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Newspaper Archive of
N. Warren Town and County News
Norwalk, Iowa
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March 1, 2012     N. Warren Town and County News
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March 1, 2012
 

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Page Six N/Warren Town and County News Thursday, March 1, 2012 ,.,a m OFFICIAL PUBLICATION REGULAR COUNCIL MEETING 2-16-12 The Regular City Council Meeting of the Norwalk City Council was held at the Norwalk City Hall, 705 North Avenue, on Thursday, February 16, 2012. The meeting was called to order at 6:30 P.M. by Mayor Doug Pierce. Those present at roll call were Dave Murillo, Mike Leto, Jamie Sylvester, Eric Delker and Frank Curtis. Absent: none. 12-033 Motion by Delker and seconded by Leto to approve the Agenda. Ap- proved 5-0. Ayes: Murillo, Late, Sylvester, Delker and Curtis. Nayes: none. 12-034 Motion by Delker and seconded by Curtis to approve the Minutes of the February 2, 2012 Regular Council meeting. Approved 5-0. Ayes: Murillo, Leto, Sylvester, Delker and Curtis. Nayes: none. The mayor welcomed those guests present. The public portion of the meeting was opened with no one wishing to speak. With none forthcoming, the business portion of the meeting was opened. The Consent Agenda includes Liquor licenses for Dollar General, Plaza Food and Square Bar Association and expenditures: ADVENTURES IN ADVERTISING AMERICAN PLANNING ASSOC. ANGLE STARMER AUTO JET BETHANIE LAFFERTY BOBS CUSTOM TROPHIES CAPITAL CITY EQUIPMENT CO CARPENTER UNIFORM CITY LAUNDERING CO COMMONWEALTH ELECTRIC COMP CONCENTRA MEDICAL CENTERS CONSTRUCTION & AGGREGATE DES MOINES IRON Fareway, ALLOWANCES $334.36 APA MEMBERSHIP $109.00 BOOTCAMP $871.64 AUTO REPAIR $247.86 YOGA $579.60 WALL HOLDER $168.75 BOBCAT $203.18 UNIFORMS $87.97 BLDG MAINT $73.75 EQUIPMENT $95.78 DRUG TESTING $67.00 CONSTRUCTION & AGGR $102.00 STEEL $231.60 DES MOINES WATER WORKS DMVVW $22,057.81 DOWNEY TIRE REPAIR EQUIPMENT $386.88 FASTENAL VEHICLE OPERATIONS $34.46 FELD EQUIP CO. INC EQUIPMENT $192.70 FIRE SERVICE TRAINING BURE EDU/1-RAINING $100.00 FOTH INFRASTRUCTURE & ENVI NBC POND IMPROVEMEN $7,625.00 GE CAPITAL COPIER $520.00 GREATER DES MOINES PARTNER DC TRIP $8,780.00 HALLE-I-I- MATERIALS SUPPLIES $1,367.45 HARVEY'S AUTOMOTIVE & PARTS AND SUPPLIES $844.24 HD SUPPLY WATERWORKS SUPPLIES $650.00 HOLMES CHEVROLET REPAIRS $46.37 HYDRO KLEAN SEWER INSPECTION $815.00 ILLINOIS FIRE STORE EQUIPMENT $68.88 INDIANOLA FIRE DEPARTMENT BILLING $1,830.00 INDOFF INC SUPPLIES $753.94 IOWA CODIFICATION INC SUPPLEMENTS ORD 11- $552.50 IOWA RADIOLOGY TESTING $42.96 IOWA WINDOW SERVICE INC BLDG MAINT $80.00 KUEHL, NANCY REIMBURSEMENT $45.29 LIVING MAGAZINE DISPLAY NORWALK $900.00 MARSHA MAPES Z UMBA " $1,174.17 MARY JANE SHARP AEROBICS $1,164.82 MATHESON LINWELD VEHICLE OPERATIONS $108.19 MEDICAP PHARMACY MED SUPPLIES $133.79 MENARDS SUPPLIES $108.83 MERCY SCHOOL OF EMERGENCY PROVIDER CARDS $360.00 METRO WASTE AUTHORITY YARD WASTE STICKERS $7,657.9Q MICHAEL WAGENKNECHT TAEKWONDO $1,106.00 MIDWEST BREATHING AIR SYS EQUIPMENT $125.00 MUNICIPAL SUPPLY SUPPLIES $1,460.00 'NORTH WARREN TOWN & MINUTES 1/19/12 $208.14 "RORTHEROOL 'EUIPMENT TRAILER $661.85 NORTHLAND VEHICLE OPERATIONS $2,579.55 NORWALK FAMILY PHYSICIANS PHYSICAL $851.00 NORWALK HARDWARE & AUTO SUPPLIES $184.84 O'HALLORAN INTERNATIONAL REPAIR #45 TRUCK $1,051.47 PIERCE BROS REPAIR VEHICLE REPAIR $128.00 PROGRESSIVE MEDICAL INTL MEDICAL EQUIPMENT $1,747.02 PUSH PEDAL PULL SERVICE REPAIR $84.80 REYNOLDS FEED SERVICE DRUG DOG $43.90 SAFETY GLASSES USA MED SUPPLIES $163.21 SAFETY-KLEEN VEHICLE OPERATIONS $80.00 tSAMS CLUB " SUPPLIES $549.28 SCOI-rS FOODS SUPPLIES $202.90 SPORT SUPPLY GROUP INC EQUIPMENT $1,399.99 ST LUKES DRUG AND ALCOHOL DRUG TESTING $74.00 TERMINIX INTERNATIONAL . BLDG MAINT $60.00 THE WRIGHT PLACE DAMAGE DEPOSIT $5.00 WASTE MANAGEMENT OF'IA WASTE MANAGEMENT $24,652.77 WORKSPACE INC FURNITURE $75.00 GRAND TOTAL $99,062.39 12-035 Motion by Delker and seconded by Curtis to approve the Consent Agenda. Approved 5-0. Ayes: Mud,o, Leto, Sylvester, Delker and.Curtis. Nayes: none. 12-036 Motion by Sylvester and seconded by Late to pass a proposed