21 1161.64 1067.45 500.00 718.87 509.41 255.00 100.00 840.64 615.09 677.51 ) ) j Purchase Updated Software -Police Department.Motion by Councilman Lyon,second by Councilman Peard,to approve the purchase of Sleuth for Windows for an amount not to exceed $9,825.00.The Mayor asked for a roll caIl vote:Ayes:Lyon,Peard,Berger,Heath.Nays:None. Motion passed 4 to O. Approval of Bids -Public Safety Building.Motion by Councilman Lyon,second by Councilwoman Heath,to accept alternate #1 (Add $190,000)training facility.The Mayor asked for a roll call vote:Ayes:None.Nays:Lyon,Heath,Peard,Berger.Motion failed 0 to 4. Motion by Councilman Berger,second by Councilman Peard,to accept base bid from Denis Della Vedova,Inc.,of Albia,Iowa,for $2,367,000;and alternate #2(Add $46,000)completion of detention area.The Mayor asked for a roll call vote:Ayes:Lyon,Heath,Peard,Berger.Nays: None.Motion passed 4 to O. ) )Motion by Councihnan Peard,second by Councilwoman Heath,to accept alternate #3 (Deduct $6,000)casework &equipment in laboratory #110 &dark room #111;alternate #4(Add $6,900) all appliances specified in section 11450;#5(Deduct $10,000)deduct casework,mechanical fixtures &equipment,and electrical fixtures for misc.rooms;#6(Deduct $24,000)substitute buff colored brick for buff colored stone;#7(Deduct $3,900)substitute vinyl exterior windows for aluminum exterior windows;#8(Add $4,500)substitute hollow metal doors and frames for aluminum doors and frames in Vestibule and Lobby.The Mayor asked for a roll call vote:Ayes: None.Nays:Peard,Heath,Lyon,Berger.Motion failed 0 to 4. Ordinance to Rezone Carper's Ridge -2ND Reading.Motion by Councilman Peard,second by Councilman Lyon,to have the City Clerk read the ordinance for the second time in title only.The Mayor asked for a roll caIl vote:Ayes:Peard,Lyon,Heath,Berger.Nays:None.Motion passed 4 to O. Ordinance to Rezone Carper's Ridge -3RD Reading &Final Passage.Motion by Councihnan Lyon,second by Councilman Berger,to waive the third reading and place the ordinance on final passage.The Mayor asked for a roll call vote:Ayes:Lyon,Berger,Heath,Berger.Nays:None. Motion passed 4 to o. Carper's Ridge contains 19.91 acres and is located along the northeast corner of Waukee City limits,at the northeast corner of Alice's Road and Douglas Avenue.) J) ORDINANCE NO.2256 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE, ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-I (AGRICULTURAL DISTRICT) TO C-I (COMMUNITY AND HIGHWAY SERVICE COMMERCIAL DISTRICT)AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING. BE IT ORDAINED by the Council of the City of Waukee: Section 1.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City,adopting the Official Zoning Map,is hereby amended by changing the following described real estate from A-I (AGRICULTURAL DISTRICT)TO C-I (COMMUNITY AND HIGHWAY SERVICE COMMERCIAL DISTRICT),and that the Official Zoning Map be made to reflect such amendment: A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 23, TOWNSHIP 79 NORTH,RANGE 26 WEST,OF THE 5TH PRINCIPAL MERIDIAN, CITYOFWAUKEE,DALLAS COUNTY,IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SWY.SWY.,THENCE ALONG THE SOUTH LINE OF SAID SW Y.SW Y.N89°30'2TW,A DISTANCE OF 294.63 FEET TO THE POINT OF BEGINNING THENCE NOoo08'36"W,A DISTANCE OF 3 85.56 FEET TO A POINT ON THE NORTH LINE OF A FORMER RAILROAD RIGHT -OF-WAY EXTENDED,THENCE ALONG SAID NORTH LINE AND A BOUNDARY LINE FENCE THE FOLLOWING THREE COURSES: 1.N47°34'03"E,A DISTANCE OF 519.08 FEET; 2.ALONG A CLOCKWISE CURVE HAVING A RADIUS OF 670.30 FEET,A DELTA OF 27°07'55",AN ARC LENGTH OF 317.41 FEET; 3.N74°41'56"E,A DISTANCE OF 389.79 FEET TO A CORNER POST ON THE EAST LINE OF SAID SWY.SWY.,THENCE ALONG SAID EAST LINE S00023'26"W.A DISTANCE OF 997.61 FEET TO A POINT ON THE SOUTH LINE OF SAID SWY.SWY.,THENCE ALONG SAID SOUTH LINE N89°30'27"W,A DISTANCE OF 1024.90 FEET TO THE POINT OF BEGINNING.SAID PARCEL CONTAINS 18.22 ACRES,MORE OR LESS,INCLUDING 1.18 ACRES PUBLIC ROAD RIGHT-OF-WAY EASEMENTS. SAID PARCEL IS SUBJECT TO ALL EASEMENT OF RECORD. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of tbis 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. ) I) 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 S1H day of October,1998,and approved this S1Hday of October,1998. Ordinance to Rezone Lamar Koethe Property -2ND Reading.Motion by Councilman Peard, second by Councilman Lyon,to have the City Clerk read the ordinance for the second time in title only.The Mayor asked for a roll call vote:Ayes:Peard,Lyon,Heath,Berger.Nays:None. Motion passed 4 to O. Ordinance to Rezone Lamar Koethe Property-3=Reading &Final Passage.Motion by Councilman Peard,second by Councilman Lyon,to waive the third reading and place the ordinance on final passage.The Mayor asked for a roll call vote:Ayes:Peard,Lyon,Heath, Berger.Nays:None.Motion passed 4 to O. The Koethe Property contains 196.77 acres and is located along the south side of University Ave and the future extension of Alice's road south of University Ave;excluding a corner lot at the future southwest corner of University Ave.and Alice's Road. ORDINANCE NO.2257 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE, ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-I (AGRICULTURAL DISTRICT) TO R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT),R-3 (MULTI-FAMILY RESIDENTIAL DISTRICT),R-4 (ROW DWELLING AND CONDOMINIUM DISTRICT),C- IA (NEIGHBORHOOD COMMERCIAL),AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING. BE IT ORDAINED by the Council ofthe City of Waukee: Section I.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City,adopting the Official Zoning Map,is hereby amended by changing the following described real estate from A-I (AGRICULTURAL DISTRICT)TO R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT),R-3 (MULTI-FAMILY RESIDENTIAL DISTRICT),R-4 (ROW DWELLING AND CONDOMINIUM DISTRICT),AND C-IA (NEIGHBORHOOD COMMERCIAL),and that the Official Zoning Map be made to reflect such amendment:} j ) A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 3,6,7,io,AND 11 IN SECTION 4 TOWNSHIP 78 NORTH,RANGE 26 WEST,OF THE 5TH P.M., DALLAS COUNTY,lOWA,EXCEPT 1.81 ACRES OF ROADWAY AND EXCEPT 2.30 ACRES OF GOVERNMENT LOT 7 NORTH OF A LINE BEGINNING 149.2 FEET SOUTH OF THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 7; THENCE NORTHWESTERNL Y TO THE NORTHEAST CORNER OF GOVERNMENT LOT 6.rms PARCEL CONTAlNS 196.77 ACRES AND IS SUBJECT TO EASEMENTS OF RECORD.MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: R-2 (ONE AND TWO FAMILY RESIDENTIAL): GOVERNMENT LOT 6,GOVERNMENT LOT 7 EXPECT THE EAST 500 FEET AND EXCEPT THE 2.30 ACRES OF GOVERNMENT LOT 7 NORTH OF A LINE BEGINNING 149.2 FEET SOUTH OF THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 7;THENCE NORTHWESTERLY TO THE NORTHWEST CORNER OF GOVERNMENT LOT 7,GOVERNMENT LOT 10 EXCEPT THE EAST 500 FEET,AND GOVERNMENT LOT 11 IN SECTION 4,TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M.,DALLAS COUNTY,lOWA.rms PARCEL CONTAlNS 128 ACRES MORE OF LESS AND IS SUBJECT TO EASEMENTS OF RECORD. R-3 (MULTI-FAMILY RESIDENTIAL DISTRICT): THE SOUTH 675 FEET OF GOVERNMENT LOT 3 EXCEPT THE WEST 350 FEET AND EXCEPT THE EAST TRAPEZOIDAL PARCEL MEASURING 130 FEET ON THE SOUTH AND MEASURING 635 FEET ON THE NORTH OF THE SAID SOUTH 675 FEET IN SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,DALLAS COUNTY,lOWA.rrns PARCEL CONTAlNS 9 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS OF RECORD. R-4 (ROW DWELLING AND CONDOMINIUM DWELLING DISTRICT): THE WEST 350 FEET OF THE SOUTH 675 FEET OF GOVERNMENT LOT 3,IN SECTlON 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY,lOWA.rms PARCEL CONTAlNS 5 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS OF RECORD. C-IA (NEIGHBORHOOD COMMERCIAL DISTRICT) GOVERNMENT LOT 3 EXCEPT THE SOUTH 675 FEET AND THAT EAST TRAPEZOIDAL PART OF THE SAID SOUTH 675 FEET MEASURING 130 FEET ON THE SOUTH AND 635 FEET ON THE NORTH,IN SECTION 4 TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,DALLAS COUNTY,lOW A.THIS PARCEL CONTAlNS 26 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS OF RECORD, A-I (AGRCULTURAL DISTRlCT): THE EAST SOOFEET OF GOVERNMENT LOT 7 EXCEPT THAT PART OF SAID GOVERNMENT 7 LYING NORTH OF A LINE BEGINNING 149,2 FEET SOUTH OF THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 7;THENCE NORTHWESTERNL Y TO THE NORTHWEST CORNER OF GOVERNMENT LOT 7,AND THE EAST SOOFEET OF GOVERNMENT LOT 10 IN SECTION 4, TOWNSHIP 78 NORTH RANGE 26 WEST OF THE STH P,M"DALLAS COUNTY, lOW A.TIDS PARCEL CONTAINS 29 ACRES AND IS