HomeMy WebLinkAbout2002-08-19-Regular MinutesWAUKEE CITY COUNCIL MINUTES
AUGUST 19,2002
(1)Call to Order -The regular meeting of the Waukee City Council was called to order
by Mayor Pro Tern Bill Peard at 7:00 PM.
(2)Pledge of Allegiance
(3)Roll Call-The following members were present:Council members Nicholas Gruber,
Donald Bailey,Jr.,Mike Watts,Bill Peard and Wayne Johnson.Mayor Mark Leslie
Absent
(4)Open Forum -(I)Don Bailey,Jr.wished to address the council on three
items:(a)flag pole outside City Hall-replacement of it;(b)G.H.Davis Park-
the plaque has been moved and broken -John Gibson will review.Ron Olson
addressed the council on the issue of the G.H.Davis Park plaque indicating that
the plaque was in good condition prior to its being moved the first time;(c)asking
for a report on the ambulance service as to revenue and expenses.(2)Dan White,
police officer for the City of Waukee,announced to the council and all present
that the Waukee Police Department,Waukee Fire Department and Post 11517
Veterans of Foreign Wars will honor the memory ofthe victims of the September
11,2001 attacks by having a ceremony at noon on September 11,2002 at the
Triangle.In addition a special service will be held at the Lutheran Church at 6:45
in the evening.All are invited to attend either or both.(3)Jim Phillips addressed
the issue ofthe purchase of $400 ribbon cutting scissors.Councilman Nick
Gruber responded.
(5)Agenda Additions /Approval-Wayne Johnson moved to approve the agenda with
item #8 being postponed until the next meeting.Mike Watts second.Roll call:Ayes:
Johnson,Watts,Bailey,Gruber,Peard.Nays:None.Motion carried 5-0.
(6)Consent Agenda-
A.Approving August IS,2002 Payroll and August 15,2002 Bill List
B.Approving August 5 &12,2002 City Council Minutes
C.Approving Pay Estimate #5 for Kirkham Michael (IA DOT RISE
Project)in the amount of$9,131.09
Nick Gruber moved to approve the Consent Agenda with the changes in the minutes.
Don Bailey,Jr.second.Roll call:Ayes:Gruber,Bailey,Watts,Johnson,Peard.Nays:
None.Motion carried 5 -O.
Bill List -August 15,2002
PAID PRIOR AUGUST 15,2002:
DAGGETT,WILLIAM J
JOEY MARCHANT
C &J LEASING
COMMERCIAL FEDERAL BANK
HIGHSMITH COMPANY
OFFICE DEPOT CREDIT PLAN
SAM'S CLUB
WALNUT TOWNSHIP
APWA IOWA CHAPTER
JEWISH FEDERATION OF DES MOINES
IOWA LEAGUE OF CITIES
IOWA LEAGUE OF CITIES
15.00
20.61
310.28
155.35
148.84
72.91
109.77
1,000.00
125.00
500.00
140.00
140.00
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JUSTIN DODGE
GRAND TOTAL
UNPAIDS PRESENTED FOR APPROVAL:
AMC SALES INC
ARAMARK UNIFORM SERVICES
BAKER COMMUNICATIONS
BARCO MUNICIPAL PRODUCTS
BATES &ASSOCIATES INC
BIG BEAR EQUIPMENT INC
BOB LENC LANDSCAPING INC
LINDA BURKHART
BUSINESS COMMUNICATIONS
BUTTERFIELD MANAGEMENT
CAPITAL SANITARY SUPPLY
AMBER CARAVAN
CARPENTER UNIFORM CO
CENTRAL IOWA REGIONAL LIB
CLASSIC FLORAL &GIFTS
COMPUSA INC
COPY SYSTEMS INC
CRYSTAL CLEAR BOTTLED WAT
DAN RAITT INC
DEMCO
DES MOINES STEEL CO INC
DES MOINES WATER WORKS
DES MOINES WATER WORKS
ED M FELD EQUIPMENT CO
EVIDENCE COLLECTION AND P
FASTPRO INTERNATIONAL INC
FAXON COMPANY,THE
FIREGUARD
FREIGHTLINER OF DM INC
GALE GROUP,THE
HEARTLAND CO-OP
HICKORY TECH
HY-VEE FOOD &DRUG CENTER
HYDRO KLEAN
IMAGING TECHNOLOGIES
INGRAM LIBRARY SERVICES
INTERSTATE ALL BATTERY CE
INTERSTATE BATTERY SYSTEM
IOWA ASSOCIATION OF MUNIC
