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HomeMy WebLinkAbout2001-09-24-Regular MinutesWAUKEE CITY COUNCIL MINUTES September 24,2001 (1)Call to Order -The September 24,2001 meeting of the Waukee City Council was called to order by Mayor Bailey at 7:00 PM. (2)Pledge of Allegiance -The Mayor requested everyone stand for the Pledge of Allegiance and a moment of silence.Immediately after the Mayor called for a roll call. (3)Roll Call -The following members were present:Mayor Donald L.Bailey,Jr,and Council members Nicholas Gruber,Marvin Berger,Mike Watts,Bill Peard and Wayne Johnson. (4)Open Forum -Joe Schmidt wanted to be sure everyone was aware of the Groundbreaking Ceremony for the New Waukee Public Library to be held at the site,950 Warrior Lane,6:00 PM,Friday,September 28.It is across from the middle school (5)Agenda Additions /Approval-No changes.Nick Gruber moved;Marvin Berger second to approve the agenda as written.Ayes:All,Nays:None.Motion carried 5-0. (6)Consent Agenda- A.Approve 09-15-01Payroll and Bill List B.Approve 09-10-0lCity Council Minutes C.Approve Beverage Distributors ofIowa,L.C.Liquor License with Sunday sales and Beer and Wine License with Sunday sales Approve Significant Enterprise,L.L.C.doing business as The Wine House,Liquor License with Sunday Sales and Outdoor Service and Wine License with Sunday Sales and Outdoor Service The Mayor introduced the bill list and the minutes.He questioned a Park Board bill and corrected the minutes in three locations.Nick Gruber moved,Marvin Berger second to approve all items.Ayes:Gruber,Berger,Watts,Peard,Johnson,Nays:None.Motion carried 5-0. BILL LIST 6/14/2001 POLICE OPERATIONS ACCESS DATA CORPORATION ALLEGRA CAPITAL SANITARY SUPPLY CHIEF SUPPLY HB LEISEROWITZ COMPANY HEARTLAND CO-OP IOWA METHODIST MEDICAL C MCLEOD USA MIGHTY TIDY CLEANING NATIONAL SHERIFFS ASSOCIAT OLSON BROTHERS SIMPLEX TIME RECORDER CO STOREY-KENWORTHY COMPANY SUNCOM WAUKEE HARDWARE &VARIETY SLEUTH SOFTWARE SUPPORT ASSISTANCE REQUEST FORMS BUSINESS CARDS-MAPES IOWA ARREST REPORTS OFFICER SHIFT SUMMARY FO PAPER TOWELS BATTERIES FILM MAY '01 POLICE STATEMENT PHYSICAL-LUDWIGS MAY '01 POLICE STATEMENT MAY '01 POLICE STATEMENT NATIONAL NEIGHBORHOOD W MAY '01 POLICESTATEMENT FIRE ALARM MONITORING OFFICE SUPPLIES OFFICE SUPPLIES MAY '01 STATEMENT MAY '01 STATEMENT MAY '01 STATEMENT $1,132.50 $75.21 $35.00 $62.71 $111.01 $135.69 $97.98 $211.70 $1,155.45 $531.04 $389.24 $450.00 $130.00 $398.90 $384.00 $27.83 $77.96 $224.88 $31.02 $18.55 1 MAY '01 STATEMENT $14.37 WAUKEE MUNICIPAL UTILITIES MAY '01 STATEMENT $57.22 FIRE PROTECTION CARPENTER PROMOTIONS PANTS-HOWELL $59.95 DANKO EMERGENCY EQUIPMENT HELMET $193.18 ELECTRONIC ENGINEERING C JUN '01 TOWER SERVICE $60.00 HEARTLAND CO-OP MAY '01 FIRE STATEMENT $210.69 HOTSY CLEANING SYSTEMS REPAIRS $103.00 MID STATES FORD INC VEHICLE REPAIR $72.35 PMXMEDICAL GLOVES $43.20 SUNCOM MAY '01 STATEMENT $56.22 VAN HORN,JARED A SUMMER FIRE SCHOOL $50.00 VAN PELT,ROB SUMMER FIRE SCHOOL $50.00 WAUKEE HARDWARE &VARIETY MAY '01 STATEMENT $14.87 MAY '01 STATEMENT $21.52 WAUKEE MUNICIPAL UTILITIES MAY '01 STATEMENT $75.85 WOOD,DAN SUMMER FIRE SCHOOL $50.00 STREET LIGHTING MID AMERICAN ENERGY MAY '01 STATEMENT $8.71 MAY '01 STATEMENT $7.38 JUN '01 STATEMENT $5,339.50 TRAFFIC SIGNAL LIGHTS IOWA SIGNAL &ELECTRIC C SERVICE CALL $56.00 SIGN RENTAL ALiCES &UNI $150.00 SERVICE CALL $50.00 MID AMERICAN ENERGY MAY '01 STATEMENT $30.56 JUN '01 STATEMENT $227.50 JUN '01 STATEMENT $69.98 BUILDING INSPECTION DALLAS COUNTY NEWS MAY '01 STATEMENT $21.02 HEARTLAND CO-OP MAY '01 PUB WORKS STATEM $27.00 OLSON BROTHERS MAY '01 PUBLIC WORKS STA $46.00 RICHARDSON,BETH JUN '01 MILEAGE $4.76 SUNCOM MAY '01 STATEMENT $56.22 VEENSTRA &KIMM INC STREET MAPS $27.00 ANIMAL CONTROL BRODERICK ANIMAL CLINIC MAY '01 STATEMENT $300.00 LIBRARY SERVICES ACCESS SYSTEMS COMPUTER SERVICE $178.00 COMPUTER SERVICE $89.00 COMPUTER SERVICE $311.50 COMPUTER SERVICE $200.24 AMC SALES INC SRC SUPPLIES $26.40 SRC SUPPLIES $169.32 CENTRAL IOWA REGIONAL LI COLLECTION MGMT $19.50 WORKSHOP CATEXPRESS QTRLY PAYMNT $50.63 DALLAS COUNTY TREASURER MATERIALS $24.18 2 MCIHAELS #3101 MATERIALS SUPPLIES SUPPLIES SUBSCRIPTION PUPPET STAGE LABOR/MATER MATERIALS BRAILLE READIWRITER LARGE PRINT MATERIAL LAMINATING SUPPLIES COPIER MAINTENANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CREDIT MATERIALS MATERIALS SRC SUPPLIES MAY '01 MILEAGE MAY '01 EXPENSE SRC SUPPLIES $15.06 $164.10 $64.46 $45.50 $325.00 $20.17 $3.509.00 $70.33 $124.07 $90.00 $26.34 $5.49 $28.32 $57.17 $88.44 $2.99 $2.39 $13.72 $2.99 $2.70 $4.77 $46.52 $7.11 $11.74 $125.33 $232.56 $283.07 $16.04 $65.74 $47.12 $20.69 $50.23 $56.27 $23.15 $17.60 $14.13 $14.24 $13.08 $7.75 $8.97 $16.47 $37.69 $9.44 $14.72 $13.15 $4.19 $8.82 -$27.79 $24.18 $15.06 $80.85 $21.08 $127.43 $31.86 DEMCO DES MOINES REGISTER DOWELL,DON ENSLOW PUBLISHERS INC FREEDOM SCIENTIFiC BLV G GALE GROUP,THE HIGHSMITH COMPANY IMAGING TECHNOLOGIES INGRAM LIBRARY SERVICES LEARNING POST,THE MACK,LINDA 3 MID AMERICAN ENERGY MAY '01 STATEMENT $205.56 MURPHY-PETERSEN,DEVON MAY '01 SUPPLIES $7.31 MAY '01 MILEAGE $119.64 NETINS MAY '01 INTERNET SERVICE $21.95 OFFICE DEPOT CREDIT PLAN MAY '01 STATEMENT $191.53 PUPPETS BY MARGIE GILLMA HAND PUPPETS-UTILE RED $28.50 REALLY GOOD STUFF INC POSTERS $6.93 ROBINSON,KIM MAY '01 SRC SUPPLIES $79.20 SCHROEDER,MELANIE MAY '01 MATERIALS $6.98 TORGERSON,LISA MAY '01 MILEAGE $47.80 US POSTAL SERVICE STAMPS LIBRARY $34.00 WAUKEE HARDWARE &VARIETY MAY '01 STATEMENT $5.98 WAUKEE MUNICIPAL UTILITIES MAY '01 STATEMENT $63.54 WELLS FARGO-LIBRARY PETIY C MAY '01 PETTY CASH $142.98 LIBRARY BUILDING PROJECT FEH ASSOCIATES INC MAY '01 STATEMETN $14.750.00 PARKS BURKHART,LINDA JUN '01 VOLLEYBALLS $39.98 CAPITOL PROMOTIONS INC 4TH JULY BUTIONS $202.90 DALLAS COUNTY NEWS MAY '01 STATEMENT $46.50 DANIEL BOONE UNDERWRITER RAIN INSURANCE 4TH JULY $450.00 HEARTLAND CO-OP MAY '01 PUB WORKS STATEM $894.76 IOWA ASSOCIATION OF SAFETY DUES $79.60 MAJONA CORPORATION TRAILER HITCH REPAIR $65.00 MARTIN'S FLAG COMPANY FLAGS &FLAG POLES $820.33 MENARDS PARK FENCE $63.68 SIDEWALK FORMS $114.76 SIDEWALK FORMS $103.35 OLSON BROTHERS MAY '01 PUBLIC WORKS STA $28.78 PLAZA CLEANERS CLEANING BUNNY OUTFIT $15.00 SUNCOM MAY '01 STATEMENT $15.65 MAY '01 STATEMENT $56.22 WAUKEE HARDWARE &VARIETY MAY '01 STATEMENT $11.16 MAY '01 STATEMENT $3.56 MAY '01 STATEMENT $64.33 MAY '01 STATEMENT $13.78 WAUKEE MUNICIPAL UTILITIES MAY '01 STATEMENT $34.28 MAY '01 STATEMENT $11.40 WILSON BROTHERS PEST CON MOSQUITO CONTROL $860.00 STORM SEWERS R-WAY CONCRETE CONCRETE $423.50 CONCRETE $154.00 US FILTERIWATERPOR INTAKE REPAIRS $42.50 SOLID WASTE COLLECTION &RECYCLI WASTE MANAGEMENT OF IOWA MAY '01 STATEMENT $13,025.74 PUBLIC WORKS ARAMARK UNIFORM SERVICES PUBLIC WORKS MAT SERVICE $33.40 AT&T 987-0821 MAY '01 SERVICE $14.88 CAPITAL SANITARY SUPPLY PAPER TOWELS $82.38 4 IOWA ASSOCIATION OF SAFETY DUES $79.60 MENARDS EXIT LIGHT &BULBS $27.30 OLSON BROTHERS MAY '01 PUBLIC WORKS ST $90.00 QWEST MAY '01 4406340 STATEMENT $26.00 SUNCOM MAY '01 STATEMENT $56.22 WEARGUARD SUMMER SHIRTS $138.95 WATER UTILITY DES MOINES WATER WORKS MAY '01 STATEMENT $13,764.21 HEARTLAND CO-OP MAY '01 PUB WORKS STATEM $191.80 HYVEE PIZZA TRAINING MEETING $81.26 IOWA ASSOCIATION OF SAFETY DUES $79.61 IOWA ONE CALL MAY '01 STATEMENT $235.00 CREDIT-OUTSIDE CITY LIMITS -$3.50 MARTIN,KIMBERLYN WATER REFUND $7.57 MUNICIPAL SUPPLY MARKING PAINT $122.40 SUNCOM MAY '01 STATEMENT $15.65 MAY '01 STATEMENT $56.22 WAUKEE HARDWARE &VARIETY MAY '01 STATEMENT $49.97 MAY '01 STATEMENT $24.85 MAY '01 STATEMENT $16.83 MAY '01 STATEMENT $0.89 WAUKEE MUNICIPAL UTILITIES MAY '01 STATEMENT $34.28 MAY '01 STATEMENT $304.95 MAY '01 STATEMENT $16.45 MAY '01 STATEMENT $11.40 MAY '01 STATEMENT $4.18 SANITARY SEWERS &TREATMENT FACI HEARTLAND CO-OP MAY '01 PUB WORKS STATME $441.37 IOWA ASSOCIATION OF SAFETY DUES $79.61 MID AMERICAN ENEERGY JUN '01 STATEMENT $342.96 MOMAR DEGREASER $1,215.11 SUNCOM MAY '01 STATEMENT $15.65 MAY '01 STATEMENT $56.22 UNIVERSITY OF IOWA HYGIE MAY '01 TESTING FEES $400.00 UTILITY CONSULTANTS INC MAY '01 TESTING FEES $927.00 WAUKEE HARDWARE &VARIETY MAY '01 STATEMENT $6.37 MAY '01 STATEMENT $34.28 MAY '01 STATEMENT $34.06 MAY '01 STATEMENT $11.39 MAY '01 STATEMENT $175.35 MAY '01 STATEMENT $4.17 GAS UTILITY AMBROSE,VICKI GAS REFUND $27.03 BAKER,CHAD GAS REFUND $60.83 CONSECO FINANCE GAS REFUND $61.22 COOPER,KEN GAS REFUND $6.23 HEARTLAND CO-OP MAY '01 PUB WORKS STATEM $1,162.02 IOWA ASSOCIATION OF SAFETY DUES $79.61 IOWA ONE CALL MAY '01 STATEMENT $235.00 CREDIT-OUTSIDE CITY LIMIT -$3.50 JERRY'S HOMES INC GAS REFUND-1400 FLORENCE $151.92 5 MID AMERICAN ENERGY JUN '01 STATEMENT $13.86 MID LAND EQUIPMENT COMPA TRENCHER PARTS $60.65 MIDWEST UNDERGROUND SUPP TRENCHER PARTS $72.42 PAYTON,BYRON GAS REFUND $3.66 QWEST MAY '014406340 STATEMENT $39.01 SUNCOM MAY '01 STATEMENT $15.64 MAY '01 STATEMENT $168.69 US ENERGY SERVICES INC APR '-1 CREDIT -$9,308.14 MAY '01 STATEMENT $35,005.47 WAUKEE HARDWARE &VARIETY MAY '01 STATEMENT $12.55 MAY '01 STATEMENT $45.02 MAY '01 STATEMENT $225.13 MAY '01 STATEMENT $15.15 MAY '01 STATEMENT $11.96 MAY '01 CREDIT -$29.87 WAUKEE MUNICIPAL UTILITY MAY '01 STATEMENT $34.28 MAY '01 STATEMENT $16.45 MAY '01 STATEMENT $11.39 MAY '01 STATEMENT $4.17 WEAR GUARD SUMMER SHIRTS $225.33 UTILITY BILLING DES MOINES WATER WORKS MAY '01 STATEMENT $4,960.00 STREETS DEPARTMENT AMERICAN SHELTERS SALT STORAGE BUILDING $25,220.00 DM ASPHALT AND PAVING CO COLD PATCH $450.00 EDDY WALKER EQUIPMENT CO SWEEPER PARTS $339.12 ELLIOTT EQUIPMENT CO SWEEPER REPAIRS $166.87 HEARTLAND CO-OP MAY '01 PUB WORKS STATME $1,935.58 IOWA ASSOCIATION OF SAFETY DUES $79.61 IOWA DEPT OF TRANSPORTAT PAINT $B61.60 JOHNSTON DIST CO INC OIL &FILTERS $22.47 BATTERY $73.99 CORE DEPOSIT -$4.00 OIL &FILTERS $24.74 OIL &FILTERS $54.05 OIL &FILTERS $21.99 MAJONA CORPORATION SNOW PLOW REPAIRS $130.00 MARTIN MARIETTAAGGREGAT ROAD STONE $477.92 MINER DUST CONTROL LA GRANT'WARRIOR DUST CO $1,793.88 PRAXAIR CUTTING GAS $22.11 PUCKETT TOOLS &FASTENER SKILL SAW $179.95 R-WAY CONCRETE CONCRETE $115.50 CONCRETE $269.50 CONCRETE $211.75 CONCRETE $211.75 CONCRETE $246.00 CONCRETE $269.50 ROAD MACHINERY &SUPPLIES SWEEPER BROOMS $270.00 SCHMIDT,MARSHA MAILBOX REPAIRS $45.41 SPRAYER SPECIAL TIES INC SPRAYER PARTS $455.20 SPRAYER PARTS $68.00 SUNCOM MAY '01 STATEMENT $15.65 6 MAY '01 STATEMENT $112.44 WAUKEE HARDWARE &VARIETY MAY '01 STATEMENT $65.35 MAY '01 STATEMENT $31.08 MAY '01 STATEMENT $68.74 MAY '01 STATEMENT $18.46 MAY '01 STATEMENT $22.85 WAUKEE MUNICIPAL UTILITI MAY '01 STATEMENT $4.18 WEAR GUARD SUMMER SHIRTS $126.20 WILLIAMS TURF FARMS SOD $22.50 ADMINISTRATION ADVANCED LASER TECH PRINTER TONER CARTRIDGE $89.95 ANE COMPUTER SERVICES SERVEROMTERMET SET I[$550.00 SERVER MAINTENANCE $75.00 ARAMARK UNIFORM SERVICES COMM CENTER MAT SERVICE $48.23 CITY HALL MAT SERVICE $48.31 COMM CENTER MAT SERVICE $49.50 CAPITAL SANITARY SUPPLY COMM CENTER TOILET PAPER $61.10 TOILET PAPER $64.10 DALLAS COUNTY AUDITOR COPIES $58.00 DALLAS COUNTY NEWS MAY '01 STATEMENT $1,574.23 DES MOINES WATER WORKS MAY '01 STATEMENT $148.00 OM STAMP MFTG CO VETO STAMP $24.40 FALCON ASSOCIATES INC CITY PLANNER AD $130.50 IOWA CITY/COUNTY MAN ASS IACMA SUMMER CONFERENCE $70.00 LEASE CONSULTANTS COPR 2001 COPIER LEASE PAYMENT $3,957.00 LITHO GRAPHICS PRINT COM JUNE '01 NEWSLETTER $361.00 SUNCOM MAY '01 STATEMENT $56.22 TRIPLETT OFFICE ESSENTIAL WASTEBASKET WOMENS $14.10 REST OFFICE SUPPLIES $19.87 OFFICE SUPPLIES $44.39 COLORED PAPER $46.17 WAUKEE HARDWARE &VARIETY MAY '01 STATEMENT $7.62 MAY '01 STATEMENT $19.32 MAY '01 STATEMENT $13.06 WAUKEE MUNICIPAL UTILITI MAY '01 STATEMENT $62.24 FINANCIAL ADMINISTRATION DALLAS COUNTY NEWS MAY '01 STATEMENT $230.20 TRIPLETT OFFICE ESSENTIAL OFFICE SUPPLIES $29.99 ECONOMIC DEVELOPMENT CAROL "CINDY"HOL HUSCHER PRAIRIE PK ANNEX $16.00 DORSEY &WHITNEY MAY '01 STATEMENT -URBAN ..