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Newspaper Archive of
N. Warren Town and County News
Norwalk, Iowa
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November 14, 2019     N. Warren Town and County News
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November 14, 2019
 

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Page Ten N/Warren Town and County News Thursday, November 14, 2019 OFFICIAL PUBLICATION ABRIDGED MINUTES OF THE NORWALK REGULAR COUNCIL MEETING ON 11-7-19 (Minutes to be approved at the November 21, 2019 meeting) MayorTom Phillips called the City Council meeting to order at 6:00 PM. Present at roll call: David Lester. Brian Baker, Stephanie Riva, Ed Kuhl and Jaki Livingston. (RC roll call vote) Staff present included: Luke Parris, Community Development Director; Tony Bellizzi, Veenstra Kimm City Engineer; Ryan Coburn, Fire Chief; Robin Leaper, Park Recreation Director; Holly Sealine, Library Director; Hollie Zajicek, Economic Development Director;Jean Furier, Finance Director; Greg Staples, Police Chief; Lindsey Offenburger, City Clerk; Luke Nelson, City Manager; Jim Dougherty, City Attorney. Pledge of Allegiance Motion by Kuhl, seconded by Riva to approve the agenda as amended by removing item E - Resolution Setting a Date for a Public Hearing on Proposal to Enter into a General Obligation Urban Renewal Loan Agreement and to Borrow Money Thereunder from the consent agenda to the regular agenda, carried unanimously voice vote. Welcome of Guests Public Comment Presentations Introduction of new Communications Coordinator Shelby Hisel Motion by Baker, seconded by Livingston to approve the Minutes of the October 17, 2019 regular City Council meeting, carried unanimously, voice vote. Motion by Livingston, seconded by Riva to approve Resolution 19195 Setting a Date for a Public Hearing on Proposal to Enter into a General Obligation Urban Renewal Loan Agreement and to Borrow Money Thereunder (hotel on Marketplace and sports facility in Hughes Century Crossing), carried unanimously, RC. Motion by Kuhl. seconded by Livingston to approve the consent agenda which included: tax abatements; Special Events Application Christmas Parade - December 8. 6:00 pm; Approve Annual Finance Report; Resolution 19196 Setting a Date of Meeting at Which it is Proposed to Approve a Development AGrsement with Hart Family Hotels-Norwaik LLC, Including Annual Appropriation Tax Increment Payments; Resolution 19197 to Approve Pay Estimate No. 1 to Des Moines Asphalt 8 Paving for Beardsley Street Pavement Rehabilitation/HMA Resurfacing Project; Resolution 19198 Authorizing the Chief of Police to Execute a 28E Agreement with the Iowa Alcoholic Beverage Division for Compliance Checks on Tobacco, Alternative Nicotine and Vapor Produc‘ Vendors: Resolution 19199 Approving the November 2019 Comme ial Improvement Grant Application from De Rocner Chiropractic Clinic; Resoiution 19200 Approving the November 2019 Commercial improvement Grant Apptlcation rrom Outskirtz Bar Grill; and expenditures, carried unanimously, RC. Payee Description Amount ABT iviAILCOIv‘. UTILITY BILL PROCESSING 8 MAILIIG 2,043.72 ACCO WiNTERIZE POOL 2,125.45 AHLERS 8 COONEY, PC. UNION NEGOT iATIONS 4,013.02 AMAZON PROGRAMS 606.76 AMAZON CAPITAL SERVICES GLOW STICKS FOR HALLOWEEN EVENT 222.71 BAKER TAYLOR INC FILM 1,810.69 BAKER TILLY VIRCHOW KRAUSE, LLP MOBILE WORK ORDER SOFTWARE 2,800.00 BEDWELL GARDENS FLOWERS FOR CITY PARK 23.25 BOLTON MENK. INC NORTH AVE AND MAIN ST 3,073.00 BOWEN DESIGN LLC VOLLEYBALL T-SHIRTS 141.15 CANTEEN REFRESHMENT- SERVICES PS COFFEE 47.29 CAPITAL CITY FRUIT , ; FRUIT.