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Home My WebLink About2002-11-04-Regular MinutesWAUKEE CITY COUNCIL MINUTES NOVEMBER 4,2002 (1)Call to Order -The regular meeting of the Waukee City Council was called to order by Mayor Leslie at 7:02 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 and Wayne Johnson. Bill Peard was absent. (4)Open Forum -No one present wished to address the council. (5)Agenda Additions /Approval-Mike Watts moved;Wayne Johnson second to approve the agenda as written.Mayor Leslie indicated that due to insufficient information,items 16 through 19 were snuck from the agenda.John Gibson, Public Works Director,asked to remove sub-items F and G from item 6.Item 26 was corrected from $50,000 to $50.00.Mike Watts amended his motion to include the deletions.Wayne Johnson seconded the amended motion.Ayes:All. Nays:None.Motion carried 4-0. (6)Consent Agenda- A.Approving 10-30-02 Bill List B.Approving 10-21-02 and 10-23-02 City Council Minutes C.Approving Liquor License with Sunday Sales Privilege for Q-Bal Inc.DBA Skippy's D.Approving Beer and Wine Off Premises License for Fareway Stores Inc.DBA Fareway Stores Inc #989 E.Approving Stemquist Construction,Inc.Change Order #2 in the amount of $3,520.00 F.Approving Stemquist Construction,Inc.Change Order #3 in the amount of$17,706.57 (removed from the agenda) G.Approving Stemquist Construction,Inc.Pay Estimate #6 (Final Pay Estimate)in the amount of$3,087.50 (removed from the agenda) Don Bailey,Jr.moved,Mike Watts second to approve items A through E,excluding items F &G.Ayes:All.Nays:None.Motion carried 4-0.Mr.Bailey wanted to clarify the 10-21-02 Minutes,item 28 approving a council initiated rezoning and reclassification of Westgate Business Park.Mr.Bailey withdrew his motion because the resolution presented to the council was different from the resolution the city planner had.He would like the record to reflect that for this item and for item 32.In addition to that under open forum,item 4,for the same meeting,Mr.Bailey was simply trying to get an update on the status of the meeting regarding the Fitzgerald property annexation.Mr.Bailey entered his comments into the record.Roll call:Ayes:Bailey,Watts,Johnson,Gruber.Nays: None.Motion carried 4 -O. Bill List (10-31-02) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL, BIG SKY BREAD COMPANY GARY BRANDT 85.44 30.00 COMMERCIAL FEDERAL BANK FIRE SERVICE TRAINING BUREAU IOWA METHODIST MEDICAL CENTER ALICE &CAROLYN MEYERS SCOTT OLSON SHAWN POPP PROFESSIONAL DEVELOPERS BETH RICHARDSON SAM'S CLUB TREASURER STATE OF IOWA TREASURER STATE OF IOWA TREASURER STATE OF IOWA TOTALS BILLS PRESENTED FOR COUNCIL APPROVAL ALLIANCE MEDICAL AMERITAS LIFE INSURANCE CO ARAMARK UNIFORM SERVICES MARK ARENTSEN ARNOLD MOTOR SUPPLY ASPEN MILLS BAKER COMMUNICATIONS BANKERS TRUST COMPANY LINDA BURKHART BUSINESS COMMUNICATIONS CAPITAL CITY EQUIPMENT CO CAPITAL SANITARY SUPPLY AMBER CARAVAN CARPENTER UNIFORM CO CHEM-DRY MCGRAW CIGMA LLC COMMUNITY IMPROVEMENT COMPUSA INC CONTINENTAL RESEARCH CORP DALLAS COUNTY DEVELOPMENT DAN RAITT INC DECATUR ELECTRONICS DES MOINES INDUSTRIAL PRODUCTS DORSEY &WHITNEY ELECTRONIC ENGINEERING CO FASTPRO INTERNATIONAL INC FESTJERS INC GALL'S INC JOHN GIBSON GROEBNER &ASSOCIATES INC JODY GUNDERSON HAWKEYE TRUCK EQUIPMENT ROBERT HERRICK HICKORY TECH CAROL lICINDYIl HOL HOTSY CLEANING SYSTEMS HUMAN KINETICS PAUL E HUSCHER INTERNATIONAL ECONOMIC DEVELOPMENT FIRE EQUIPMENT COMPANY IOWA HEALTH SYSTEM IOWA LEAGUE OF CITIES JERICO SERVICES INC 96.49 15.00 150.00 632.17 120.35 15.00 150.00 161.57 29.93 6,489.37 258.73 126.01 8,360.06 'I 240.03 2,540.92 146.30 250.00 74.61 351.01 90.00 117,400.00 77.77 11536.00 30.84 149.76 300.00 330.27 579.00 23.00 109.00 479.38 247.14 44.00 416.18 169.10 242.77 3,116.40 285.50 154.31 71.99 430.94 7.39 410.71 250.00 4,296.78 105.95 1,352.28 91.00 80.40 65.95 2,000.00 50.00 60.80 312.00 60.00 1,395.00 1 JIMS JOHNS JOHN DEERE HEALTH PLAN INSU~CE KAR