$1,873:25 SUNCOM MAY '01 STATEMETN $56.22 CITY ATTORNEY HUSCHER,PAUL E DALTON L1TIGATION $187.50 ENGINEERING OLSON BROTHERS MAY '01 PUBLIC WORKS STA $69.50 . SUNCOM MAY '01 STATEMENT $56.22 WAUKEE HARDWARE &VARIETY MAY '01 STATEMENT $35.98 7 GRAND TOTAL $151,094.23 PAID PRIOR TO CO APPROVAL NO DEPT ENTERED DALLAS COUNTY TREASURER IOWA ALCOHOLIC BEVERAGES TREASURER STATE OF IOWA HICKMAN TIF DISTRICT OVERPAY SURGAR CRK SUNDAY SALES L1C MAY '01 GAS SALES TAX MAY '01 SEWER SALES TAX MAY '01 WATER SALES TAX $103,471.27 $40.00 $3,750.91 $222.48 $3,643.41 FIRE PROTECTION TOYNES INC TANKER TRUCK $97,820.00 WATER UTILITY IOWA DEPT OF NATURAL RES WINTERS-WATER DISTRIBUTU WINTERS-WASTEWATER TREAT WINTERS-WATER TREATMENT $60.00 $60.00 $60.00 GRAND TOTAL $209,128.07 (7)Mayor's Report:I've been thinking about the last two weeks and two weeks ago we met and our world is a lot different today than it was two weeks ago.We're all proud Americans here -staff,elected officials and citizens that come to meetings have taken an active roll in our democracy.Everybody here should be really proud that they've done their duty.And I know that our community really mourns the loss of all the rescue workers and all the victims of the horrible tragedy.I know I saw on TV a doctor from NYU who said that it was -his analysis of what happened -that it was the most horrible way for man to treat man.And I'm just glad we're all part ofthis country and we'll pull together.That's the mayor's report. (8)Resolution:Annexation petitions from Jim &Wanda M Coons,Art J.Coons,William B.& Carolyn Chase and Robert E.&Kathie R.Carey and Dr.William G.&Mary M Cross.The Mayor introduced the agenda item.Mark Arentsen explained the area.A brief discussion of the area involved and the area to be annexed by WDM took place.Nick Gruber moved to approve the annexation of the properties.Mike Watts second.Roll call:Ayes:Gruber,Berger,Watts, Peard,Johnson.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION NO.01-166 APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY,INCLUDING NON-CONSENTING PROPERTY,AND PROVIDING A TRANSITION FOR THE IMPOSITION OF TAXES IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA WHEREAS,the City of Waukee,State ofIowa,is a duly organized municipal corporation AND, WHEREAS,the City of Waukee,Iowa has received Applications for Voluntary Annexations from the property owners of certain real estate under the ownership of said petitioners,located in Dallas County,Iowa,and shown on the map identified as Exhibit "A"attached hereto and made a part hereof and legally described as follows: ] LEGAL DESCRIPTION James E.and Wanda M.Coons,3344 Ashworth Road,Waukee,Iowa 50263 Arthur J.Coons,310 S 11tb Street,AdeI,Iowa 50003 Part of the Northeast Quarter of the Northwest Quarter (NE \I,NW \1,)of Section 10, Towoship 78 North,Range 26 West of the SiliP.M.,Dallas County,Iowa,described as follows:Commencing at the N \I,comer of said section 10,thence Westerly along 8 the North line of said NE 1.NW 1.,40.36 feet;thence South,parallel to the East line of said NE 1.,NW 1.,60,54 feet,to the point of beginning;thence South 40 feet West of and parallel to the East line of said NE 1.NW 1.829.8 feet more or less to the North line oflnterstate Highway 80;thence Southwesterly,along the North line ofl-80,657.4 feet;thence North,to the South line of Ashworth Road;thence Easterly,along the South line of Ashworth Road,542,93 feet to the point of beginning,said tract being the West 538 feet of the East 578 feet of the NE 1.NW 1. of said Section 10 lying North ofl-80 and South of Ashworth Road in Dallas County,Iowa,EXCEPT the West 269 feet of the East 578 feet of that part of Section 10-78-26,lying North ofthe North right of way line of Interstate Highway No.80 and South of Ashworth Road. William B.and Carolyn Chase,3350 Ashworth Road,Waukee,Iowa 50263 The Southwest Quarter of the Southeast Quarter (SW 1.SE 1.)of Section 3, Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,EXCEPT Interstate 1-80 and relocated North South Section Road and EXCEPT commencing at the Southwest corner of the Southeast Quarter (SE 1.)of said Section 3,thence North 10 rods,thence East 13 rods,thence South 10 rods,thence West 13 rods to the point of beginning,subject to established highways. The Northwest Quarter of the Northeast Quarter (NW 1.NE 1.)of Section 10, Township 78 North,Range 26 West of the 5th P,M.,Dallas County,Iowa,lying South of Ashworth Road and relocated Ashworth Road aud North of Interstate 1-80, subject to established highways,EXCEPT a parcel ofland deeded from the State of Iowa to Charles S.Crook,Jr.,and Gertrude N,Crook,dated June 8,1978 and filed for record in the Dallas County Recorder's Office on June 15,1978 and recorded in Book 549,at Page 640. Robert E.and Kathie R.Carey,3340 Ashworth Road,Waukee,Iowa 50263 The West 269 feet of the East 578 feet of that part of Section 10,Township 78 North, Range 26 West of the 5th P,M.,Dallas County,Iowa,lying North of the North right of way line of Interstate Highway No.80 and South of Ashworth Road. Dr.William G.and Mary M.Cross,3609 Brookview Dr.,West Des Moines,Iowa 50265 The Northeast Quarter of the Northwest Quarter (NE 1.NW 1.)of Section 10, Township 78 North,Range 26 West of the 5th P,M.,Dallas County,Iowa,lying South of Ashworth Road and North of Interstate 1-80,EXCEPT the East 578 feet thereof,and EXCEPT;Beginning at the Northwest Corner of the Northeast Quarter of the Northwest Quarter (NE 1.NW 1.)of Section 10,Township 78 North,Range 26 West of the 5th P.M.,thence North 82031'East 480.00 feet along the North line of said section,thence South 00003'East 568.00 feet,thence South 82031'West 480.00 feet to the West line of the Northeast Quarter of the Northwest Quarter, thence North 00003'West 568.00 feet to the point of beginning;containing 15.32 acres including 0.37 acres of road right of way. The East half of the West half of the Southwest Quarter (E 1/2 W 1/2 SW 1/4), except the South 500.00 feet of the East half of the West half of the Southwest Quarter (E 1/2 W 1/2 SW 1/4)of Section 4,and North three-fourths of West Half of East Half of the Southwest Quarter (N 3/4 W 1/2 E 1/2 SW 1/4)of Section 4, Township 78 North,Range 26 West of the 5th Principal Meridian. WHEREAS,such property collectively adjoins the City as required by Chapter 368,Code oflowa,2001,AND, WHEREAS,all notification has been carried out pursuant to Chapter 368,Code oflowa,2001,AND, WHEREAS,it is in the best interests of the City and public that said property be annexed to the City of Waukee,at this time,AND, 9 WHEREAS,on March 20,2000,the City Council adopted a policy,pursuant to Section 368.7(2)of the Iowa Code, to provide a transition for the imposition of City taxes to properties taxed and utilized as residential properties within an annexation area (the "Annexation Policy"),AND, WHEREAS,the following described properties are taxed and utilized as residential properties,and are included in the area to be annexed under the Annexation Resolution: PROPERTIES TAXED AND UTILIZED AS RESIDENTIAL PROPERTIES James E.and Wanda M.Coons,3344 Ashworth Road,Waukee,Iowa 50263 Arthur J.Coons,310 S 11th Street,Adel,Iowa 50003 Part of the Northeast Quarter of the Northwest Quarter (NE \I,NW \1,)of Section 10, Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,described as follows:Commencing at the N \I,corner of said section 10,thence Westerly along the North line of said NE \I,NW \1"40.36 feet;thence South,parallel to the East line of said NE \1"NW \1"60.54 feet,to the point of beginning;thence South 40 feet West of and parallel to the East line of said NE \I,NW \I,829.8 feet more or less to the North line oflnterstate Highway 80;thence Southwesterly,along the North line ofl-80,657.4 feet;thence North,to the South line of Ashworth Road;thence Easterly,along the South line of Ashworth Road,542.93 feet to the point of beginning,said tract being the West 538 feet of the East 578 feet of the NE \I,NW \I, of said Section 10 lying North ofl-80 and South of Ashworth Road in Dallas County,Iowa,EXCEPT the West 269 feet of the East 578 feet of that part of Section 10-78-26,lying North of the North right of way line of Interstate Highway No.80 and South of Ashworth Road. William B.and Carolyn Chase,3350 Ashworth Road,Waukee,Iowa 50263 The Southwest Quarter of the Southeast Quarter (SW \I,SE \1,)of Section 3, Township 78 North,Range 26 West of the 5th P.M.,Dallas Couuty,Iowa,EXCEPT Interstate 1-80 and relocated North South Section Road and EXCEPT commencing at the Southwest corner of the Southeast Quarter (SE \1,)of said Section 3,thence North 10 rods,thence East 13 rods,thence South 10 rods,thence West 13 rods to the point of beginning,subject to established highways. Rohert E.and Kathie R.Carey,3340 Ashworth Road,Waukee,Iowa 50263 The West 269 feet of the East 578 feet of that part of Section 10,Township 78 North, Range 26 West of the 5th P.M.,Dallas County,Iowa,lying North of the North right of way line oflnterstate Highway No.80 and South of Ashworth Road. WHEREAS,pursuant to the Annexation Policy and Section 368.7(2)of the Iowa Code,it is appropriate to provide a transition for imposition of City taxes in accordance with the following formula,as set forth in Section 427B.3(1- 5)of the Code oflowa:75%for the first year,60%the second year,45%the third year,30%the fourth year,and 15%the fifth year. NOW THEREFORE,the City Council ofthe City of Waukee does resolve as follows: SECTION 1.The Applications for Voluntary Annexation are hereby approved and said properties described in Exhibit "B"shall be annexed to the City of Waukee,Iowa,in accordance with Chapter 368,Code oflowa,2001,and such property shall hereinafter become and be part of the City of Waukee,Iowa. SECTION 2.The Mayor and City Administrator/Clerk are hereby authorized and directed to prepare and execute all documents necessary for this annexation and are directed to file the same with the City Development Board as required by the Code oflowa. SECTION 3.A transition for imposition of taxes shall be proved to the above-described residential properties pursuant to the formula set forth in Section 427B.3(l,5)ofthe Code of Iowa,2001 and shall be applied in the levy and collection only of City taxes. SECTION 4.This Resolution's transition for imposition of taxes shall be effective upon completion of annexation proceedings before the City Development Board;and thereafter,the City Clerk is hereby directed to file a copy of this Resolution with the Offices of the Dallas County Recorder,Auditor,Assessor and Treasurer. Passed and adopted by the City Council on September 24,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk 10 ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Jolmson AYE NAY ABSENT X X X X X (9)Resolution:Stating the City of Waukee's intention to involuntarily annex the Charles Shaffer et al Trustee properties.There are two parcels of land which comprise the Swallow properties. As of today,09-24-01,Mark Arentsen received a call from Frank Smith,an attorney,who will be representing the Swallow cousins.It is very possible that within two weeks a voluntary application will be submitted to Waukee for the Swallow properties.We are proceeding, however,with the involuntary aunexation.Mike Watts moved to approve the resolution.Nick Gruber second.Roll call:Ayes:Gruber,Berger,Watts,Peard,Johnson.