IOWA COUNTY ATTORNEYS ASS
IOWA ONE CALL
IOWA SIGNAL &ELECTRIC CO
IOWA STATE UNIVERSITY
IOWA WINDSHIELD REPAIR
J &M LOCK &KEY SERVICE
JEWISH FEDERATION OF
JIMS JOHNS
KAPCO ADHESIVE PRODUCTS C
KINKO'S INC
KOCH BROTHERS
LAIDLAW TRANSIT INC
LASER QUIPT
LITHO GRAPHICS PRINT COMM
LOGAN CONTRACTORS SUPPLY
227.82
2,965.58 .I
36.80
143.97
90.00
135.67
143.29
200.06
130.00
7.30
502.70
437.50
73.76
320.26
447.92
21.90
73.75
826.54
270.00
92.78
220.61
113.40
73.00
56.89
34,767.94
544.00
30.78
108.11
1,539.67
130.83
140.32
27.42
2,121.23
775.92
469.45
801.00
99.00
1,186.43
27.41
65.95
314.00
50.00
532.60
150.00
60.00
45.00
25.00
75.00
100.00
29.78
60.00
780.00
293.14
140.99
407.00
356.59
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LYNDA HOMMER 30.00
MATT PARROTT &SONS CO 346.27
MENARDS 45.92
MERCY SCHOOL OF EMERGENCY 5.00
MID AMERI~ENERGY 412.98
MID AMERICAN ENERGY 14.17
MID AMERICAN ENERGY 9.12
MID AMERICAN ENERGY 30.88
MID IOWA SALES COMPANY 232.21
MID STATES FORD INC 46.46
MOMAR 1,259.03
MOSS BROTHERS INC 107.19
MUNICIPAL SUPPLY 4,117.29
DEVON MURPHY-PETERSEN 72.67
NETWORKS INC 1,530.00
NEW HORIZONS COMPUTER LEA 2,250.00
NEWMAN TRAFFIC SIGNS 1,037.40
NORTHERN 76.96
OLSON BROTHERS 545.03
OMB POLICE SUPPLY 27.90
PHYSICIANS DESK REFERENCE 69.95
PMX MEDICAL 33.28
POSTIVE PROMOTIONS 6.00
PRAIRIE I-NET 149.85
PUBLIC AFFAIRS 7.50
PUCKETT TOOLS &FASTENERS 17.50
PURCHASE POWER 1,519.00
QUALITY FORD OF WDM 243.26
R-WAY CONCRETE 2,133.00
ROSEN PUBLISHING 72.80
ROTARY 125.00
BECKY SCHUETT 12.05
SHERWIN WILLIAMS CO 439.80
SPRING VALLEY WIRELESS 135.50
STATE LIBRARY OF IOWA 157.52
SUNCOM 1,243.16
TEAM TWO INC 525.79
TESTNET 18.00
CHERYL TONNELLI 160.00
TRI STATE SIGNING INC 525.00
TRIPLETT OFFICE ESSENTIAL 806.97
KATHLEEN UNDERWOOD 34.78
US ENERGY SERVICES INC 31,064.03
US FILTER/WATERPRO 10,269.16
US POSTAL SERVICE 37.00
UTILITY CONSULTANTS INC 927.00
VAN-WALL EQUIPMENT INC 88.88
VEENSTRA &KIMM INC 23,249.98
WASTE MANAGEMENT OF IOWA 21,094.73
WAUKEE HARDWARE &VARIETY 873.57
WAUKEE STATE -LIBR P CAS 186.18
CHAD WEAVER 39.60
WILLIAMS TURF FARMS 52.50
WINGFOOT COMMERCIAL TIRE 120.68
GRAND TOTAL,159,308.16
(7)Mayor's Report:None this evening.
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(8)Proclamation:Recognizing the accomplishments of Mark Schmitt as Waukee Fire
Chief This item postponed until September 9,2002.
(9)Receive/File:Presentation by Sandi Jacques of the Greater DM Partnership
Present to thank the Council for its participation in the Greater DM Partnership 2002 Trip
to Washington,D.C.She encouraged the Council to contact our representatives in
Washington regularly to ensure that the interchange funding stays as a priority for central
Iowa.Council did not take action on this item.
(10)Resolution:Approving Preliminary Resolution of Necessity per Section 384.42 for
the LA Grant Parkway Widening Improvements Project Mike Watts moved to approve.
Don Bailey,Jr.second.Rick Ross,830 Highway 6,addressing the Council with respect
to the necessity and the urgency in doing this project.Mark Arentsen,Nick Gruber,Mike
Watts responded.Don Bailey indicated he would not be voting for this resolution
because he did not think there was enough traffic to show the need for more lanes.He
would rather take the20%deficiency and try to get the road paved down to Ashworth.
