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Home My WebLink About2002-10-21-Regular MinutesWAUKEE CITY COUNCIL MINUTES OCTOBER 21,2002 (1)Call to Order -The regular meeting ofthe Waukee City Council was called to order by Mayor Leslie at 7 :00 PM. (2)Pledge of Allegiance (3)Roll Call-The following members were present:Mayor Mark D.Leslie,and Council members Nicholas Gruber,Donald Bailey,Jr.,Mike Watts,Bill Peard and Wayne Johnson. (4)Open Forum -Don Bailey requested an update as to the status of the meeting regarding the Fitzgerald property annexation.City Administrator Mark Arentsen stated that the meeting had occurred earlier that day. (5)Agenda Additions I Approval-No changes.Nick Gruber moved;Wayne Johnson second to approve the agenda as written.Ayes:All.Nays:None.Motion carried 5-0. (6)Consent Agenda- A.Approving 10-15-02 Payroll and 10-16-02 Bill List B.Approving 09-26-02,10-02-02 AND 10-07-02 City Council Minutes Approving Pay application No.7 Rochon Corporation in the amount of $189,718.22 Wayne Johnson moved,Mike Watts second to approve all items.Brief discussion. Ayes:Johnson,Watts,Bailey,Gruber,Peard Nays:None.Motion carried 5-0. Bill List 10-17-02 CHECKS ISSUED PRIOR TO COUNCIL APPROVAL, C &J LEASING CITY OF WAUKEE CITY OF WAUKEE COLLECTION SERVICES CENTER COMMUNICATIONS WORKERS OF EFTPS IOWA SECRETARY OF STATE IOWA SECRETARY OF STATE IOWA WORKFORCE DEVELOPMENT MID AMERICAN ENERGY STATE PUBLIC POLICY GROUP UNITED WAY CENTRAL IOWA GRAND TOTAL, BILLS PRESENTED FOR COUNCIL APPROVAL AMERICAN LIBRARY ASSOC ANNEAR EQUIPMENT INC ARAMARK UNIFORM SERVICES ARDICK EQUIPMENT CO INC ARNOLD MOTOR SUPPLY AT&T WIRELESS BAKER COMMUNICATIONS BIG BEAR EQUIPMENT INC BROWN SUPPLY CO INC BUSINESS COMMUNICATIONS CAPITAL SANITARY SUPPLY AMBER CARAVAN C. 1 310.28 1,400.00 346.91 61.25 274.80 18,359.20 25.00 100.00 155.84 369.98 30.00 35.00 21,468.26 28.50 538.50 146.30 34.25 283.74 1,231.94 90.00 72.59 45.00 1,175.00 43.00 310.00 J 1 CARPENTER UNIFORM CO CENTRAL IOWA REGIONAL CERTIFIED POWER INC CO CIGMA LLC CLAREY'S SAFETY EQUIP INC COMPUSA INC CONNEY SAFETY PRODUCTS COUNTRY CLINIC CUSTOM AWARDS DALLAS COUNTY NEWS DENMAN &COMPANY LLP DES MOINES REGISTER DES MOINES WATER WORKS DICKINSON MACKAMAN TYLER DISASTER MANAGEMENT SYSTEM ED M FELD EQUIPMENT CO ELECTRICAL ENGINEERING EQUIP ELECTRONIC ENGINEERING CO EMPLOYEE DATA FORMS INC FASTPRO INTERNATIONAL INC FEDERAL SIGNAL EMERGENCY PRODUCTS FESLERS INC FIREGUARD FIRETRIX GALE GROUP,THE GALL'S INC GENE'S TRUCK AND VAN GREAT NORTH AMERICAN CO GROEBNER &ASSOCIATES INC HB LEISEROWITZ COMPANY HEARTLAND CO-OP HICKORY TECH CAROL lICINDyn HOL HOTSY CLEANING SYSTEMS HY-VEE FOOD &DRUG CENTER IMAGING TECHNOLOGIES INGRAM LIBRARY SERVICES INTERNATIONAL INSTITUTE INTERSTATE ALL BATTERY CENTER INTERSTATE BATTERY SYSTEM IOWA ASSOCIATION OF BUILDING OFFICIALS IOWA ASSOCIATION OF PROFESS FIRE CHIEFS IOWA DEPT OF TRANSPORTATION IOWA ONE CALL IOWA SIGNAL &ELECTRIC CO J &M LOCK &KEY SERVICE SEAN KALUB KAR PRODUCTS LASER QUIPT LEE WAYNE CORPORATION LITHO GRAPHICS PRINT LOGAN CONTRACTORS SUPPLY LINDA MACK MAINSTAY SYSTEMS INC MARTIN MARIETTA AGGREGATE MATT PARROTT &SONS CO MENARDS 2 11407.67 4.00 308.46 438.90 471.45 22.87 150.94 742.00 107.00 1,005.94 3,000.00 908.00 20.00 1,579.50 85.25 617.50 458.49 32.00 29.00 190.20 59.00 765.97 390.00 233.23 7.67 193.79 265.10 568.26 571.65 75.82 5,643.54 254.62 71.00 152.40 61.11 99.00 1,082.14 85.00 14.37 51.95 110.00 50.00 1,825.40 181.20 300.00 10.00 100.00 61.84 165.00 741.10 507.00 124.90 78.91 448.00 1,717.72 240.25 218.97 MERCY COLLEGE LIBRARY 25.00 MID AMERICAN ENERGY 6,212.81 MIGHTY TIDY CLEANING 325.00 MUNICIPAL SUPPLY 295.00 DEVON MURPHY -PETERSEN 8 .03 NAPA AUTO PARTS STORE 234.95 NETWORKS INC 930.00 NOGG CHEMICAL &PAPER 120.72 OFFICE DEPOT 1,313 .79 OLSON BROTHERS 313.69 PITNEY BOWES 56.14 PRAXAIR DISTRIBUTION 33.08 QUALITY FORD OF WDM 624.87 SPRAYER SPECIALTIES INC 32.89 STOP TECH LTD 379.50 STOREY-KENWORTHY COMPANY 