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-167 INITIATING ACTION TO INVOLUNTARILY ANNEX THE CHARLES SWALLOW PROPERTIES WHEREAS,the City of Waukee is in the process of annexing properties which will allow for the natural growth and development of the City,AND, WHEREAS,City staff have for many months been discussing with the owners of the Charles Schaeffer properties, potential annexation of said properties which include a 137.5 acre parcel and a separate 27.75 acre parcel both located in Boone Township,Dallas County,Iowa,AND, WHEREAS,discussions to date with the owners have not resulted in the submittal of a voluntary annexation petition for these properties,AND, WHEREAS,the inability to complete the annexation of theses properties is now preventing City action on other voluntary annexation petitions, NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 24th day of September,2001 that it hereby expresses its intent,if necessary,to involuntarily annex the Charles Swallow properties and hereby sets a public meeting for consideration of this action for 7:00PM on October 15,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J,Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (1 O)Public Hearing:On proposed plans,specifications and form of contract for Library Civil Bid Package #1.The Mayor opened the public hearing.No written comments were received. No oral comments were entered into the record.The Mayor closed the public hearing, (ll)Resolution:Finally approving and confirming plans,specifications,form of contract and estimate of cost for the Public Library Site Development -Library Civil Bid Package #1 Mike Watts moved to approve;Nick Gruber second.Roll Call:Ayes:Watts,Gruber,Berger,Johnson, Peard.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-168 FINALLY APPROVING AND CONFIRMING PLANS,SPECIFICATIONS,FORM OF CONTRACT AND ESTIMATE OF COST FOR THE PUBLIC LIBRARY SITE DEVELOPMENT -LIBRARY CIVIL BID PACKAGE NO.1 II IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE WHEREAS,the City of Waukee approved the public library site plan contingent on the review and recommendations from the Planning and Zoning Commission on August 20,2001,AND, WHEREAS,the City of Waukee approved the Public Library Site Development Bid Package #1 on August 29, 2001,AND, WHEREAS,this Council has previously approved plans,specifications,form of contract and estimate of cost for the library site development AND, WHEREAS,hearing has been held on objections to the Public Library Site Development Bid Package #1; NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 24th day of September 2001 that it hereby fioally approves the plans,specifications,form of contract and estimate of cost for the site development bid package for the Waukee Public Library. Douald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X BillPeard X Mike Watts X Wayne Johnson X (12)Resolution:Awarding Contract for the Public Library Site Development -Library Civil Bid Package #1.No discussion.Nick Gruber moved to accept the low bid from McAninch of $166,889.20.Marvin Berger second.Roll call:Ayes:Gruber,Berger,Johnson,Peard,Watts. Nays:None.Motion carried 5 -O. RESOLUTION NO.OI-169 IAwardingcontractforthePublicLibrarySiteDevelopment-Library Civil Bid Package No.I WHEREAS,pursuant to notice duly published in the manner and form prescribed by resolution of this Council and as required by law,bids and proposals were received by the City Clerk and reported to this Council for the Public Library Site Development (the "Project");and WHEREAS,all of the said bids and proposals have been carefully considered,and it is necessary and advisable that provision be made for the award of the contract for the Project; NOW,THEREFORE,IT IS RESOLVED by the City Council of the City of Waukee,Iowa,as follows: Section I.The bid for the Project submitted by the following contractor is fully responsive to the plans and specifications for the Project,heretofore approved by the Council,and is the lowest responsible bid received,such bid being as follows: Name and Address of Contractor Amount of Bid McArrinch Corporation 6800 Lake Drive,Ste 125 West Des Moines,]A 50266 $166,889.20 Section 2.The contract for the Project is hereby awarded to such contractor at the total estimated cost set out above,the final settlement to be made on the basis of the unit prices therein set out and the actual final quantities of each class of materials furnished,the said contract to be subject to the terms of the aforementioned resolution,the notice of hearing and letting,the plans and specifications and the terms of-the bidder's written proposal. 12 Section 3.The amount of the contractor's performance and/or payment bonds is hereby fixed and determined to be 100%of the amount of the contract. Section 4.The Mayor and City Clerk are hereby authorized and directed to enter into a written contract with said contractor for the Project,but only after receipt of performance and lor payment surety bonds from the contractor and receipt of a written determination from either the City Attorney or Project Engineer that such surety bonds are satisfactory.The fully executed contract and surety bonds shall be deemed to be approved,iu accordance with Section 384,100 of the Code ofIowa,without additional City Council action,unless requested by the City Attorney or Project Engineer, Section 5. extent of such conflict. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the Passed and approved September 24,2001. Attest:Donald L.Bailey,Jr.,Mayor Mark 1.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (13)Motion:Approving detailed plans and specifications,notice of hearing,notice to bidders and form of contract;and setting October 15,2001 for public hearing and letting and the receipt of bids for the Warrior Lane Box Culvert Improvements.Discussion as to where box culverts located and need for them.Nick Gruber moved to approve.Bill Peard second.Ayes:Gruber, Berger,Watts,Peard,Johnson.Nays:none.Motion carried:5-0. NOTICE OF HEARING AND LETTING NOTICE OF PUBLIC HEARING ON PLANS AND SPECIFICATIONS,PROPOSED FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE W ARRlOR LANE BOX CULVERT IMPROVEMENTS FOR THE CITY OF WAUKEE,IOWA,AND THE TAKING OF BIDS THEREFOR Sealed proposals will be received by the City Clerk of the City of Waukee,Iowa,in the Council Chambers at the City Hall,230 Highway 6,Waukee,Iowa until 1:00 PM on the 10th day of October,2001,for the construction of Warrior Lane Box Culvert Improvements and work incidental thereto,as described in the plans and specifications therefor,now on file in the office of the City Clerk.Proposals will be opened and the amount of the bids announced in said Council Chambers by the City Clerk at the time and date specified above. At 7:00 PM on the 15th day of October,2001,the City Council of said City will,in said Council Chambers,hold a hearing and said Council proposes to adopt plans,specifications,form of contract and estimate of cost and,at the time,date and place specified above,or at such time,date and place as then may be fixed,to act upon proposals and enter into a contract for the construction of said improvements. The work to be done is as follows: WARRIOR LANE BOX CULVERT IMPROVEMENTS Construct Warrior Lane Box Culvert Improvements including all labor,materials and equipment necessary for excavation,construction of208.5 linear feet of twin 10-foot by lO-foot reinforced concrete box culvert including flared wing headwalls,rip-rap,backfill,embanlrrnent construction and miscellaneous associated work,including cleanup. 13 All work and materials are to be in accordance with the proposed plans,specifications,form of contract and estimate of cost now on file in the office of the City Clerk of Waukee,Iowa,and by this reference made a part thereof as though fully set out and incorporated herein. At said hearing,the City Council will consider the plans and specifications and proposed form of contract for the project,the same now being on file in the office of the City Clerk,reference to which is made for a more detailed and complete description of the proposed improvements,and at said time and place the said Council will also receive and consider any objections to said plans)specifications,estimate of cost and form of contract made by any interested party. All proposals in connection therewith shall be subrnitted to the City Clerk of said City on or before the time herein set for receiving bids.All proposals shall be made on official bidding blanks furnished by the City,and any alterations in the official form of proposal will entitle the Council,at its option,to reject the proposal involved from consideration.Each proposal shall he sealed and plainly identified. Notice of Hearing and Letting Each proposal shall be made out on a blank form furnished by the municipality and must be accompanied in a sealed envelope by either (I)a certified or cashier's check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States,in an amount equal to 10%of the bid,or (2)a bid bond executed by a corporation authorized to contract as a surety in the State ofIowa,in the penal sum often percent (10%)of the bid. The bid security should be made payable to THE CITY OF WAUKEE,IOWA.The bid security must not contain any conditions either in the body or as an endorsement thereon.The bid security shall be forfeited to the City as liquidated damages in the event the successful bidder fails or refuses to enter into a contract within ten (10)days after tbe award of contract and post bond satisfactory to the City insuring the faithful fulfilhnent of the contract and the maintenance of said work,if required,pursuant to the provisions of this notice and other contract documents. Bidders shall use the bid bond form bound in the specifications. By virtue of statutory authority,preference will be given to products and provisions grown and coal produced within the State ofIowa,and to Iowa domestic labor,to the extent lawfully required under Iowa Statutes. The Council reserves the right to reject any or all bids and to waive informalities or technicalities in any bid. The Council reserves the right to defer acceptance of any proposal for a period not to exceed thirty (30)calendar days from the date of hearing and letting. