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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 1 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 I 2 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. 3 (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 ] 1 4 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 I I j 5 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 ; 6