106.89 SUNBELT RENTALS INC 2,550.00 TEAM TWO INC 154.83 TESTNET 36.00 CHERYL TONNELLI 160.00 LISA TORGERSON 35.04 TRIPLETT OFFICE ESSENTIAL 469.80 UNIVERSITY OF IOWA HYGIENIC LAB 198.00 US ENERGY SERVICES INC 49,212.92 US FILTERjWATERPRO 1,348.61 US POSTAL SERVICE 37.00 UTILITY CONSULTANTS INC 807.00 VERIZON WIRELESS 36.57 VERMEER SALES &SERVICES 56.63 VIDEO SERVICE OF AMERICA 83.00 WALSH DOOR &HARDWARE 302.85 WASTE MANAGEMENT OF IOWA 21,068.65 WAUKEE HARDWARE &VARIETY 600.96 WAUKEE ROTARY CLUB 125.00 WAUKEE STATE -LIBRARY PETTY CASH 178.48 CHAD WEAVER 45.08 WEBSTER ELECTRIC 203.20 WINGFOOT COMMERCIAL TIRE 314.12 TOTALS 122,140.00 (7)Mayor's Report:Mayor Leslie thanked all those who participated in the Wauktoberfest.He indicated the next new business ribbon cutting would be at Farrells, Clip Art and Design Alliance.More information about ribbon cutting can be found on the web page.The mayor appreciated the support and cooperation of the surrounding communities who changed the date of their Halloween celebration.The mayor announced that the City will submit five surface transportation applications to the MPO. The MPO director,Tom Kane,will be present at one of the council meetings in November to discuss the MPO and Waukee's role in it. (8)Resolution:Approving Final Pay Application for McAninch Corporation in the amount of $8,344.46 Mike Watts moved to approve.Nick Gruber second.Roll call: Ayes:Watts,Gruber,Johnson,Bailey,Peard,Nays:None.Motion carried 5 -O. (9)Resolution:Approving Change Order #5 as submitted by FEH Associates,Inc. Mike Watts moved to approve.Don Bailey second.Brief discussion.Roll call:Ayes: Watts,Bailey,Peard,Jolmson,Gruber.Nays:None.Motion carried 5 -O. ,I 1 3 (10)Public Heariug:On an ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from A-I (Agricultural District)to the following zones:to C-l (Community and Highway Service Commercial District)and to C-IA (Neighborhood Commercial District);and then by rezoning and changing certain property therein from C-l (Community and Highway Service Commercial District)and from C« lA(Neighborhood Commercial District)to the following zone:PD (Planned Development Overlay District);and amend the Official Zoning Map to show re-zoning Mayor Leslie opened the public hearing.The City received no written connnents prior to the meeting.Mr.William Lillis,attorney for the Hawbaker family,and Mr.Richard Gardner ofRDG Crose Gardner Shukert,Inc.were present to support the change in the zoning for Olive Glen.Mr.Lillis stressed that Exhibit A (property legal description and boundaries and topography map),Exhibit B (Preliminary Land Use Plan),Exhibit C (specifics of the Planned Development District)and Exhibit D (Utility Plan)are to be incorporated as part of this zoning change petition.Mr.Bailey raised the issue of packet content and stressed the need to have all inserts in the packet prior to the meeting.No other person present wished to address the issue.Mayor Leslie closed the public hearing. (11)Ordinance:On an ordinance to amend Chapter 301,Waukee Municipal Code, Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from A-I (Agricultural District)to the following zones:to C-l (Community and Highway Service Commercial District)and to C-IA (Neighborhood Commercial District);and then by rezoning and changing certain property therein from C-l (Community and Highway Service Commercial District)and from c- lA(Neighborhood Commercial District)to the following zone:PD (Planned Development Overlay District);and amend the Official Zoning Map to show re-zoning Wayne Johnson introduced the ordinance and included exhibits A,B,C,D as part of the ordinance.Nick Gruber moved to have the first reading in title only.Don Bailey,Jr. second.Roll call:Ayes:Gruber,Bailey,Peard,Johnson,Gruber.