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%)of the contract price,said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment for all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operations ofthe Contractor,and shall guarantee the work against faulty workmanship and materials for a period of two (2)years after its completion and acceptance by the City Council. The work will commence within ten (10)days after written Notice to Proceed.All work under the contract shall be completed by April 15,2002. Liquidated damages in the amount of Four Hundred Dollars ($400.00)per calendar day will be assessed for each day the work shall remain uncompleted after the end of the contract period,with due allowance for extensions of the contract period due to conditions beyond the control of the Contractor. Payment to the Contractor for said construction will be made from one or any combination of the following resources:cash on hand as may be legally used for such purposes,cash derived from the proceeds of the sale and issuance of General Obligation Bonds,or any other sources legally available to the City. Notice of Hearing and Lettiug 14 Payment to the Contractor will be on the basis of monthly estimates equivalent to ninety-five percent (95%)of the contract value of the work completed aod payments made to material suppliers for materials ordered specifically for the project or delivered to the site during the preceding calendar month.Estimates will be prepared on the last day of each month by the Contractor,subject to the ap£roval of the Engineer,who will certify to the City for payment each approved estimate on or before the tenth (10 )day of the following month.Such monthly payments shall in no way be construed as an act of acceptaoce for any part ofthe work partially or totally completed.Upon completion of the work and its acceptance by the City Council,the Contractor will be paid an amount which,together with previous payments,will equal ninety-five percent (95%)ofthe contract price of the contract.Final payment of the remaining amount due will be made not less than thirty-one (31)days after completion and acceptaoce by resolution of the City Council of the completed contact,subject to the conditions and in accordance with the provisions of Chapter 573 of the Code oflowa.No such partial or final payments will be due until the Contractor has certified to the City that the materials,labor and services involved in each estimate have been paid for in accordaoce with the requirements stated in the specifications. Before final payment will be made,the Contractor shall file,in duplicate,with the Engineer an itemized statement showing the amount oflowa Sales Tax,or Use Tax,and to whom paid on all materials which have become part of the finished work. Plans and specifications governing the construction of the proposed improvements,and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice and the proposed contract by reference and the proposed contract shall be executed in compliaoce therewith. Copies of said plaos and specifications are now on file in the office of the City Clerk,for examination by bidders. Copies may be obtained form Veenstra &Kimm,Inc.,3000 Westown Parkway,West Des Moines,Iowa 50266, upon payment of Thirty Dollars ($30,00)for each set.No refund will be made. This notice is given by order of the Council of the City of Waukee,Iowa. CITY OF WAUKEE,IOWA Donald L.Bailey,Jr.,Mayor Attest: Mark Arentsen,City Administrator/Clerk (14)Receive/File:Library Annual Report.Linda Mack,Director ofthe Library,was present to discuss the annual report and share expectations for the coming year.Circulation has double in five years from 36,774 to 62,524.Junior fiction is up 32%this year,which bodes well for the location of the new library.The library has increased the funding levels by seeking and receiving about $30,000 in outside funds from sources such as the county,federal governments. State funds come through the open access reimbursement program and Eurich Iowa In addition this year a little over $2,000 will be received from the state for infrastructure.Library participation has grown 12 to 15%in the past year.That amount exceeds the average growth of most libraries by 10%.The library does a lot of programming,which draws in a lot of people. When the new library is finished it is possible that the library will have.25 to 50%rate of growth in circulation.Nick Gruber commended the library staff and board of trustees for their efforts in increasing library usage.Marvin Berger moved to approve the library report.Nick Gruber second.Roll call:Ayes:Berger,Gruber,Peard,Watts,Johnson.Nays:None.Motion carried:5 -o. (15)Resolution:Approving the Street Finance Report (Road Use Report).Marvin Berger moved to approve.Wayne Johnson second.Roll call:Ayes:Berger,Johnson,Peard,Gruber, Watts.Nays:None.Motion carried 5 -O. RESOLUTION 01-170 15 RESOLUTION OF THE CITY OF WAUKEE'S ANNUAL STREET FINANCE REPORT,AND DIRECTING THE CITY CLERK OF THE CITY OF WAUKEE TO FILE THE REPORT WITH THE DEPARTMENT OF TRANSPORTATION WHEREAS,The Waukee City Clerk having submitted to the City Council of the City of Waukee the 2001 Street Finance Report for the City of Waukee,Iowa;AND WHEREAS,the report shows total Road Use Funds available in the amount of $457 ,062 and total expenditures of $423,867 in the Road Use Fund,with an ending Road Use Fund Balance of$33,195;AND WHEREAS,the report shows total road use related Funds available from all funds in the amount of $833,190 and total expenditures in the amount of$799,995;AND WHEREAS,the City Council fmds that the funds for road use purposes have been used for their intended purpose; NOW,THEREFORE,BE IT ROSOLVED that the City of Waukee hereby approves the Street Finance Report and directs the City Clerk to file the same with the Department of Transportation on this 24 th day of September 2001. Donald L Bailey,Jr.Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL AYES NAYS ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (16)Resolution:Approving the amendment to the Official City Depository List and Maximum Dollar Amount.Limited discussion.Nick Gruber moved to approve the Community Bank of Boone as an addition to the Official City Depository List.Mike Watts second.Roll call:Ayes: Gruber,Watts,Berger,Peard,Johnson.Nays:none.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-171 NAMING OFFICIAL CITY DEPOSITORIES FOR FISCAL YEAR 2002 IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas County;AND, WHEREAS,the Waukee City Council must designate official depositories armually;AND, WHEREAS,pursuant to the City's investment policy,the City will keep all deposits and investments,within an adjacent county area;AND, WHEREAS,the City Clerk and/or City Treasurer is authorized to deposit funds of the City of Waukee,in amounts not to exceed the maximum approved for each respective financial institution,as set out below;AND: I.Banker's Trust Company,Des Moines $5,000,000 2.Waukee State Bank $5,000,000 3.Wells Fargo $7,500,000 4.Earlham Savings Bank $4,000,000 5.Commercial Federal Bank $4,000,000 6.Raccoon Valley State Bank $4,000,000 7.Waukee Charter Bank $4,000,000 8.Community Bank of Boone $2,500,000 WHEREAS,the City of Waukee believes that Banker's Trust Company,Waukee State Bank,Wells Fargo,Earlham Savings Bank,Commercial Federal Bank,Raccoon Valley State Bank,Waukee Charter Bank,and Community Bank of Boone are fine institutions,are FDIC insured,and are in Conformance with all applicable provisions of the Code oflowa §452 and §453 (1983)as amended by 1984 Iowa acts,S.F.2000. NOW THEREFORE BE IT RESOLVED that the City Council of Waukee,Iowa do hereby appoint the above- mentioned institutions as official depositories this 24th day of;September 2001, Donald L.Bailey,Jr.,Mayor Attest: 16 Mark J,Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (17)Resolution:Approving letter of intent for an STP and/or STP TE application,Jody Gunderson explained the MPO application process,Funds are being sought from the Metropolitan Planning Organization's Surface Transportation Program (STP)for three projects: (1)widening University Avenue between l42nd and Warrior,(2)surfacing of V Avenue south to Ashworth Rd.and (3)Interstate 80 and Alice's Road Interchange construction,West Des Moines and Waukee are jointly seeking funds for the latter.Funds from STP TE or Surface Transportation Program Transportation Enhancements if received will be used for the construction of a multi-purpose trail,which would be located on existing city right-of-way along the north edge of Southfork Woods and Southfork subdivisions proceeding westerly to the northwest comer of Westgate Business Park.Marvin Berger moved to approve the resolution approving the applications for STP and STP TE funding,Wayne Johnson second.Roll call: Ayes:Berger,Johnson,Peard,Watts,Gruber.Nays:None,Motion carried 5 -o. RESOLUTION NO.01-172 WHEREAS,the City of Waukee will apply for transportation funding through the Metropolitan Planning Organization for the surfacing of L.A.Grant ParkwayN Avenue that portion which is not surfaced south from University Avenue to Ashworth Road;AND WHEREAS,the City of Waukee seeks to acquire funds through the Metropolitan Planning Organization for the widening of University Avenue from 142nd Street to Warrior lane;AND WHEREAS,the City of Waukee and the City of West Des Moines will jointly seek to acquire funds through the Metropolitan Plarming Organization for the construction of the Alice's Road/10Sth Street Interchange at Interstate 80;AND WHEREAS,the City of Waukee will seek to acqnire funds through the Metropolitan Planning Organization for the construction of a multi-purpose trail located on existing city right-of-way along the north edge of Southfork Woods and