- WELLNESS COMMITTEE 77.00 CiAPITAL SANITARY SUPPLIES PS CUSTODIAL SUPPLY 42.68 008 PRESENTATION SYSTEMS CC CHAMBERS - PROGRAMMING SYSTEM 910.00 CENTURYLINK LONG DISTANCE 1,462.06 CITY STATE BANK UTILITY DEPOSIT REFUND -1037 SUNSET 11.59 CORE MAIN MATERIAL FOR OLD ORCHARD - STORM . 1,866.70 CTI READY MIX, LLC CONCRETE STREETS — OLD ,1. ‘ ORCHARD 5,654.25 DES MOINES ASPHALT & PAVING BEARDSLEY ST PAVEMENT f? REHAB/HMA 378,052.35 DES MOINES WATER WORKS 746 COUNTY LINE RD 54,529.07 DOWNEY TIRE 4TIRES MOUNTING/BALANCING -, FORD EXPLORER 520.00 EQUIPMENT SYSTEMS INC PARTS FOR TIRE CHANGING EQUIPMENT 59.85 EXTERIOR SHEET METAL, INC 'PS HVAC REPAIRS 690.00 HALLE'I'I' MATERIALS 1 CLEAN STONE STREETS" 965.35 HOLLIE ASKEY REIMBURSEMENT BREAKFAST MTG 23.79 IMWCA WC FY19 AUDIT PREMIUM ' ADJUSTMENT 21,089.00 INDOFF INC OFFICE SUPPLIES 180.38 IOWA D.A.R.E. ASSOCIATION DARE - DUNLOP 100.00 IOWA DEPARTMENT OF PUBLICIOWA SYSTEM ACCESS 7/19-9/19 1,071.00 IOWA ONE CALL LOCATION NOTIFICATIONS 374.60 IOWA WINDOW SERVICE INC CH EXTERIOR- OCT 93.50 JAMES OIL COMPANY LLC GASOHOL STATE TAX 14,849.63 JEAN FURLER ICMA CONFERENCE BREAKFAST 239.37 JIM LUZIER FIREFIGHTER PHYSICAL 332.00 JOHNSON CONTROLS SEMI-ANNUAL WET SPRINKLER BACKFLOW SERVICES FOR FIRE ALARM 513.41 KERRI KEYTE MILEAGE REIMBURSEMENT 22.85 KIRK WESTVOLD REIMBURSEMENT - MEAL AT CONFERENCE 45.17 LLC CENTURYLINK COMMUNICA LONG DISTANCE 29.06 LOGAN CONTRACTORS SUPPLY PARTS FOR CRACK SEALING MACHINE 128.38 LUKE NELSON CONFERENCE ACCOMODATIONS 1,360.19 MAXWELL, JAMES UTILITY REFUND- 606 ELM AVE 18.49 MAYER, KEVIN UTILITY REFUND 711 MAFRED DR 68.50 MEDICAP PHARMACY EMS MEDICATIONS 545.10 Y METRO WASTE AUTHORITY MONTLHY COMPOST IT TOTE SALES 14,275.56 MICROMARKETING ASSOCIATES AUDIOBOOKS 3,271 .42 MIDAMERICAN ENERGY GAS/ELECTRIC 16,238.19 NORTH WARRENTOWN COUNT ABRIDGED MINUTES 10-03-19 767.11 NORWALK READY-MIXED CONCR CONCRETE STREETS OLD ORCHARD 6,600.75 PFM FINANCIAL ADVISORS LL CONTINUING DISCLOSURE 2,000.00 PLAYPOWER LT PLAY EQUIPMENT 2,331.45 ROY'S TOWING AND RECOVERY TOWING 125.00 SHELLEY STRAVERS SUPPLIES FORRETIREMENT PARTY T 38.50 SHRED IT PS SHREDDING 71.53 SIMMERING-CORY INC SNYDER & ASSOCIATES INC ZONING CODE CONVERSION 1,000.00 SUNSET DR & NORTH AVE INT IMPR 6,168.08 SPRINGER PEST SOLUTIONS PS PEST CONTROL 68.00 STANARD & ASSOCIATES INC POLICE APPLICANT TESTING 162.50 TEAM SERVICES INC. CONSTR TESTING - PARKHILL 180.25 THE EMBLEM AUTHORITY PATCHES 200.00 THOMSON REUTERS WEST CLEAR ACCESS 236.45 ULINE CLEANING SUPPLIES 303.62 UTILITY DEPOSIT REFUNDS 2019 UTILITY DEPOSIT REFUND 603 CHERRY 9.70 VEENSTRA KIMMINC. KNOLL DR DRAINAGE SURVEY ENG SERV 23,093.90 VERIZON WIRELESS MONTHLY CELL CHARGES 2,114.56 WARREN CO SHERIFF DARE PROCEEDS WCSO SHARE 3,229.61 TOTAL 585,318.54 Public Hearing on a Zoning Amendment to the Echo Valley Community Planned Unit Development to Rezone Parcel D from R-4 Multi-Family Residential to R-‘1 (80) Single-Family Residential Mayor Phillips opened the public hearing at 6:09 p.m. Dean Roghair with Civil Design Advantage, 3405 SE Crossroads, Grimes, lowa, presented the amendment to the PUD and asked for the Ordinance to be tabled. Lindsey Offenburger reported receiving no comments. Mayor Phillips closed the public hearing at 6:14 p.m. Consideration of the first reading of an Ordinance on a Zoning Amendment to the Echo Valley Community Planned Unit Development to Rezone Parcel D from R-4 Multi-Family Residential to R-1(80) Single- Family Residential Motion by Livingston, seconded by Lestser to table the first reading of an Ordinance on a Zoning Amendment to