Ordi- nance amending the Code of Ordinances of the City of Norwalk, Iowa, sec- tion 17.04.300 by amending provisions pertaining to home occupations within the City of Norwalk. Approved 5-0. Ayes: Murillo, Late, Sylvester, Delker and Curtis. Nayes: none. (third readino) ('Ordinance No. 12-011 Steve Hunt, 1101 North Avenue, and Mike Wahl, 607 Wright Road, expressed concerns that the adoption of the Home Occupancy Ordinance will restrict cur- rent home businesses and is a personal attack against certain home occupied businesses. The next item on the Agenda is a Public Hearing for the general obligation bonds series 2012 A. Mayor Pierce opened and closed the Public Hearing. 12-037 Motion by Sylvester and seconded by Delker to adopt a Resolution taking additional action to enter into a loan agreement and setting the date for the sale of general obligation emergency equipment bonds series 2012A. Approved 5-0. Ayes: Mud,o, Late, Sylvester, Delker and Curtis. Nayes: none. (Resolution No. 0216-12-07) 12-038 Motion by Curtis and seconded by Sylvester to adopt a Resolution setting March 1, 2012 as the date for sale of general obligation refunding bonds series 2012B. Approved 5-0. Ayes: Murillo, Leto, Sylvester, Delker and Curtis. Nayes: none. (Resolution No.0216-12-0@) The next item on the Agenda is a Public Hearing for the Norwalk Business Cen- ter pond improvements project. Mayor Pierce opened and closed the Public Hearing. 12-039 Motion by Delker and seconded by Curtis to adopt a Resolution adopt- ing plans, specifications, form of contract and estimate of costs for the Norwalk Business Center pond improvements project. Approved 5-0. Ayes: Murillo, Leto, Sylvester, Delker and Curtis. Nayes: none. (Resolution NO. 0216- 12-040 Motion by Curtis and seconded by Sylvester to adopt a Resolutiorr to make award of Norwalk Business Canter pond improvements project con- tract to Elder Corporation in an amount not to exceed $58,607.99. Approved 5-0. Ayes: Murillo, Leto, Sylvester, Delker and Curtis. Nayes: none. (Resolu- tion No. 0216-12-10) 12-04 1 Motion by Sylvester and seconded by Delker to adopt a Resolution to enter into an agreement between the City of Norwalk and McClura Engi- neering Company for an amount not to exceed $175,000 for the Lakewood Subdivision infrastructure study. Approved 5-0. Ayes: Murillo, Late, Sylvester, Delker and Curtis. Nayes: none. (Resolution No. 0216-12-11) 12-042 Motion by Delker and seconded by Sylvester to adopt" a Resolution authorizing a Utility Easement for MidAmerican Energy on parcel "A" of outlot "X". Approved 5-0. Ayes: Murillo, Leto, Sylvester, Delker and Curtis. Nayes: none. (Resolution No. 0216-12-111 12-043 Motion by Curtis and seconded by Leto to table consideration and first reading of a proposed Ordinance providing for increased water rates and increased sewer rates, and amending section 13.18.050(B) and 13.04,391 of the Norwalk Municipal Code. Approved 5-0. Ayes: Mud#o, Leto, Sylvester, Delker and Curtis. Nayes: none. 12-044 Motion by Curtis and seconded by Murillo to approve the proposed amended City of Norwalk City Council procedural rules. Approved 5-0. Ayes: Murillo, Leto, Sylvester, Delker and Curtis. Nayes: none. 12-045 Motion by Delker and seconded by Murillo to approve a contract be- tween the City of Norwalk and Moulder & Associates for evaluation of the Police Department and Fire Department structures and administration for both departments in an amount not to exceed $7500. Council has been directed to provide Moulder with a policy statement and list of directives for both departments. Approved 5-0. Ayes: Murillo, Leto, Sylvester, Delker and Curtis. Nayes: npne. The next item on the Agenda is Discussion o1 a potential Ordinance in rela- tion to the position of City Manager. The first reading of the proposed Ordi- nance will be held at the March 1,2012 City Council meeting. 