Southfork subdivisions proceeding westerly to the northwest corner of Westgate Business Park; NOW,THEREFORE BE IT RESOL YED,that the City Council of Waukee,Iowa is connnitted and does hereby approve funding the local match requirement as stated in the applications submitted to the Metropolitan Planning Organization for FY 2005, Passed and adopted by the City Council on September 24,2001, Donald L.Bailey,Mayor ATTEST: Mark J,Arentsen,City Administrator/Clerk ROLL CALL:Ayes Nays Abstain Nicholas Gruber:_X_ Marvin Berger:_X_ MikeWa~:X Wayne Johnson:_X_ WilliamPeard:_X_ (18)Ordinance:An Ordinance to amend Chapter 107,Section 107,8,by amending Section 107,8,Amount of Bonds,Waukee Municipal Code,to provide that the Deputy City Clerk,along with the Mayor,Clerk and Treasurer shall post bond in the amount of$500,000,00;and to provide for blanket bonds for other officers,as the Council deems necessary and requires by resolution,Nick Gruber introduced the Ordinance.Marvin Berger moved to hold the 1st Reading in title only.Nick Gruber second.Roll call:Ayes:Berger,Gruber,Watts,Peard, 17 Johnson.Motion carried 5 -O.Mike Watts moved to waive 2nd and 3rd readings.Bill Peard second.Roll call:Ayes:Watts,Peard,Gruber,Johnson,Berger.Nays:None.Motion carried 5 - O.Nick Gruber moved to put the ordinance on its final passage.Bill Peard second.A discussion as to cost and type ofbond occurred prior to vote.The staff will investigate umbrella vs.individual bond coverage ..Roll call:Ayes:Gruber,Peard,Berger,Watts,Johnson.Nays: None.Motion carried 5 -O. ORDINANCE NO.2355 AN ORDINANCE TO AMEND CHAPTER 107,SECTION 107.8,BY AMENDING SECTION 107.8, AMOUNT OF BONDS,WAUKEE MUNICIPAL CODE,TO PROVIDE THAT THE DEPUTY CITY CLERK,ALONG WITH THE MAYOR,CLERK AND TREASURER SHALL POST BOND IN THE AMOUNT OF $500,000.00;AND TO PROVIDE FOR BLANKET BONDS FOR OTHER OFFICERS,AS THE COUNCIL DEEMS NECESSARY AND REQillRES BY RESOLUTION. Section 1 Amendment.Section 107.8,Waukee Municipal Code is hereby amended by striking said section and inserting in lieu thereof the following: §107.8 Amount of Bonds.Each officer named shall be bonded in an amount not less than: Mayor $500,000.00 Clerk $500,000.00 $500,000.00 $500,000.00 Deputy City Clerk Treasurer The council shall provide by resolution for any blanket surety bond for any other officer or employee that the council deems necessary. The city shall pay the premium on all official bonds. 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 of 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 fmal passage,approval and publication as provided by law.The increases shall only take affect in January 2002. Passed by the City Council of the City of Waukee,Iowa,this 24th day of September 2001 and approved this 24th day of September 2001. Donald L.Bailey,Jr.,Mayor Attested: Mark J.Arentsen,City Administrator/Clerk (19)Ordinance:An Ordinance to amend Chapter 217,Waukee Municipal Code,by defining "kennel"by deleting the definition of "kennel"in Section 217.1 thereof and providing that the definition of kennel shall be the same definition used in Section 301.3 of the zoning ordinance of the City of Waukee,second reading.Mike Watts Moved to have the second reading in title only. Wayne Johnson second.Roll call:Watts,Johnson,Peard,Berger,Gruber.Nays:none.Motion carried 5 -O.Marvin Berger moved to waive the third reading.Bill Peard second.Roll call: Ayes:Berger,Peard,Johnson,Gruber.Nays:Watts.Motion carried 4 -1.Bill Peard put the 18 ordinance on its final passage.Marvin Berger second.Roll call:Ayes:Peard,Berger,Johnson, Gruber.Nays:Watts.Motion carried 4 -l. ORDINANCE NO.2355 AN ORDINANCE TO AMEND CHAPTER 217,WAUKEE MUNICIPAL CODE,BY DEFINING "KENNEL"BY DELETING THE DEFINITION OF "KENNEL"IN SECTION 217.1 THEREOF AND PROVIDING THAT THE DEFINITION OF KENNEL SHALL BE THE SAME DEFINITION USED IN SECTION 301.3 OF THE ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA. BE IT ORDAINED by the Council of the City of Waukee: Section 1.Section 217 .1,Waukee Municipal Code,an Ordinance to Control Animals Classified as Dangerous or Vicious in uature,in the City of Waukee,Iowa,is hereby amended by deleting the definition of the word,"Kenoel", aud inserting in lieu thereof the following: Kennel:The keeping of auy dogs,cats,or other household pets of mammal group regardless of number,for sale,breeding,boarding or treatruent pmposes,except in au animal hospital,veterinary clinic,or pet shop,as may be permitted by law,or the keeping of more than one (1)dog or cat,or on vacant property or on property used for business or commercial pmposes,shall constitute a kennel. The keeping of not more than 3 dogs and 3 cats in a residential district shall not be deemed to be a kennel,unless kept for sale,breeding,boarding or treatruent pmposes.Any person keeping more than three dogs and three in a residential district on the effective date of this ordinauce,registered as required by ordinance,may continue to keep such dogs or cats during the pets lifetime. 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 auy section,provision or part of this ordinauce shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinauce as a whole or auy 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 24TI1 day of September,2001,aud approved this 24th day of September,200 1. Donald Lee Bailey,Jr. MAYOR Attest: Mark 1.Arentsen,Clerk!Administrator (20)Ordinance:An Ordinance amending Chapter 305,Waukee Municipal Code,signage ordinance,by repealing Chapter 305 and substituting in lieu thereof Chapter 305 amending specifications and regulations of signs within the City of Waukee;providing for the administration and enforcement thereof,and providing for the repeal of all ordinances in conflict therewith,third reading.Marvin Berger moved to have the third reading in title only. Nick Gruber second.Roll call:Ayes:Gruber,Peard,Watts,Berger,Johnson.Nays:none. Motion carried 5 -O.Brief discussion.Nick Gruber moved to put ordinance on its fmal passage. Marvin Berger second.Roll call:Ayes:Gruber,Berger,Watts,Peard,Johnson.Nays:none. Motion carried 5 -O. ORDINANCE NO.2356 19 AN ORDINANCE AMENDING CHAPTER 305,WAUKEE MUNICIPAL CODE,SIGNAGE ORDINANCE,BY REPEALING CHAPTER 305 AND SUBSTITUTING IN LIEU THEREOF CHAPTER 305 AMENDING SPECIFICATIONS AND REGULATIONS OF SIGNS WITHIN THE CITY OF WAUKEE; PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF,AND PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONFLICT THEREWITH. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF W AUKEE,IOWA: Section 1.Signage Ordinance.Chapter 305,Waukee Municipal Code,Signage Ordinance,is hereby repealed,and the following signage ordinance is hereby enacted in lieu thereof: Section 305.1.Title.This Ordinance shall be known and may be cited and referred to as the "Sign Ordinance"of the City of Waukee,Iowa,and shall be referred to herein as "this ordinance." Section 305.2.Definitions.For the purpose of this ordinance certain terms and words are hereby defined,Words used in the present tense shall include the future,the singular nmnber shall include the plural and the plural number includes the singular;the word "shall"is mandatory,and the word "may"is permissive;the word "person"includes a finn,association,organization, partnership,trust,estate,company,or corporation as well as an individual. 1.Sign:Any device designed to inform or attract the attention of persons not on the premises on which the sign is located;provided,however,that the following shall not be included in the application ofthe regulations herein: A.Signs not exceeding one (1)square foot in area and bearing only property numbers,post office box numbers,names of occupants of premises,or other identification of premises not having commercial connotations; B.Flags and insignia of any government except when displayed in connection with commercial promotion; C.Legal notices;identification,informational or directional signs erected, approved or required by governmental bodies; D.Integral,decorative or architectural features of buildings,except letters, trademarks,moving parts or moving lights; E.Signs directing and guiding traffic and parking on private property,and bearing no advertising matter;not exceeding four (4)square feet in area. 2.Sign Area:The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed.Frames and structural members not bearing advertising matter shall not be included in computation of the surface area,except where such frames and structural members are used as an integral primary or subsidiary portion of the graphic,literal,or numerical display,such as forming a picture frame to facilitate continuity or providing contrasts to emphasize the intended purpose of the sign. 3.Sign,Exterior;A sign that directs attention to a business,profession,service,product or activity sold or offered upon the premises where such a sign is located.An exterior sign may be a sign attached flat against a building or structure,or projecting out from a building or structure or 20 erected upon the roof of a building or structure.An exterior sign may include any of the following: A.Fascia Sign:A single-faced building or wall sign that is directly attached to and parallel to its supporting wall. B.Projecting Sign:A double-faced building or wall sign projecting at right angles to its supporting wall. C.Marquee Sign:A sign attached to and contained within the perimeter of the face or valance of a marquee. D.Roof Sign:A sign attached upon or above a roof or parapet of a building. 4.Sign,Free Standing or Post:Any sign erected or affixed in a rigid manner to one or more poles,posts or the ground,and which carries any advertisement strictly incidental and subordinate to a lawful use of the premises on which it is located,including signs,or sign devices indicating the business transacted, services rendered or goods sold or produced on the premises by an occupant thereof.A free standing or post sign may also include the following: A.Directory Sign:A sign containing the name of a building,complex or center and two or more identification signs or panels of the same size,color and general design, limited to one identification sign per occupant. B.Monument Sign:A structure,built on grade that forms an integral part of the sign or its background.(See Attachment A for illustrations of sign area and sign types.) 5.Sign,Billboard:As used in this ordinance,billboard shall include all structures, regardless of the materials used in the construction of the same,that are erected,maintained or used for public display of posters,painted signs,wall signs (whether the structure be placed on the wall or painted on the wall itself),and pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located. 6.Sign,Institutional Bulletin Board;An on-premises sign containing a surface area upon which is displayed the name of a religious institution,school,library,public building,community center or similar institution and the announcement of its services or activities. 