the Echo Valley Community Planned Unit Development to Rezone Parcel D from R-4 Multi-Family Residential to R- 1(80) Single-Family Residential, carried unanimously, RC. Public Hearing on Proposed Amendment to the Norwaik Urban Renewal Area (hotel on Marketplace and sports facility in Hughes Century Crossing) Mayor Phillips opened the public hearing at 6:15 p.m. Lindsey Offenburger reported receiving no comments. Mayor Phillips closed the public hearing at 6:16 pm. 1 Consideration of a Resolution to Approve Urban Renewal Plan Amendment for the Norwaik Urban Renewal Area (hotel on Marketplace and sports facility in Hughes Century Crossing) Motion by Livingston, seconded by Baker to approve Resolution 19201 to Approve the Urban Renewal Plan Amendment forthe Norwaik Urban Renewal Area (hotel on Marketplace and sports facility in Hughes Century Crossing), carried unanimously, RC. Consideration of the third reading of an Ordinance Amending the Master Plan and Rules, Regulations, and Guidelines for the Dobson Planned Unit Development as Contained inVOrdinance No.18—13 JD. Albright - 1027 Norwood Ct., Norwaik, lowa requested the item be tabled. Motion by Livingston, seconded by Kuhl to table the third reading of an Ordinance Amending the Master Plan and Rules, Regulations, and Guidelines for the Dobson Planned Unit Development as Contained in Ordinance No.18- 13, carried unanimously, RC. Remove from table the Consideration of the second reading of an Ordinance for the Rezoning of Property east of Elizabeth Holland Park and Colonial Parkway south of Beardsley Street to the Holland Pointe Planned Unit Development Motion by Livingston, seconded by Lester to Remove from table the Consideration of the second reading of an Ordinance for the Rezoning of Property east of Elizabeth Holland Park and Colonial Parkway south of Beardsley Street to the Holland Pointe Planned Unit Development, carried unanimously. RC. Consideration of the second and possibly third reading of an Ordinance for the Rezoning of Property east of Elizabeth Holland Park and Colonial Parkway south of Beardsley Street to the Holland Pointe Planned Unit Development Steve Mosley and Joe Petrazinski - Hubbeii Realty 6900 Westown Pkwy, West Des Moines, Iowa and Joel Templeton, Liliis O‘Malley Law Firm (representing Loffredo) 317 6th Ave. Suite 300, Des Moines, Iowa presented their plans of an added acknowledgement to the PUD. Motion by Livingston, seconded by Kuhl to pass the second reading reading of an Ordinance for the Rezoning of Property east of Elizabeth Holland Park and Colonial Parkway south of Beardsley Street to the Holland Pointe Planned Unit Development, with the acknowledgement and legal description describing Hubbell's proposed area, carried unanimously, RC. Motion by Livingston, seconded by ‘Kuhi to waive the third reading of Ordinance V 19118 for the Rezoning of Property east of Elizabeth Holland Park and Colonial Parkway south of Beardsley Street to the Holland Pointe Planned Unit Development, with the acknowledgement and legal description describing Hijbbell's proposed area, motion carried on a roll call vote. Ayes: Lester, Baker, Kim and Livingston. Nays: Riva. Coosideration of a Resolution Accepting Infrastructure, Parkland Agreement and Approving the Final Plat of Sunset Estates Plat 1 Jake Becker, McClure Engineering, 1360 NW 121st St., Clive, IA spoke in regards to a traffic study that was done that indicated a turn lane on North Ave. is not needed. Recess at 7:43 p.m. Back in session at 7:50 p.m. Motion by Riva, seconded by Kuhl to approve Resolution 19202 as amended by adding