12-046 Motion by Delker and seconded by Murillo to adjourn the meeting. Approved 5-0. Ayes: Murillo, Late, Sylvester, Delker and Curtis. Nayes: none. Doug Pierce, Mayor Jeff Rosien, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 12-1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORWALK, IOWA, SECTION 17.04.300, BY AMENDING PROVISIONS PERTAINING TO HOME OCCUPATIONS WITHIN THE CITY OF NORWALK BE IT ENACTED by the City Council of the City of Norwalk, Iowa: SECTION 1. SUBSECTION REPEALED. The Code of Ordinances of the City of Norwalk, Iowa, is hereby amended by repealing Section 17.04.300, Home Occupations SECTION 2. NEW SUBSECTION. The Code of Ordinances of the City of Norwalk, Iowa, Section 17.04.300 is amended by adding a new Section 17.04.300, Home Occupations, which is hereby adopted to read as follows: 17.04.300 Home Occupations: This section is intended to protect residential areas from potential adverse impacts of activities defined as home occupations without eliminating certain businesses and occupations that may be compatible with residential areas. These regulations establish criteria to permit residents of the community a broad choice in the use of their homes as a place of livelihood in the production or supplementation of personal/family income. Home occupa- tions apply only to the residents that are living in the home where the occupation is taking place. 17.04.301 Permitted Home Occupations: The following operations and/or uses are considered permitted in any district that a,ows household living, provided that they are r, egistered with the Development Department: 1. Home sewing or tailoring. 2. Studios for painting, sculpting, ceramics or other similar arts. 3. Writing or editing. 4. Office activities (scheduling, telephone answering, etc.) requiring a limited number of trips to the home. 5. Production of crafts such as handiwork, model-making, weaving, lapidary, and wood working for the purpose of selling a product off-premises. 6. Tutoring to no more than four (4) students at any one time. 7. Home-cooking, preserving and baking for the purpose of selling a product off-premises. 8. Computer programming, repair, internet services and similar occupations. 9. Mail order business where products are shipped directly from an off-site supplier to the customer. 10. Office for architects, engineers, realtors, accountants, or similar occupations. 11. In-home childcare (daycare), provided the following requirements are met: a. All childcare homes shall be. registered with the Iowa Department of Human Services (DHS) and shall be in current, good standing. b. Shall follow all other requirerents of this chapter, applicable zoning codes, and applicable building codes. c. No in-home childcare shall Jiallowed that does not meet items a., b., above. 12. Other uses and/or activities that are similar to the uses stated above as determined by the Development Department. 17.04.302 Special Home Occupations: The following operations and/or uses are considered to have some impact on surrounding residential areas and there- fore must obtain Zoning Board of Adjustment approval (Special Use Permit) before operation begins: 1. Barber shops and beauty parlors. 2. Small repair shops, including small appliances, mower repair, blade sharp- ening and similar uses. 3. Catering businesses. 4. Private construction contractors provided there shall be no storage of ma- chinery, construction equipment, and similar products except in an enclosed private garage. 5: Bed and breakfast establishments. 6. State licensed massage therapists having no age requirement for admit- tance. 7. Other uses and/or activities that are similar to the uses stated above as determined by the Development Department, however no use and/or activity !isted as a prohibited home oc?upation shall be considered. 17.04.303 Prohlbitad Home Occupations: The following operations and/or uses are considered to have major impacts on surrounding residential areas and therefore are not permitted within the City of Norwalk residential districts: 1. Taxi cabs/limousine service. 2. Animal Hospitals. 3. Dancing or exercise studios. 4. Private Clubs 5. Restaurants, excluding tea and coffee rooms and bed and breakfast estab- lishments. 6. Stables and kennels. 7. Retail in which items or goods are displayed from the home and/or custom- ers or individuals go to the home to purchase such items or goods on a regular basis, whether this is seasonal or year round. 8. Repair or detailing of all motorized vehicles done at a residence, including work that takes place within enclosed structures. 