7.Sign,Temporary:A temporary sign is any sign not permanently attached to the ground, wall or building,and intended to be displayed for a short and limited period of time. 8.Sign,Home Occupation.No sign,other than one unlighted sign not over two (2)square foot in area attached flat against the dwelling and displaying only the occupant's name and occupation, shall advertise the presence or conduct of the home occupation. Section 305.3.Signs Permitted in All Zoning Districts.Signs hereinafter designated shall be permitted in all zoning districts. 1.Temporary Signs. A.Real Estate Signs.Signs advertising the sale,rental,or lease of the premises or part of the premises on which the signs are displayed.One non-illuminated sign,not to exceed eight (8)square feet,shall be permitted on each premise.Such signs shall not extend higher than four (4)feet above grade level or be closer than ten (10)feet to any property line unless located on the wall of a building.Such signs shall be removed within seven (7)days after the disposition of the premises. 21 B.Construction Signs.Signs identifying the architect,engineer,contractor or other individuals involved in the construction of a building and such signs aunouncing the character of the building enterprise or the purpose for which the building is intended but not including product advertising.A sign advertising for new incoming businesses will be allowed provided that a business has beeu issued a building permit.One non-illuminated sign not to exceed fifty (50)square feet shall be permitted per street frontage.Such sign shall not extend higher than ten (10)feet above grade level or be closer than ten (10)feet to any property line unless located on the wall of a building on the premises or on a protective barricade surrounding the construction.Such signs shall be removed within one week following completion of construction. C.Political Campaign Signs:Signs announcing candidates seeking public political office or pertinent political issues.Such signs shall be confmed to private property and shall be removed within one week following the election to which they pertain. D.Street Banners:Signs advertising a public event providing that specific approval is granted under regulations established by the City Conncil. E.Seasonal Decorations:Signs pertaining to recognized national holidays and national observances. F.Personal Aunouncement and Celebration Signs:Signs aunouncing births, anniversaries,weddings and similar celebrations. G.Banners,balloons and posters advertising an opening or closing of business and for special events subject to approval by the Code Compliance Officer.Such signs may only remain in place for two (2)weeks and no more than four (4)times per year. 22 2.Public Signs:Signs of a non-conunercial nature and in the public interest, erected by or upon the order of a public officer in the performance of public duty,such as safety signs,danger signs,trespassing signs,traffic signs,memorial plaques,signs of historical interest and other similar signs,including signs designating hospitals,libraries, schools and other institutions or places of public interest or concern. A.Temporary Directional Signs Placed By City:Signs may be erected by the City of Waukee of a size not greater than 4 feet by 4 feet informing the public of means of access to areas within the City of Waukee to which normal access has been denied due to highway construction. 3.Integral Signs:Signs for churches or temples,or names of buildings,dates of erection,monumental citations)commemorative tablets and other similar signs when carved into stone,concrete or other building material or made of bronze,aluminum,or other permanent type of construction and made an integral part of the structure to which they are attached. 4.Window Signs:Such signs which are displayed inside of a window or within a building,provided however,that lighted window sigus shall be permitted only in those districts where lighted signs are permitted. 5.Monument Signs.One (I)freestanding monument identification sign shall be permitted for each lot,or one (I)sign for each three-hundred (300)feet of street, whichever is greater,subject to provision hereinafter specifically set out.Businesses that have frontage on more than one street will be permitted the use of a second sign provided it measures less than one third (1/3)of the total dimension of the monument sign. A.Proposed Monument Signs drawings and specifications shall be submitted along with a site plan and materials list to the City Code compliance officer for review. B.The sign must have a brick or stone base that measures at least 15%of the total height with a minimum base height of one (I)foot.The sign can be entirely or partially surrounded by brick or stone with the minimum of one (I)foot coverage on three (3)sides.The sign portion must not exceed 70%of the total area.The sign portion must not exceed sixty (60)square feet. C.For lots that have more than one business a sign of eighty (80)square feet will be allowable with the entire monument sign having a maximum of one hundred and sixty (160)square feet. The following freestanding monument identification signs,shall be permitted within the following zoning districts by use: Zoning Maximum size (sq.ft.)Maximum Minimum District Totai/sian nortion Total Heiqht (feet)Setback (feet) A-1 80 10 20 AR*40 10 15 C-1 120/60 15 15 C-1A 120/60 15 15 C-2 120/60 15 15 C-3 120/60 15 15 C-4 120/60 15 15 M-1 120/60 10 20 23 M-1A 120/60 10 20 M-2 120/60 10 20 R-1*40 10 15 R-2*40 10 15 R-3*40 10 15 R-4*40 10 15 R-5*40 10 15 R-6*40 10 15 *In areas so designated,the placement and erection of monument SIgnS IS restncted to entry signs placed in the first lot upon entry into a new development,no other exceptions will be allowed or allowances made.Monument signs within developments are restricted in content to only allow for the name of the development and such artwork as may be in keeping with the residential nature ofthe area in question.The maximum begins at road grade;thus if the sign is placed 3'below road grade,then the sign can technically be 18'v.15'in height. Section 305.4.Signs Permitted in Specified Zoning Districts. 1.A-I Agricultural District. A.One board or sign not to exceed thirty-two (32)square feet in area referring to the construction,lease,hire,or sale of a building,premises,or lots; which sign shall refer to property on which the sign is located,and shall be removed as soon as the premises are sold or leased or construction completed. B.Signs,not exceeding 10 square feet in area,identifying the premises or indicating the prodnct grown or material and equipment used on the premises. 2.R-I Single Family Residential District. A.One board sign not to exceed fifty (50)feet in area referring to the construction,lease,hire,or sale of a building,premises,or subdivision lots; which sign shall refer to property on which the sign is located,and shall be removed as soon as the premises are sold or leased or construction completed. B.Institutional bulletin board signs. 3.R-2 Single Family Residential District. A.One board sign not to exceed fifty (50)feet in area referring to the construction,lease,hire,or sale of a building,premises,or subdivision lots; which sign shall refer to property on which the sign is located,and shall be removed as soon as the premises are sold or leased or construction completed. B.Institutional bulletin board signs. 4.R-3 Multi-family Residential District. A.One board sign not to exceed fifty (50)feet in area referring to the construction,lease,hire,or sale of a building,premises,or subdivision lots; which sign shall refer to property on which the sign is located,and shall be removed as soon as the premises are sold or leased or construction completed. B.Institutional bulletin board signs. 24 C.One non-lighted sign not to exceed twelve (12)square feet in total area attached flat against the principal structure,indicating the name of the premises and/or the names of the occupants,shall be permitted. D.In lieu of C above,one monument or directory sign shall be permitted, Such sign shall not exceed sixteen (16)square feet in area and shall be set back at least twenty (20)feet from any public right-of-way or property line.Such sign may be indirectly or internally lighted. 5.R-4 Multi-family Residential District. A.One board sign not to exceed fifty (50)feet in area referring to the construction,lease,hire,or sale of a building,premises,or subdivision lots; which sign shall refer to property on which the sign is located,and shall be removed as soon as the premises are sold or leased or construction completed. B.Institutional bulletin board signs. C.One non-lighted sign not to exceed twelve (12)square feet in total area attached flat against the principal structure,indicating the name of the premises and/or the names of the occupants,shall be permitted. D.In lieu of C above,one monument or directory sign shall be permitted. Such sign shall not exceed sixteen (16)square feet in area and shall be set back at least twenty (20)feet from any public right-of-way or property line.Such sign may be indirectly or internally lighted. 6.R-5 Planned Unit Development District. A.Such signs as shall be specifically included in the Final Development Plan approved by the City Council. 