SUBJECT TO EASEMENTS OF RECORD, Section 2,Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional. Section 4,Effective Date.This ordinance shall be in effect upon its final passage, approval and publication as provided by law, Passed by the City Council of the City of Waukee,Iowa,this STIrday of October,1998,and approved this STIrday of October,1998, Consideration of Lift Station to Provide Sewer Service -Southview.No action taken by Council.Developers and City Engineers are to work together to find a way to resolve any potential sewer flow problems or concerns, Review of Un budgeted Expeuditures.Motion by Councilman Berger,second by Councilman Lyon,to accept unbudgeted expenditures report,The Mayor asked for a roll call vote:Ayes: Berger,Lyon,Peard,Heath,Nays:None,Motion passed 4 to 0, Interviewiug of Consulting Firms for City Admiuistrator Search,Motion by Councilman Lyon,second by Councilwoman Heath,to have top two candidates for administrative search, appear before Council.The Mayor asked for a roll call vote:Ayes:Lyon.Nays:Heath,Berger, Peard.Motion failed 1 to 3. Hiring of Consulting Firm for City Administrator Search.Motion by Councilman Peard, second by Councilman Berger,to approve the hiring of Brim eyer for a search for a new City Administrator and to have Kurt Ruecke1 negotiate cost.The Mayor asked for a roll call vote: Ayes:Peard,Berger,Lyon,Heath,Nays:None,Motion passed 4 to O. ) j ) Resolution No.98-50 Approving Costs and Amount to be Assessed for University Avenue Trunk Sewer.Motion by Councilman Lyon,second by Councilwoman Heath,to approve Resolution No.98-50,approving cost and the amount to be assessed for University Avenue trunk sewer.The Mayor asked for a roll call vote:Ayes:Lyon,Heath,Berger,Peard.Nays:None. Motion passed 4 to O. Resolution No.98-51 Approving University Avenue Trunk Sewer Project Warrant Extension.Motion by Councilman Berger,second by Councilman Lyon,to pass Resolution No. 98-51 approving University Avenue trunk sewer project warrant extension.The Mayor asked for a roll call vote:Ayes:Berger,Lyon,Heath,Peard.Nays:None.Motion passed 4 to O. 1997/98 Street Improvement and Cherry Project -Final Pay Estimate #7.Motion by Councilman Lyon,second by Councilwoman Heath,to approve final pay estimate #7 for $38,441,52. The Mayor asked for a roll call vote:Ayes:Lyon,Heath,Peard,Berger.Nays:None.Motion passed 4~0.. 1997/98 Street Improvement and Cherry Project -Certificate of Completion.Motion by Councilman Berger,second by Councilman Peard,to approval of certificate of completion.The Mayor asked for a roll call vote:Ayes:Berger,Peard,Heath,Lyon.Nays:None.Motion passed 4 to O. 1997/98 Street Improvement and Cherry Project -Resolution to approve Final Costs.Motion by Councilman Lyon,second by Councilwoman Heath,to pass resolution approving final costs and amount to be assessed.Motion withdrawn by Councilman Lyon,second withdrawn by Councilwoman Heath.The City Administrator,Mayor and City Council will meet within 10 days to approve final cost and amount to be assessed,said meeting to be posted as per state statue. Mayor's Report.Mayor,received letter from St.Boniface about planned new location of church;the Mayor and staff met with State Auditors to go over just complete audit;Budget Committee met last October 1,1998 to review budgetary concerns;Development Committee going through process to become a private entity,to better serve the economic developmental needs of the community,and give deference to potential privacy concerns.The Mayor and City Council also expressed gratitude and best wishes to departing City Administrator. Administrator's Report.City Administrator thanked the Mayor and City Council for allowing him to have this opportunity to serve the City of Waukee,he also offered continued assistance for a smooth transition.City Administrator noted that the software at City Hall is now in the process of being updated. Attorney's Report.City Attorney informed the Mayor and Council that he is proceeding with efforts to appeal the denial of the expansion of local calling area. Adjournment.Motion by Councilman Berger,seconded by Councilman Peard,to adjourn the meeting at 9:44 p.m.The Mayor asked for a roll call vote:Ayes:Berger,Pcard,Lyon,Heath. Nays:None.Motion carried 4 to O. ) ) ) \) \, i)