the following to the resolution: The City Council has approved this Resolution based upon the understanding that no further final plats within the PUD shall be approved without a traffic study being conducted to the satisfaction of the City. Future traffic improvements upon North Avenue may be, at the discretion of the City, required to be constructed prior to future plats within the PUD being approved. Parkland dedication will be granted during the 2nd plat instead of the 4th plat. Motion carried unanimously on a roll call vote. Consideration of a Resolution Accepting the Hughes Century Crossing Plat 1 Public Infrastructure and Releasing Performance Surety Motion by Kuhl, seconded by Livingston to approve Resolution 19203 Accepting the Hughes Century Crossing Plat 1 Public Infrastructure and Releasing Performance Surety, carried unanimously, RC. Consideration of a Resolution Approving the Preliminary Plat and Site Plan for Hughes Farm Townhomes Motion by Riva, seconded by Lester to approve Resolution 19204 Approving the Preliminary Plat and Site Plan for Hughes Farm Townhomes, canted unanimously, RC. Consideration of a Resolution Approving the Preliminary Plat for Blooming Heights Plat 2 Chris Thompson Crawford Associates 475 South 50m Street, Suite 800, West Des Moines, Iowa spoke in regards to the Parkland area. Motion by Kuhl, seconded by Livingston to approve Resolution 19205 Approving the Preliminary Plat for Blooming Heights Plat 2 Discussion and Possible Action Regarding Cost Responsibilities to Developers for Adjacent Roads Motion by Kuhl, seconded by Baker directing staff to bring an ordinance change back for consideration including wording that developers will pay for traffic studies (when necessary) that the City contracts out and shall also include analysis of cost and cost sharing, motion carried on a voice vote. Consideration of a Resolution Approving Engineering Services for North Aven HMA Rehabilitation Motion by Livingston, seconded by Kuhl to Approve Resolution 19206 Approving Engineering Services for North Aven HMA Rehabilitation, carried unanimously, RC. Discussion and Possible Action Regarding Hwy 28 Pedestrian Crossing at Colonial Parkway Motion by Livingston, seconded by Kuhl directing staff to move forward with an engineering contract and get cost estimates on both options, motion carried on a roll call vote. Ayes: Riva, Kuhl, and Livingston. Nays: Baker, Abstain: Lester. Consideration of the third reading of an Ordinance Amending Chapter 55 of the Norwaik City Code by Adding a new Section 55.18 Thereto Limiting the Number of Dogs and Cats Allowed in a Residence. Motion by Kuhl, seconded by Baker to pass the third reading of Ordinance 19-19 Amending Chapter 55 of the Non/valk City Code by Adding a new Section 55.18Therelo Limiting the Number of Dogs and Cats Allowed in a Residence, motion carried on a roll call vote. Ayes: Baker, Riva and Kuhl. Nays: Livingston and Lester. Council Inquiries Staff Updates Motion by Lester, seconded by Baker to adjourn at 9:20 p.m., carried unanimously, voice vote. Tom Phillips, Mayor Lindsey Oftenburger, City Clerk OFFICIAL PUBLICATION City of Norwalk ORDINANCE NO. 19-18 AN ORDINANCE TO REZONE CERTAIN PROPERTY FROM A-R, C-O, PC, IC AND PLANNED UNIT DEVELOPMENT (PUD) TO PUD AND TO ADOPT THE MASTER PLAN AND ESTABLISH THE RULES, REGULATIONS, AND GUIDELINES FOR THE DEVELOPMENT OF THE HOLLAND POINTE PUD Passed by City Council on November 7, 2019. Additional information and a full copy of the ordinance is available for inspection at City Hall, 705 North Avenue, Norwaik, IA 50211;515/981-0228 