9. Other uses and/or activities that are simiiar to the uses stated above as determined by the Development Department. 17.04.304 Permit Review: 1. Permitted home occupations: Site plan submittal of the business and resi- dence for staff approval. 2. Special home occupations: A Special use Permit application with a site plan of the business and residence. The Zoning Board of Adjustment will make a determination based on the requirements of this regulation and all other regula- tions required for a special use permit. 17.04.305 Criteria for All Home Occupations: The following regulations shall be used for both permitted and special home occupations: 1. The home occupation should not alter the normal residential characteristic of the premises, and in no way cause a nuisance to surrounding property. 2. When located in the principal structure, the home occupations shall not oc- cupy more than 25 percent of the floor area of the home. 3. When located in an accessory structure, the home occupation shall not oc- cupy more than six hundred (600) square feet. 4. No sign, other than one (1) unlighted sign not over one (1) 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 occupa- tion. 5. At no point through the life of home occupation shall materials or machinery be stored outside the structure, and no repairs shall be made to equipment out- side the principal or accessory structures. Automobiles that are owned and operated by the receiver of a home occupation may be parked outside, provided the vehicles and parking area meet all other requirements of this Chapter and City Code. 6. Employment for home occupations shall be limited to family members resid- ing in the principal structure. a. One additional employee that is not a family member residing in the principal structure may be allowed for home occupations. b. Home occupations that involve an exterior activity, where work done in con- junction with the home occupation does not take place within the confines of the structures on the premises or otherwise at the specified property, may employ an unlimited number of individuals. Such employees shall not gather, work, park, or otherwise associate at the actual residential home and/or property where the permit is issued. 7. Home occupations are limited to one operation per lot, and rental property must have landlord approval prior to operation. 8. Special Use Permits that are granted for all home occupations shall only be valid for the owner (operator) and property stated on the resolution and are non- transferable to subsequent property owners (operators) and/or to other proper- ties. 91 Sale of goods which are incidental to an approved Permitted or Special Home Occupation is permitted. 17.04.306 Existing Home Occupations: 1. Existing home occupations as stated in Section 17.30.402 and 17.30.403 shall be required to register and/or obtain a special use permit within one year from adoption of this Zoning Code (2008) from the City. 2. For the purpose of this section, existing home occupations are defined as home occupations in existence and conforming to all applicable regulations prior to the adoption of this zoning ordinance. 3. Existing home occupations that are listed on the Prohibited Home Occupa- tion list shall cease and desist all operations within one year from the adoption date of this ordinance. 17.04.307 Garage Sales: Garage sales are allowed in residential areas pro- vided that they meet the following requirements (such uses are not required to register as a home occupation): 1. No more than six (6) garage sales per calendar year for each property. 2. Each individual garage sale shall not exceed four (4) consecutive days. 17.04.308 VIoQns: Any violation of this section shall be grounds for a cease and desist order and possible fines as determined by the Development Depart- ment. 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. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the 16 'h day of February, 2012. Doug Pierce, Mayor A]-FEST:. Jeff Rosien, City Clerk I certify that the foregoing was published as Ordinance No. 12-1 on the 1 st day of March. In-Floor ~ Geothermal Heating "Insured & Certified" (515) 989.0106 SALES - SERVICE ~ REPLACEMENT BATHROOM REMODEL