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only.Wayne Johnson moved to waive the 2nd and 3 rd reading and put this ordinance on its fmal passage.Nick Gruber second.Brief discussion predominately requesting to hold the second and third readings as the Council has been doing.Wayne Johnson withdrew his motion.Nick Gruber withdrew his second. (12)Public Hearing:On an ordinance to amend section 303.157,Waukee Municipal Code,Park Site Dedication Requirements,of the City of Waukee,Iowa,by deleting said section and each subparagraph thereof,and inserting Park Site Dedication, Reservation or Payment Provisions in lieu thereof Mayor Leslie opened the public hearing.Rick Ross asked to have this proposed ordinance explained.Mark Arentsen and Chad Weaver responded.No other person present wished to address the council on this issue.Mayor Leslie closed the public hearing. (13)Ordinance:Approving an ordinance to amend Section 303.157,Waukee Municipal Code,Park Site Dedication Requirements,of the City of Waukee,Iowa,by deleting said section and each subparagraph thereof,and inserting Park Site Dedication,Reservation or Payment Provisions in lieu thereof Wayne Johnson introduced the ordinance.Bill Peard moved to have the first reading in title only.Nick 4 Gruber second.Roll call:Ayes:Peard,Gruber,Johnson,Watts,Bailey.Nays:None. Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (14)Public Hearing:On a resolution approving the vacating of a 20'Surface Water Easement located on Lot 2 Windfield Multi-Family Plat 1 to Windfield West II Limited Partnership Mayor Leslie opened the public hearing.Jeff Himrich and James Conlin addressed the Council on this issue.No other person present wished to address the council on tins issue.Mayor Leslie closed tile public healing. (15)Resolution:Approving the vacating of a 20'Surface Water Easement located on Lot 2 Windfield Multi-Family Plat 1 to Windfield West II Limited Partnership Mike Watts moved to approve the resolution vacating tile 20'surface water easement.Bill Peard second.Roll call:Ayes:Watts,Peard,Gruber,Bailey,Johnson.Nays:None. Motion carried 5 -O. (16)Receive/File:Waukee Fire Department Annual Report Fire ClriefTerry Sesker gave the power point presentation to the council on the activities of tile fire department and the revenue received during the last fiscal year.Brief discussion.Nick Gruber moved to receive/file the report.Wayne Jolmson second.Roll call:Ayes:Gmber, Johnson,Watts,Peard,Bailey.Nays:None.Motion carried 5 -O. (17)Resolution:Approving and accepting offer by Gerald D.Grubb,Inc.for construction of L.A.Grant Parkway Improvements Wayne Johnson moved to approve. Mike Watts second.Roll call:Ayes:Johnson,Watts,Gruber,Bailey,Peard.Nays: None.Motion carried 5 -O.Mr.Watts extended Iris appreciation for the efforts by Gerald D.Gmbb,Inc .. (18)Resolution:Approving a sewer easement with Kevin and Michelle Patrick of920 1"Street Wayne Johnson moved to approve.Don Bailey second.Mark Arentsen indicated the easement agreement had not been submitted to Mr.Patrick who might have wording revisions he would wish to make.Mr.J ohnson indicated he would rather not approve an easement which might be revised.He amended his motion to move approval of the sewer easement subj ect to no revisions and with the understanding that if revisions were forthcoming,the easement must be brought back to council.Don Bailey seconded the amended motion.Mr.Bailey continued the discussion with regard to the options available other than a force main sewer line and additional issues with the force main sewer line.Mr.Arentsen explained the cost difference between gravity sewer and force main sewer and how those costs were split.Mr.Watts indicated he preferred paying up front for a gravity sewer line rather than putting in a force pump for two properties and which would need to be replaced at some time in the future.Mr.Jolmson and Mr.Peard continued the discussion by explaining the issue further.Mr.Bailey supported a gravity feed.Mr.Gruber felt the cost of the gravity feed versus a force main sewer didn't justify installing a gravity feed.Mik Briedis suggested