7.R-6 Mobile Home Residential District. A.One permanent identification sign shall be permitted at any entrance to a Mobile Home Park.Such sign shall be of ornamental metal,stone,masonry, or other permanent material and shall indicate only the name of such Mobile Home Park.Such sign shall not exceed one hundred (100)square feet surface area. 8.C-I Community and Highway Service Commercial District. A.FascialWall Signs. (I)Sign Area Allowed:One square foot (I sq ft)of sign area may be erected for every lineal foot of a building front that has a setback of two hundred and fifty feet (250')or less from the lot line.For a setback of two hundred and fifty one feet (251')to five hundred feet (500'),one and onelhalf square feet (1 1/2 sq ft)of sign area may be erected per lineal foot of building front.For a setback greater than five hundred feet (500'),two square feet (2 sq ft)of sign area may be erected per lineal foot of building front.Set backs shall be measured from the front of said building.The front of said building shall be that wall that contains the main entry.If the front of a building faces away from the street frontage,a wall sign may be erected on the rear or sidewall of said building at a rate of one half (1/2)the lineal footage of said wall. 25 At no time shall more than two walls be used to compute allowable signage. (2)Number of Signs Allowed:A maximum of two signs will be allowed per business with a maximum of one (1)sign per wall.Sign size will be limited by the regulations stated above. (3)Letters,symbols,and logos:Under no circumstances will a letter,symbol or logo dimension greater than six feet (6')be allowed, except any use that occupies in excess of 100,000 square feet of building area shall be allowed to have individual letters not to exceed eight feet (8')in height. (4)Signs which project out from the building more than eighteen (18)inches 'must be at least twelve (12)feet above grade and may project a maximum of six (6)feet; (5)No sign shall project more than four (4)feet above the roofline or parapet where one exists. B.One board sign not to exceed fifty (50)feet in area referring to the construction,lease,hire,or sale of a building,premises,or subdivision lots; which sign shall refer to property on which the sign is located,and shall be removed as soon as the premises are sold or leased Of construction completed. C.One (I)freestanding monument identification sign shall be permitted for each lot,or one (1)sign for each three-hundred (300)feet of street, whichever is greater,subject to provision hereinafter specifically set out. Businesses that have frontage on more than one street will be permitted the use of a second sign provided it measures less than one third (1/3)of the total dimension of the monument sign. j (I)Such a sign may be attached to the building if it is in compliance with section 305.4(9)A and each subparagraph thereof;or such sign may be located within any required yard on a directory sign. (2)The sign may be two-sided.The monument shall not have a total surface in excess of one hundred and twenty (120)square feet on any side,and not more than two sides of said sign shall be used for advertising purposes.The maximum height shall be fifteen (15)feet, and the maximum width shall be twelve (12)feet. (3)The sign must have a brick or stone base that measures at least 15%of the total height with a one (I)foot minimum.The sign can be entirely or partially surrounded by brick or stone with the minimum of one (1)foot coverage on three (3)sides.The sign portion must not exceed 70%of the total area.The sign portion must not exceed eighty (80)square feet in any case. (4)Signs that are composed of wood material or signs with metal as its primary material and any sign surface with letters painted upon a panel or wall area shall be prohibited. (5)Illumination:Signs shall be illuminated by internally fixtures or externally with a constant level of light maintained throughout the sign.Reflectors shall be provided with proper glass or plastic lenses 26 concentrating the illumination upon the area of the sign as to prevent glare upon the street or adjacent property.Illumination shall be no greater than one foot-candle in intensity when measured from the property bounds,and all ground lighting shall be concealed from view by landscape plantings. D.Entry Monuments. A commercial development such as an office park or shopping center may erect one (I)monument with the name of the building, complex or center.To qualify for use of this sign,the development must be at least forty (40)acres (otherwise the monument identification sign requirements still apply).The allowable sizes are as follows: Acres 40-79 80-119 120-159 160-greater Maximum Square Footage 150 200 250 300 The maximum allowable size is 300 square feet,in any case. These monuments must be made up of at least fifty percent (50%) brick,stone or similar material.The sign may be erected in two places so as to surround an entryway;however,the square footage of the two pieces,when summed,must fit within the above requirements. E.The Director of Planning and the Code Compliance Officer have the authority to classify a proposed sign as incompatible to the already existing environment. 9.C-IA Neighborhood Commercial District. Signs are permitted in this district as limited by C-I District regulations. 10.C-2 Central Business District. Signs are permitted in this district as limited by C-I District regulations. II.C-3 Planned Commercial Development Regulations. Sigus are permitted in this district as limited by C-I District regulations. (I)On premises roof signs shall be permitted to a maximum of one hundred fifty (150)square feet.The back of said sigu shall be effectively shielded from public view by a building wall,by backing the sign against another sign face,or by grouping such signs in clnsters to conceal the exposed backs.All roof signs must adhere to the height limitations of this district. (2)The total area of all signs pertaining to the business conducted in any building shall not exceed a total area of two hundred (200) square feet. 27 Signs are permitted in this district as limited by C-I District regulations,io C-4 districts,however,the monument may not be illumioated. 12.C-4 Office Park Commercial District. In addition,one non-illuminated nameplate not over four (4)square feet in area shall be permitted for each individual business or service and/or person engaged io a busioess or profession within the buildiog.Said signs may be attached to the building or be located withio any required yard on a directory sign. 13.M-I Light Industrial District. Signs are permitted io this district as limited by C-I District regulations. 14.M-IA Limited Industrial District. Signs are permitted io this district as limited by C-I District regnlations. 15.M-2 Heavy Industry District. Signs are permitted m this district as limited by C-l District regulations. A.Interstate/freeway sign identifies the name of ao office park, commercial park,iodustrial park,or siogle tenaot user.Interstate/freeway signs must have brick or stone base that preserves largely the same profile from ioterstate/road grade to bottom edge of sign.The sign face shall be no further than six (6)ioches away from the base. 16.Interstate Corridor Signs. B.Size of sign:The total area of a sign shall be actual square footage of one sign face.Dual faced signs may be permitted with the maximum square footage permitted on each side.The maximum size of an ioterstate/freeway sign shall not exceed one hundred and twenty (120)square feet. C.The maxiroum height of an ioterstate/freeway sign shall not exceed thirty (30)feet above ioterstate/road grade with the minimum height set at fifteen (15)feet.Refer to monument sign regulations if the sign height falls under the mioiroum height stated above.The minimum brick or stone allotment for the base of the sign shall equal or exceed forty (40)percent of the width of the sign with the rniniroum base width of three (3)feet. D.Signs that are composed of wood material or signs with metal as its primary material and any sign surface with letters paioted upon a panel or wall area shall be prohibited. E.Illumination:Signs shall be illurnioated by iotemally fixtures or externally with a constant level of light maiotaioed throughout the sign. Reflectors shall be provided with proper glass or plastic lenses concentrating the illumination upon the area of the sign as to prevent glare upon the street or adjacent property.Illurnioation shall be no greater than one foot-candle io 28 intensity when measured from the property bounds,and all ground lighting shall be concealed from view by landscape plantings. F.A tract must have frontage adjacent to the interstate right of way to qualify under this ordinance. G.Minimum interstate sign setback shall be fifteen (IS)feet from interstate right of way. H.Sign allotment:On lots that have interstate frontage with an adjacent roadway and more than one business shall be permitted a monument sign of three hundred (300)total square feet and one hundred and sixty (160)square feet of sign portion.The sign may not be higher than thirty (30)feet,and not wider than ten (10)feet. I.Number of signs:Land adjacent to the interstate will be allowed one (I) sign per lot.Lots that have interstate frontage with another bordering roadway will be allowed one (I)monument sign adjacent to that particular roadway given the sign size is one third (1/3)of the total dimension of a monument sign, referring to the regulations set in Section 305.3 (5). Section 305.5.Signs Prohibited in All Zoning Districts. 1.Obsolete Signs:Signs that advertise an activity,business,product or service no longer conducted on the premises on which the sign is located. 2.Banners,Balloons.Posters,etc.:Signs which contain or consist of banners, balloons,posters,pennants,ribbons,streamers,spinners,or other similarly moving devices,except as specifically provided in Section 301.8 (Kl.d.)hereof.These devices when not part of any sign shall also be prohibited. 3.Portable Signs:Commercial signs that are not permanently anchored or secured to either a building or the ground. 4.Off-Premise Signs on Public PropertY:Off-premise signs located on public property that is being used for public purposes. 5.Flashing Signs:No flashing,blinking,or rotation lights shall be permitted for either permanent or temporary signs,except time and temperature signs and brief public announcement signs. 6.Moving Signs:No sign shall be permitted any part of which moves by any mechanical or electronic means. 7.Painted Wall Signs:Off-premise signs painted on building walls for commercial purposes. 8.Projecting Sigps:Signs.as defined in Section 301.3 9.Pole Sigps:Except as specifically permitted,no pole sign shall be permitted within the City of Waukee. 10.Visibility at Intersections in Any Districts:On any comer lot in any district,no sign shall be erected,placed,or allowed to be situated in such a manner as materially to impede vision between a height of two and one-half (2 1/2)and ten (10)feet above the 29 centerline grades of the intersecting streets in the area bounded by the street lines of such comer lots and a line joining points along said street lines twenty-five (25)feet from the point of intersection of right-of-way lines. Section 305.6.General Sign Regulations. I.Conformance Required:Except as may be hereinafter specified,no sign shall be erected,placed,maintained,converted,enlarged,reconstructed or structurally altered which does not comply with all of the regulations established by this ordinance. 2.Maintenance:All signs shall be maintained in a good state of repair,including, but not limited to,the structural components,the lighting if any,the portion attaching the sign to the ground or structure,and the surface features. 3.Non-Conforming Signs:Where a sign exists at the effective date of adoption or amendment of tbis ordinance that could not be built under the terms of this ordinance by reason of restrictions on area,use,height,setback,or other characteristics of the sign or its location on the lot,such sign may be continued so long as it remains otherwise lawful, subject to the following provisions: A.No such sign may be enlarged or altered in a way which increases its non-conformity;however,reasonable repairs and alterations may be permitted. B.Should such sign be destroyed by any means to an extent of fifty (50) percent or more of its replacement cost at time of destruction,it shall not be reconstructed except in conformity with the provisions of this ordinance. 