PRODUCTS KARL CHEVROLET INC KIEFER BUILT LLC LASER CAR WASH LAW ENFORCEMENT EQUIPMENT LEE WAYNE CORPORATION LOGAN CONTRACTORS SUPPLY MADISON NATIONAL LIFE INSU~CE MANATTS MBNA AMERICA BUSINESS CARD MEDICAP PHARMACY MENARDS METEORLOGIX METLIFE SMALL BUSINESS CENTER MID AMERICAN ENERGY MID STATES FORD INC MIDWESTERN CULVERT LTD MUNICIPAL SUPPLY MURPHY TRACTOR &EQUIPMENT NATIONAL SAFETY COUNCIL NETWORKS INC NOGG CHEMICAL &PAPER OFFICE DEPOT ORKIN PEST CONTROL OVERHEAD DOOR COMPANY THE PERRY CHIEF PLUMB SUPPLY COMPANY POSTIVE PROMOTIONS PRAXAIR DISTRIBUTION #440 PROSECUTING ATTORNEYS QUALITY FORD OF WDM QWEST R-WAY CONCRETE TOMMY RAY BETH RICHARDSON BECKY SCHUETT SMITH FERTILIZER &GRAIN TIM SULLIVAN SUN TURF INC TESTNET TOYNE INC TRADE SHOW MARKETING TRIPLETT OFFICE ESSENTIAL TRUCK EQUIPMENT INC UNITED STATES CELLULAR UNITROL US FILTER/WATERPRO VAN METER INDUSTRIAL INC VEENSTRA &KIMM INC VERIZON WIRELESS WASTE MANAGEMENT OF IOWA WAUKEE AUTO WASH WAYNE MANUFACTURING CO LC ZIEGLER INC TOTALS 100.00 24,108.71 134.88 106.79 3,588.00 59.00 73.69 106.92 115.65 780.55 1,436.31 844.27 152.68 122.26 1,056.00 428.14 8,283.39 146.81 127.00 482.05 903.41 146.28 540.00 86.02 369.24 55.00 4.00 30.00 338.33 187.89 146.45 130.00 535.11 58.19 612.25 450.00 16.43 7.30 165.00 1,059.70 145.18 54.00 1,471.50 195.89 25.00 136.80 59.97 49.70 828.07 65.07 12,225.16 36.87 193.28 210.00 2,964.86 47.08 207,228.61 (7)Mayor's Report:Among several items,Mayor Leslie informed the public that a copy ofthe Strategic Planning Summary prepared by Tim Shields was available at City Hall for public perusal.In addition Mayor Leslie is one of nine who have been appointed to the Greater DM Area's MFO Growth Scenario Task Force representing the westem suburbs.As a committee they will be looking at the 2030 long range transportation goals and objectives. (8)Mayor's Proclamation:Designating Friday,November 8,2002 as Community and Regional Planning Day in conjunction with the world wide celebration of World Town Planning Day Nick Gruber moved to approve the proclamation.Don Bailey,Jr.second. Mayor Leslie explained that the proclamation given to us from neighboring Norwalk city staff,draws attention to the aims,objectives and progress of urban,regional and environmental plamring.The International Organization for World Town Planning Day was founded in 1949.Roll call to approve the proclamation:Ayes:Gruber,Bailey, Johnson,Watts.Nays:None.Absent:Peard.Motion carried 4 -O.Mayor Leslie read the proclamation. (9)Resolution:Approving Auditor's final Report for FY2002 Don Bailey,Jr.moved to approve the resolution.Nick Gruber second.Mr.Bailey referenced an item referring to the response purportedly made by city staff to a comment issued by the auditing finn regarding the April 22,2002 meeting which had not been posted.The response indicated that a quorum of the Waukee council had not been expected to attend.This is incorrect and deleting that sentence will clarify the situation.A corrected page has been received from Denman &Company.Denman &Company representatives,Jay Hom,partner and Dave Ellis,manager,were present to discuss the audit.Mr.Hom indicated that the city received an unqualified opinion on financial statements for 2002 fiscal year.This opinion is otherwise known as a clean opinion and is an excellent rating.Mr.Ellis reviewed other comments where the city needs to improve.City Administrator Mark Arentsen noted that the City's financial condition continues to improve each year,Roll call:Ayes:Bailey,Gruber,Johnson,Watts.Nays:None.Absent:Peard.Motion carried 4-0. (10)Resolution:Approving memorandum of agreement with new EMS Medical Director,Timothy Gerdis,D.O.Mike Watts moved to approve.Wayne Johnson second. Brief comments were made by Nick Gruber.Roll call:Ayes:Watts,Jolmson,Gruber, Bailey.Nays:None.Absent:Peard.Motion carried 4 -O. (11)Resolution:Approving Agreement and Mutual Release with Downing Development with regard to park fees collected prior to 