that the City consider these pumps as the responsibility ofthe property owner rather than the City so that tile decision of how to proceed whether gravity or pump would be the choice of the property owners rather than the City.This resolution is an easement with regard to a sewer line and has notlring to do with the agreement with the Library and Immanuel Lutheran Church.Roll call:Ayes: Johnson,Gmber,Peard.Nays:Bailey,Watts.Motion carried 3 -2. (19)Resolution:Approving Tax Credit Housing Application for Windfield West Apartments,Third Phase Mr.Gruber moved to approve.Mr.Watts second.Mr.Jim I 5 Conlin was present to discuss this request.Roll call:Ayes:Gruber,Watts,Bailey,Peard, Johnson.Nays:None.Motion carried 5 -O. (20)Resolution:Approving Preliminary Plat for Interstate Business Ventures Plat 1 Mike Watts moved to approve.Bill Peard second.Roll call:Ayes:Watts,Peard,Gruber, Johnson,Bailey.Nays:None.Motion carried 5 -O. (21)Resolution:Approving Final Plat for Interstate Business Ventures Plat 1 Bill Peard moved to approve.Mike Watts second.Roll call:Ayes:Peard,Watts,Gruber, Bailey,Johnson.Nays:None.Motion carried 5 -O. (22)Resolution:Approving Construction Plans for Williams Pointe Plat 2 Bill Peard moved to approve.Mike Watts second.John Gibson indicated that all issues raised by V &K were accepted by the developer.The bike trail will be addressed at the Final Plat stage.Roll call:Ayes:Peard,Watts,Bailey,Gruber,Johnson.Nays:None.Motion carried 5 -O. (23)Resolution:Approving Preliminary Plat for Parkview Crossing Plat 4 Mike Watts moved to approve.Wayne Johnson second.Mr.Gruber questioned whether the sidewalks were shown on the north and west side.Mr.Gibson indicated they had.Roll call:Ayes:Watts,Johnson,Bailey,Gruber,Peard.Nays:None.Motion carried 5 -O. (24)Resolution:Approving Final Plat for Parkview Crossing Plat 4 Mike Watts moved to approve.Nick Gruber second.Roll call:Ayes:Watts,Gruber,Johnson,Peard, Bailey.Nays:None.Motion carried 5 -O. (25)Resolution:Approving Construction Plans for Parkview Crossing Plat 4 Mike Watts moved to approve.Wayne Johnson second.Roll call:Watts,Johnson,Peard, Gruber,Bailey.Nays:None.Motion carried 5 -O. (26)Resolution:Approving Final Plat for Parkview Commons Mike Watts moved to approve.Wayne Johnson second.Mr.Gibson asked that this resolution be approved subj ect to the builder correcting the problem consisting of 1"of standing water in the last 10 feet of the newly constructed flume.Mike Watts amended his motion to include Mr. Gibson's comment.Wayne Johnson amended his second.Roll call:Ayes:Watts, Johnson,Bailey,Peard,Gruber.Nays:None.Motion carried 5 -O. (27)Resolution:Approving Declaration of Submission of Property to Horizontal Property Regime for Brighton Park Don Bailey moved to approve.Wayne Johnson second.Mr.Huscher indicated that the declaration met the code requirement and is sufficient for the City's purposes.Roll call:Ayes:Bailey,Johnson,Watts,Peard, Gruber.Nays:None.Motion carried 5 -O. (28)Resolution:Approving a council initiated rezoning and reclassification of Westgate Business Park Don Bailey moved to approve.Nick Gruber second.Mr. Johnson reviewed the resolution.Mr.Arentsen indicated this was starting the rezoning process and is not the final rezoning.Mr.Watts discussed the difference between a buffer and a landscape buffer and indicated that the design of the buildings and the landscaping had not been finalized.Mr.Peard read an excerpt from Lon Hawbaker's letter asking that the counsel review the proposed Westgate Business Park rezoning and reclassification carefully to ensure compliance with existing codes.Nick Gruber moved to remove the "whereas clause in doubt."Further discussion concerned the wording of the resolution and the material for this issue in the packets.Don Bailey withdrew his motion to approve the resolution because the resolution presented to the council was different from the resolution the City Planner had.He requested