Nick Gruber responded that we need to look into the future and not WOITY about the
traffic count at this time.Wayne Johnson raised the issue of sidewalk construction which
is part ofthis project.Mr.Johnson thinks the sidewalks should go in at the site plan stage
and not at the assessment time.Mike Watts addressed the issue as well and suggested
that the sidewalk north of the Sugar Creek Apartments be constructed at this time.
Sidewalks south of the apartments could be completed at the time site plans are approved.
Catherine Bamhill of Barnhill &Associates had questions for the city administrator and
the counciL Mark Arentsen,Jody Gunderson and Nick Gruber responded for the city.
Mik Briedis discussed the Waukee city standards for roads/streets,timing ofthe
construction,and the basis for the standards of the city.Mayor Pro Tem Peard interjected
a cautionary statement and suggested that any questions Ms.Bamhill might still have
could be answered by staff at a later time.Mayor Pro Tem Peard asked Mike Watts ifhe
would like to amend his motion with regard to sidewalks.Mike Watts answered
affirmatively and amended his motion by adding that sidewalks are to be deleted south of
the Sugar Creek Apartments.Don Bailey,Jr.seconded the amendment.Roll call:Ayes:
Watts,Gruber,Peard.Nays:Bailey,Johnson.Motion carried 3 -2.
(11)Resolution:Approving and adopting preliminary plans and specifications,
estimate of cost and plat and schedule for LA Grant Parkway Widening Improvements
Project Mike Watts moved to approve.Nick Gruber second.Roll call:Ayes:Watts,
Gruber,Johnson,Peard.Nays:Bailey.Motion carried 4 -1.
(12)Resolution:Approving 09-09-02 as the date for a public hearing on the Resolution
of Necessity for LA Grant Parkway Widening Improvements Project Mike Watts
moved to approve this resolution.Nick Gruber second.Roll call:Ayes:Watts,Gruber,
Jolmson,Peard.Nays:Bailey.Motion carried 4 -1.
(13)Resolution:Approving the acceptance of acknowledgement/settlement agreement
between Casey's General Store #2179 and the Iowa Attorney General's Office Mike
Watts moved to approve the resolution.Don Bailey,Jr.second the motion.Brief
discussion.Roll call:Ayes:Watts,Bailey,Johnson,Gruber,Peard.Nays:None.Motion
carried 5 -O.
(14)Resolution:Approving Final Plat for Ville D'Avray Mr.J.L.Tucker,developer of
the Ville D'Avray,was present to discuss the project.Don Bailey moved to approve the
resolution,if the two items mentioned in the resolution had been addressed.Wayne
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Johnson second.John Gibson indicated the previous two uncompleted requirements have
been completed and have been paid.Mr.Gibson suggested changing two items in the
covenants of the homeowners association.These included:(l)changing the wording of
the first sentence of the section on Utilities so that it reads:"All utility connection
facilities and services shall be installed underground."(2)changing the effective date in
the first sentence of the section on Modification of Restrictions so that it reads:"The
covenants,restrictions and provisions of this instrument shall be deemed covenants
running with the land and shall remain in full force and effect until August I,2032
A.D.,...applicable."In addition Mr.Tucker has agreed to provide the city correct
documentation for capping of the wells on that property.Mr.Bailey amended his motion
to include documentation for capping of the wells and the other language changes as
proposed by John Gibson and includes maintenance of trees and landscaping by the
Homeowners Association until 2032.Wayne Johnson second the amended motion.Roll
call:Bailey,Johnson,Gruber,Watts,Peard.Nays:None.Motion carried 5 -O.
(15)Resolution:Approving Final Plat for Enterprise Business Park Plat 4 Don
Bailey,Jr.moved to approve this resolution.Mike Watts second.Steve Downing,
Downing Development,75 NE Venture Drive,wished to address the payment of
parkland dedication fees.Mr.Dowuiug indicated "that he would like to clearly state to
the council that we feel the parkland dedication fees required for this plat constitute an
illegal tax and pay these fees only under protest because we feel the city doesn't have the
right to collect this tax."Don Bailey,Jr.indicated that Mr.Downing's comments should
be respectfully entered into the record;however,he was not prepared to debate the
parkland dedication fee because we don't know where we stand on this.Mr.Johnson
indicated that he didn't intend to debate it either;however,he wished to state for the
record that he believed that developments have an impact on the community and part of
that impact is to provide recreational space for the children and families.We can
respectfully disagree on that and the courts have been working on it.Mr.Gruber called
for the question.Roll call:Ayes:Bailey,Watts,Johnson,Gruber,Peard.Nays:None.