4.Penni!Required:A sign permit,signed by the owner and tenant,and approved by the administrative official,shall be required before the erection,construction, alteration,placing,or locating of all signs conforming with tbis ordinance. 5.Pennit Not Required:A permit shall not be required for repainting without changing permanent wording,composition,or colors;or for non-structural repairs. 6.Plans:A copy of plans and specifications shall be submitted to the administrative official for each sign regulated by this ordinance.Such plans shall show sufficient details about size of the sign,location and materials to be used and such other data as may be required for the administrative official to determine compliance with this ordinance. 7.Appeal:Any person or persons aggrieved by the decision of the administrative official to approve or disapprove a sign permit,as provided by this ordinance,may appeal such decision to the Board of Adjustment as provided by Section 301.28 of this ordinance. Section 305.7.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 305.8.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 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 30 Section 3.Severability Clause.If any sectiou,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 fmal passage,approval and publication as provided by law. Passed by the Council this 24"'day of September,2001,and approved this 24th day of September, 2001. Donald L.Bailey,Jr. MAYOR Attest: Mark J.Arentsen,Clerk/Administrator (21)Resolution:Approving the request for traffic signals at Carefree and Hickman and requesting designated left turn signals on all traffic signals .Limited discussion.Nick Gruber moved,Marvin Berger second to approve resolution.Roll call Ayes:Gruber, Berger,Watts,Peard,Johnson.Nays:none.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION NO.OI-173 REQUESTING TRAFFIC SIGNALS AT THE INTERSECTION OF CAREFREE LANE AND mCKMANROAD IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee is continuing to see a significant amount of commercial development at the intersection of Carefree Lane and Hickman Road,AND, WHEREAS,traffic signals wiII be needed in the near futme to accommodate the developing traffic and assure that traffic congestion does not adversely affect property values or futme development in this area, NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 24th day of September,2001 that it hereby requests the installation of traffic signals at the intersection of Carefree Lane and Hickman Road as soon as practicable. Donald L.Bailey Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (22)Resolution:Approving change order 1 on 2001 Sidewalk Improvements,Phase I. Mike Watts moved to approve paying an additional $490.00 to Marker Services,Inc. Marvin Berger second.Roll call:Ayes:Watts,Berger,Gruber,Johnson,Peard.Nays: none.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-174 31 APPROVING IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee accepted the initial bid of Marker Services,Inc.AND, WHEREAS,the City of Waukee expected Marker Services,Inc.to install sidewalks in an area previously without sidewalks AND, WHEREAS,the City of Waukee expected Marker Services,Inc.to correct any unforeseen problems developing from the installation of the sidewalks in the 200 I Sidewalk Improvement AND, WHEREAS,Marker Services,Inc.gave the City a proposal for the correction of a drainage problem created by installation of the new sidewalk AND, WHEREAS,City Staff and Veenstra &Kimm have found the proposal to be reasonable; NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do hereby approve Change Order No.I in the amount of$490.00 to Marker Services,Inc.on this 24th day of September,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X BillPeard X Mike Watts X Wayne Johnson X (23)Resolntion:Approving change order 2 on 2001 Sidewalk Improvements,Phase 1. Wayne Johnson moved to pay an additional charge of $1,031.00 to Marker Services,Inc. Mike Watts second.Roll call:Ayes:Johnson,Watts,Peard,Berger,Gruber.Nays:none. Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-175 APPROVING IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee accepted the initial bid of Marker Services,Inc.AND, WHEREAS,the City of Waukee expected Marker Services,Inc.to install sidewalks in an area previously without sidewalks AND, WHEREAS,the City of Waukee at its regularly scheduled council meeting,July 2,2001,held a public hearing on the resolution of necessity for the 2001 Sidewalk Improvement Project AND, WHEREAS,the City of Waukee agreed to modify existing plans or provide an additional sidewalk for property owners present at the meeting and to provide similar sidewalks for other owners of comer lots in the project area,if requested AND, WHEREAS,Marker Services,Inc.has submitted a proposal for the addition of a sidewalk at 180 Bel-Aire Drive AND, WHEREAS,City Staff and Veenstra &Kimm have found the proposal to be reasonable; NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do hereby approve Change Order No.2 in the amount of$I,031.00 to Marker Services,Inc.on this 24th day of September, 2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X 32 Mike Watts X Wayne Johnson X (24)Receive/File:Information on parking lot berms -landscape requirements.Chad Weaver gave the background on the information being provided.Mike Watts explained the landscape ordinance for parking lots,which is an Ordinance that West Des Moines has adopted.The sentiment of the Council was to tum this over to staff for research and application to Waukee Ordinances.It was also recommended that staff indicate to Planning and Zoning that an Ordinance would be coming their way.The Mayor entertained a motion to receive/file.Mike Watts moved,Bill Peard second.Roll call: Ayes:Watts,Peard,Berger,Gruber,Johnson.Nays:none.Motion carried 5 -O. (25)Motion:Approving October 15,2001 as date for the public hearing on the 28E agreement and annexation moratorium with West Des Moines.There was considerable discussion concerning this potential agreement and annexation moratorium.Nick Gruber moved to approve October 15 as the public hearing date.Wayne Johnson second.Roll call:Ayes:Gruber,Johnson,Berger,Peard,Watts.Nays:none.Motion carried 5 -O. (26)Motion:Approving appeal of auditor's decision regarding FY2000 audit.The City Attorney,Paul Hutchison,indicated that the Auditor held a hearing under 11.21 ofthe Code of Iowa.The auditor is required to set the rules for these hearings and in addition the auditor's office is responsible for following ordinary procedures concerning these hearings.They did not do so.So then the question arises as to whether the hearing was official or merely an in house review ofthe situation to determine if the billing was correct.No answer to this question was available from the Attorney General's office. The Attorney General has indicated that if we wanted to appeal the FY2000 Audit invoice,we should do so under 17A,which is an administrative appeal and would go to the district court.At that time,if we wanted or had a reason to do so and the Court agreed,we could present additional evidence.Nick Gruber moved to appeal the decision of the Auditor's office under 17A.Mike Watts second.Roll call:Ayes:Gruber,Watts, Peard,Berger,Johnson.Nays:none.Motion carried 5 -O. (27)Motion:Appointing Jody Gunderson as City representative to Dallas County Development Board.Mike Watts moved to approve this appointment.Bill Peard second. Roll call:Ayes:Watts,Peard,Berger,Gruber,Johnson.Nays:none.Motion carried 5 - O. REPORTS: City Administrator,Mark Arentsen:I'll be attending the Council Round Table discussion tomorrow with Marvin Berger.Proposals from engineers for projects coming up next year will be due next Friday,10-05-01.Dedication of the park in the Regency Windfield Development is this Friday at 4 o'clock. Deputy City Director,Cathy Paardekooper:Continuing with the projects mentioned before. Director of Economic Development,Jody Gunderson:Tomorrow at 5 :30 we will have a community development meeting in these chambers. Code Enforcement Officer,Dennis Dowell:Construction is moving along.Kurtz exterior is being put on.Westwood's plaza is coming along -enclosing.Warrior plaza is getting a new foundation.They will be moving dirt in the Sugar Creek Windfield townhomes have just completed six more units.Another building will be coming on line. Treasurer,Linda Burkhart:Working on updating the Township Fire Agreement,have an IPERS audit October 9,2001,Cathy and I attended the Golden Circle Municipal Officers 33 meeting last week.State Auditor's office presented brief update concerning the implementation of GASB Statement 34,which we will need to comply with in year 2004. Public Works Director,John Gibson:Sidewalks are coming along fine,on schedule. Started Fourth Street cul de sac construction last Friday.Enterprise Business Park 3 started. City Engineer,Mikelis Briedis:This Wednesday night we will have another meeting of the Triangle Development. City Planner,Chad Weaver:Continuing effort to update some of the Ordinances.Paul and I are working on the Park Dedication Fee Ordinance,which hopefully will withstand court scrutiny.Ongoing .... City Attorney,Paul Huscher:With regard to the Park Dedication and Impact Fee Ordinance,Council and interested parties are encouraged to contact their legislator and/or League of Cities to encourage the passage of a bill,which would identify the requirements of a city's ordinance.Heard from the County Attorney on the 28E agreement.That agreement will be forthcoming. Wayne Johnson,Park Board:October 20 is Wauktoberfest,an activity mainly for children.A number of community organizations will be involved.Everyone is encouraged to attend.Visited with Steve Staub concerning the Park Dedication and Impact Fee Ordinance. Bill Peard,Chamber of Commerce:The Chamber of Commerce will host the Fall Festival this weekend.The Big Band under the baton of Paul Huscher will play at four. Mike Watts,Utility Committee:The Utility meeting will be the 8th of October.The Development meeting will be tomorrow night. Marvin Berger,Planning and Zoning:The P &Z meeting will take place tomorrow night. Nick Gruber,Library:Working on the floor plans.Groundbreaking will take place Friday at 6:00 pm. At this time Mayor asked for motion to adjourn.Gruber moved.Johnson second,Ayes: all.Nays:None.Motion carried 5-0. Meeting Adjourned at 8:54 PM.~ "DLo=-n-lallLd-'::L-.-=B:-aJ":·l-ey-"',"'J:-'r.Cl..,M"'Pfft"'a"'y-=.or-"iJ-------- 34