or online at http://www.norwalk,iowa/gov/government/public documents/codes fees and polices OFFICIAL PUBLICATION City of Norwalk ORDINANCE No.19-19 AN ORDINANCE AMENDING CHAPTER 55 OF THE NORWALK CITY CODE BY ADDING A NEW SECTION 55.18 THERETO LIMITING THE NUMBER OF DOGS AND CATS ALLOWED IN A RESIDENCE. Passed by City Council on November 7,2019. Additional information and a full copy of the ordinance is available for inspection at City Hall, 705 North Avenue, Norwaik, IA 5021 1 ; 515/981 -0228 or online at http://www.norwa|k.iowa/gov/ggvernment/public documents/codes fees and ponces OFFICIAL PUBLICATION NOTICE OF MEETING FOR APPROVAL OF DEVELOPMENT AGREEMENT WITH HART FAMILY HOTELS-NORWALK LLC AND AUTHORIZATION OF ANNUAL APPROPRIATION TAX INCREMENT PAYMENTS The City Council of the City of Non~alk, Iowa, will meet at the City Hall, on November 21 , 201 9 at 6:00 o‘clock p.m., at which time and place proceedings will be instituted and action taken to approve a Development Agreement between the City and Hart Family Hotels-Norwaik LLC (the “Developer”), in connection with the development and construction of a new hotel-situated on. ~- certain real property in the Market Place at Echo Valley in the Norwaik Urban Renewal Area (the “Urban Renewal Area"), which Agreement provides for certain financial incentives in the form of either (i) incremental property tax payments (the “Payments”) to the Developer in a total amount not exceeding $190,000 as authorized by Section 403.9 of the Code of Iowa or (ii) an economic development forgivable loan to the Developer in an amount not exceeding $380,000. The agreement to make the Payments to the Developer will not be a general obligation of the City, but will be payable solely and only from incremental property tax revenues generated within the Norwaik Urban Renewal Area. Some or all of the payments under the Development Agreement may be made subject to annual appropriation by the City Council. At the meeting, the City Council will receive oral or written objections from any resident or property owner of the City. Thereafter, the Council may, at the meeting or at an adjournment thereof, take additional action to approve the Development Agreement or may abandon the proposal. This notice is given by order of the City Council of Norwaik, Iowa, in accordance with Section 403.9 of the Code of lowa. Lindsey Offenburger City Clerk OFFICIAL PUBLICATION THE IOWA DISTRICT COURT FOR WARREN COUNTY IN THE MATTER OF No. ESPR021413 THE ESTATE OF NOTICE OF PROBATE 0F WILL, LAUREL RICHARD BROWN OF APPOINTMENT OF EXECUTOR(S) Deceased. AND NOTICE TO CREDITORS ‘ ' To All Persons Interested in the Estate of Laurel Richard Brown, Deceased, who died on or about the 5th day of September, 2019: You are hereby notified that on the 15th day of October, 2019, the Last Will and Testament of Laurel Richard Brown, deceased, bearing date of the 5th day of November, 2013, was admitted to probate in the above named court and that David R. Brown was appointed Executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing ofethis notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainabie, or thereafter be forever barred. Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the date of second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred. Dated this 28th day of October, 2019 /s/ David R. Brown David R. Brown, Executor 307 Madison Place lndianola, Iowa 50125 Mason J. Ouderkirk, Attorney Ouderkirk Law Firm 108 W. Ashland Ave., PO Box 156 lndianola, Iowa 50125-0156 Telephone: 515-961 -5315 Facsimile: 515-961-0304 Email: mason olfirm,cgm