Motion carried 5 -O.
(16)Resolution:Approving Final Plat for Parkview Crossing Plat 3 Don Bailey,Jr.
moved to approve.Nick Gruber second.Rick Ross indicated that John Gibson would
like to add a requirement to the approval ofthe plat.John Gibson said that the resolution
should be approved contingent on Paul Huscher's review of the easements.Don Bailey,
Jr.amended his motion so that approval was dependent on Paul Huscher's review ofthe
easements.Nick Gruber second the amendment.Roll call:Ayes:Bailey,Gruber,
Johnson,Watts,Peard.Nays:None.Motion carried 5 -O.
(17)Public Hearing:On an ordinance to amend Section 304.5(M)Subsection 2,
Waukee Municipal Code,Site Plan Requirements of the City of Waukee,Iowa,by
deleting said subparagraph thereof,and inserting multiple-family dwellings in all
districts in lieu thereof Mayor Pro Tern Bill Peard opened the public healing.We
received no written comments.There was no one present who wished to address the
topic.Mayor Pro Tern Bill Peard closed the public hearing.
(18)Ordinance:Approving an ordinance to amend Section 304.5(M)Subsection 2,
Waukee Municipal Code,Site Plan Requirements of the City of Waukee,Iowa,by
deleting said subparagraph thereof,and inserting multiple-family dwellings in all
districts in lieu thereof (first reading)Nick Gruber introduced the ordinance.Mike
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Watts moved to have the first reading in title only.Don Bailey second.Don Bailey
indicated he was not supporting this ordinance because he didn't think the material of
neighboring communities supporting the ordinance was accurate.Bill Peard indicated
that he felt we are being somewhat short sighted if this ordinance is defeated.Wayne
Johnson indicated that we are somewhat short sighted in that we are focusing on building
materials instead of aesthetics that can be supplied to building sites outside of materials
such as berming,gradations on the land,ponds,trees,bushes,trails.Mike Watts
supported Wayne Johnson's position and indicated that other communities do not have
the requirements we are saying they do.Roll call:Ayes:Gruber,Peard.Nays:Watts,
Bailey,Johnson.Motion was defeated 3 -2.
(19)Ordinance:Approving all ordinance to amend Chapter 304.3,Waukee Municipal
Code,Site Plan Requirements of the City of Waukee,Iowa,by adding purpose,
applicability and procedure for arterial corridor overlay districts thereto (first reading)
Wayne Johnson moved to approve the first reading in title only.Nick Gruber second.
Letter from Regency Homes as a response to this ordinance received this evening.Letter
from Campney &Associates hand delivered on Friday,August 16.Rick Ross,830
Highway 6,present to discuss the discrepancies between the ordinance and the intent of
the council members.Attorney Dan Manning with Connolly,O'Malley,Lillis,Hansen &
Olson Law Firm also present to share his concerns and the concerns of his client with
regard to the ordinance.Chad Weaver,City Planner,discussed staff s recommendation.
General consensus of the council was that the ordinance needed to be reviewed,changed
in certain areas,affirmed in other areas.The review could occur at the "committee"stage
and then brought back to council for action.It is the intent of the council that the
development community be part of the discussions with regard to changing the
ordinance.Mayor Leslie,Councihnan Johnson and Councilman Peard will be part of that
process.Roll call on the motion to have the first reading in title only:Ayes:Johnson.
Nays:Gruber,Bailey,Watts,Peard.Motion defeated I -4.Don Bailey moved to send
this concept to a committee with Councilmen Johnson representing the Development
Committee and the Mayor to meet with the developers,invite them to the table to discuss
this.Mike Watts second.Roll call:Ayes:Bailey,Watts,Johnson,Gruber,Peard.Nays:
None.Motion carried 5 -O.Mayor Pro Tern Peard volunteered to serve on that
committee as well.
REPORTS:Reports were presented by Linda Burkhart,John Gibson,Chad Weaver,
Bill Peard,Don Bailey,Nick Gruber.
Mayor Pro Tern Peard acknowledged Joe Kelley,candidate for State House
Representative District 47.Mr.Kelly was present to learn more about the activities in
Wankee and to discuss his campaign,the issues and answer questions.
Mayor Pro Tern Peard asked for a motion to adjourn.Nick Gruber moved.
Jr.second.Ayes:AlL Nays:None.Motion carri -0.
Meeting Adjourned at 8:35PM.A'r1 ;
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