that this item be sent 6 back to staff.Nick Gruber withdrew his second and moved that we approve this resolution as amended by taking out the "whereas"in question and changing the resolution by stating that the council that it caused notice to be published of the proposed zoning change of the Westgate Business Park Plat 2 from M-1 and M-1A to Planned Development Overlay District.The motion died for want of a second.This agenda item will be brought back at the next regularly scheduled council meeting. (29)Ordinance:Approving an ordinance providing for the division of taxes levied on taxable property in the 2002 addition to the Waukee Urban Renewal Area,pursuant to Section 403.19 of the Code of Iowa (third reading)Mike Watts moved to have the third reading of this ordinance in title only.Don Bailey,JI.second.Roll call:Ayes:Watts, Gruber,Jolmson,Peard.Nays:Bailey.Motion carried 4 -1.Mark Arentsen read the ordinance in title only.Mike Watts moved to place this ordinance on its final passage. Wayne Johnson second.Roll call:Ayes:Watts,Johnson,Peard,Gruber,Nays:Bailey. Motion carried 4 -1.Mayor Leslie declared the ordinance passed and dilly adopted. (30)Ordinance:Approving an ordinance to amend Chapter 500,Section 502.8, Waukee Municipal Code,Traffic Ordinances of the City of Waukee,Iowa,by inserting, after the words,"Locust Street"in §502.8B2,the words,"except at the East 75 feet thereof"(second reading)Don Bailey moved to have the second reading in title only, waive the third reading and place this ordinance on its final passage.Bill Peard second. Roll call:Ayes:Bailey,Peard,Watts,Gruber,Johnson.Nays:None.Motion carried 5- O.Mr.Arentsen read the ordinance in title only.Mayor Leslie declared this ordinance passed and dilly adopted. (31)Ordinance:Approving an ordinance amending Chapter 304,Section 304.7 of the Municipal Code of the City of Waukee,Site Plan Requirements of the City of Waukee, Iowa,providing for Site Plan approval prior to issuance of a building permit,is hereby amended by adding thereto the words,"No Site Plan shall be approved for any Horizontal Property Regime until the Declaration as the Horizontal Property Regime required by §499B.3,Code of Iowa,shall have been approved by the City Council.No such Declaration as to the Horizontal Property Regime shall be recorded with the County Recorder until approval by the City Council shall have been endorsed thereon."(intra and first reading)Don Bailey introduced this ordinance.Wayne Johnson moved to have the first reading in title only.Nick Gruber second.Rick Ross addressed the council with regard to designating the common areas in the declaration indicating that this really can't be completed until the site plan is finished and preferrably approved.Attorney Paul Huscher responded to Mr.Ross'concern.Mr.Ross suggested that the order of completion,not the content,was his concem.He felt the site plan and the declaration should come in together,After additional discussion,Nick Gruber recommended following through with the ordinance as written by Mr.Huscher.Roll call:Ayes:Johnson,Gruber,Watts,Peard,Bailey.Nays:None.Motion carried 5 -O. Mark Arentsen read the ordinance in title only. (32)Motion:Setting November 4,2002 as the date for a public hearing on an ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from M-1 (Light Industrial District)and M-1A (Limited Industrial District)to the following zone: PD (Planned Development Overlay District);and amend the Official Zoning Map to show re-zoning This item was not addressed because item #28 was returned to staff. I .1 7 REPORTS:Reports were submitted by Mark Arentsen,Cathy Paardekooper,Jody Gunderson,Dennis Dowell,Linda Burkhart,John Gibson,Mik Bricdis,Paul Huscher, Wayne Johnson,Bill Peard,Mike Watts,Don Bailey,Jr.,Nick Gruber. Mayor Leslie asked for a motion to adjourn.Don Bailey,Jr.moved.Mike Watts second, Ayes:All.Nays:None.Motion carried 5 -O. Meeting Adjourned at 9:20 PM. Mark D.Leslie,ayor 8