1995 Nick Gruber moved to approve.Don Bailey second.Mr.Bailey enquired as to whether the trail issue at a recent P &Z meeting was researched by city staff.Mr.Arentsen indicated that the trails will be constructed by Mr.Downing,Mr.Downing agreed to construct the trails.Some of the trails will be completed prior to the sale of the property and some after.Some of the property will be on city ROWand some will be on private property.Easements have been or will be secured for the trails on private property.Nick Gruber called for the question.Roll call:Ayes:Gruber,Bailey,Jolmson,Watts.Nays:None.Absent:Peard. Motion carried 4 -O. (12)Resolutiou:Approving joint water/sewer services for lots 1 &2 of Parkview Crossing Plat 4 Mike Watts moved to approve this resolution.Wayne Jolmson second. 1 Paul Huscher indicated the indemnity agreement was ok.Roll call:Ayes:Watts, Johnson,Gruber,Bailey.Nays:None.Absent:Peard.Motion carried 4 -o. (13)Resolution:Approving site Plan for R &R Realty Office Bldg /Waukee Community Schools Administrative Offices Mike Watts moved to approve.Wayne Johnson second.Dan Ducher representing R &R Realty,1280 Office Plaza Drive,West Des Moines,gave a brief power point presentation about R &R Realty Group and about the current project in Waukee.Roll call:Ayes:Watts,Johnson,Gruber,Bailey.Nays: None.Absent:Peard.Motion carried 4 -O. (14)Resolution:Approving Preliminary Plat for Williams Pointe Townhomes Mike Watts moved to approve.Don Bailey,Jr.second.Brad Cooper of CEC was present to discuss this project including bike trails and landscaping.Roll call:Ayes:Watts,Bailey, Gruber,Johnson.Nays:None.Absent:Peard.Motion carried 4 -o. (15)Resolutiou:Approving Site Plan for Williams Pointe Townhomes Mike Watts moved to approve.Don Bailey,Jr.second.Mr.Cooper requested the City approve the site plan prior to final plat.The developer would like to construct one home prior to winter weather.Roll call:Ayes:Watts,Bailey,Gruber,Johnson.Nays:None.Absent: Peard.Motion carried 4 -O. (16)Resolution:Approving Construction Plans for Willow Brook Plat 1 This item withdrawn from the agenda. (17)Resolution:Approving Preliminary Plat for Midwest Commercial Development Plat 1 This item withdrawn from the agenda. (18)Resolution:Approving Construction Plans for Midwest Commercial Development Plat 1 This item withdrawn from the agenda. (19)Resolution:Approving Final Plat for Midwest Commercial Development Plat 1 This item withdrawn from the agenda. (20)Resolution:Approving clarification of the Comprehensive Plan Nick Gruber moved to approve the resolution Don Bailey,Jr.second.Mr.Bailey asked for information regarding the changes on page 76.The city planner couldn't be specific in what changes had been made.Mr.Bailey felt that the changes made might affect the assessment rate as to which classification a street is listed.Mr.Bailey withdrew his second and respectfully requested his fellow councilmen withdraw their support of this resolution until after the information as to what was changed on page 76 of the Comprehensive plan was made available to the Council.Mayor Leslie confnmed that Mr.Bailey has requested a report showing what was on page 76 prior to the changes and what was on page 76 after the changes.Mr.Gruber's motion died for want of a second. Mr.Gruber then moved to postpone this item until the next regularly scheduled meeting- November 18,2002.Wayne Johnson second.Roll call:Ayes:Gruber,Johnson,Bailey, Watts.Nays:None.Absent:Peard.Motion carried 4 -0 (21)Resolution:Approving an amendment to the Comprehensive Plan to coincide with the re-zoning of Olive Glen Nick Gruber moved to approve this resolution.Don Bailey, Jr.second.Mr.Bill Lillis,300 Bank of America Bldg representing the Hawbaker family, present to answer questions.A discussion conceming the steel panels proposed for the building occurred.It was suggested that they were very much like the steel panels on the new high school.Roll call:Ayes:Gruber,Bailey,Watts,Johnson.Nays:None.Absent: Peard.Motion carried 4 -O. (22)Resolution:Approving a Council initiated re-zoning and reclassification of Westgate Business Park Mike Watts moved to approve.Don Bailey,JI.second.Mike Watts questioned as to what has occurred in the discussions with James Campney and Associates.Mark Arentsen will report to the council within the week to indicate what has occurred in the discussions between James Campney &Associates and staff. Discussion continued.Roll call:Ayes:Watts,Bailey,Gruber,Johnson,Nays:None. Absent:Peard.Motion carried 4 -O. (23)Ordinance:Approving 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 re-zoning and changing certain property therein from C-l (Community and Highway Service Commercial District)and from C-1A (Neighborhood Commercial District)to the following zone:PD (Planned Development Overlay District);and amend the Official Zoning Map to show re-zoning (second reading;Olive Glen)Mike Watts moved to have the second reading in title only,waive the third reading and place this ordinance on its final passage.Nick Gruber second.Roll call:Ayes:Watts,Gruber,Johnson,Bailey.Nays:None.Absent:Peard.Motion carried 4 -O.Mark Arentsen read the ordinance in title only.Mayor Leslie declared this ordinance passed and duly adopted. (24)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 (second reading)Nick Gruber moved to have the second reading of this ordinance in title only.Mike Watts second.Roll call:Ayes:Gruber,Watts,Johnson,Bailey.Nays:None.Absent:Peard. Motion carried 4 -O.Mark Arentsen read the ordinance in title only. (25)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 by 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 Pruperty Regime shall be recorded with the County Recorder until approval by the City Council shall have been endorsed thereon."(second reading)Mike Watts moved to have the second reading on this ordinance in title only.Wayne Johnson second.Roll call:Ayes:Watts,Johnson,Gruber, Bailey.Nays:None.Absent:Peard.Motion carried 4 -O.Mark Arentsen read this ordinance in title only. (26)Ordinance:Approving an ordinance to amend Chapter 205,Section 205.6, Waukee Municipal Code,City of Waukee,Iowa by providing for an increase in BLSIALS Transports from $300.00 per patient transported to $400.00 perpatient transported and by adding a fee for nitrous oxide,if required,per patient of $50.00 (intro and first reading)Nick Gruber introduced this ordinance.Wayne Johnson moved to have the first reading of this ordinance in title only.Don Bailey second.Roll call: Ayes:Johnson,Bailey,Gruber,Watts.Nays:None.Absent:Peard.Motion carried 4- I ] ,1 O.Mark Arentsen read the ordinance in title only.Nick Gruber moved to waive the second and third reading and place this ordinance on its final passage.Mike Watts second.Wayne Johnson indicated he would prefer having at least one more reading prior to the final passage for this ordinance because the ordinance would result in a change in the amount of fees.Mike Watts concurred and withdrew his second.The motion died fOTwant of a second. (27)Motion:Setting November 18,2002 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 (Westgate Business Park)Mike Watts moved to approve.Nick Gruber second.MT.Johnson discussed his view of changes that have been made recently.He requested that Campney &Associates correct the number and/or arrangement of trees planted on the berm or secure letters of agreement from the land owners to the north and to the west that a compromise as to landscaping has been reached.Mr.Watts discussed the appearance of buildings and the use of buildings in a PD.Roll call:Ayes:Watts, Gruber,Johnson,Bailey.Nays:None.Absent:Peard.Motion carried 4 -O. REPORTS:Mark Arentsen,Linda Burkhart,John Gibson,Paul Huscher,Wayne Johnson,Mike Watts,Nick Gruber MayOT Leslie asked for a motion to adjourn.Mike Watts moved.Nick Gruber second. Ayes:All.Nays:None.Absent:Peard.Motion carried 4-0. Meeting Adjourned at 8:58PM. 7