HomeMy WebLinkAbout2002-12-02-Regular MinutesWAUKEE CITY COUNCIL MINUTES
DECEMBER 2,2002 r I
(1)Call to Order -The regularly scheduled meeting of the 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 Jolmson.
(4)Open Forum -No one present wished to address the council on any matter
not already on the agenda.
(5)Agenda Additions /Approval-Don Bailey,Jr.moved to approve the agenda with
items 8,9 and 10 moved to the Consent Agenda;Bill Peard second to approve the agenda
as amended.Ayes:All Nays:None.Motion carried 5-0.
(6)Consent Agenda-
A.Approving 11-15-02 &11-27-02 Payroll and 11-27-02 Bill List
B.Approving 11-18-02 &11-21-02 City Council Minutes
C.Approving Stemquist Construction,Inc.Change Order #3 in the
amount of$7,108.98
Approving Sternquist Construction,Inc.Pay Estimate #6 (Final
Pay Estimate)in the amount of$O.OO
Approving Change Order #7 for library re:proposal requests 13
through 16
Nick Gruber moved to approve items 6A through 6E and items 8,9,and 10.Wayne
Johnson second to approve all items.Brief discussion.Roll call:Ayes:Gruber,Johnson,
Bailey,Peard,Watts.Nays:None.Motion carried 5-0.
Bill List (11-27-02)
CHECKS ISSUED PRIOR TO COUNCIL APPROVAL,
CITY OF WAUKEE
CITY OF WAUKEE
COMMERCIAL FEDERAL BANK
COMMUNICATIONS WORKERS OF AMERICA
EFTPS
MERCY SCHOOL OF EMS
OFFICE DEPOT
SAGEBRUSH TECHNOLOGIES
SAM'S CLUB
RODNEY SCHETTLER
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
UNITED WAY CENTRAL IOWA
TOTALS
ITEMS PRESENTED FOR COUNCIL APPROVAL,
ADVANTAGE SALES &SUPPLY
ALL MAKES OFFICE EQUIP
AMERICAN PUBLIC WORKS ASSOCIATION
ANNEAR EQUIPMENT INC
ARDICK EQUIPMENT CO INC
MARK ARENTSEN
D.
E.I
2,800.00
651.26
38.88
518.40
31,059.91
60.00
55.23
450.00
91.77
18.96
4,271.58
214.96
3/171.14
70.00
43,472.09
200.50
1,467.00
239.00
857.68
178.68
250.00
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BANKERS TRUST COMPANY
BARCO MUNICIPAL PRODUCTS
LINDA BURKHART
BUSINESS COMMUNICATIONS
CAPITAL SANITARY SUPPLY
COMPETITIVE EDGE
COMPUSA INC
CONTINENTAL RESEARCH CORP
COUNTRY CLINIC
CRYSTAL CLEAR BOTTLED WATER
DIAMOND VOGEL PAINTS
FASTPRO INTERNATIONAL INC
G &L CLOTHING
GALL'S INC
GENERAL FIRE &SAFETY EQUIP
GROEBNER &ASSOCIATES INC
JODY GUNDERSON
HEARTLAND CO-OP
HICKORY TECH
CAROL lICINDyn HOL
HOTSY CLEANING SYSTEMS
PAUL E HUSCHER
HY-VEE FOOD &DRUG CENTER
ICMA RETIREMENT TRUST 457
INDUSTRIAL SALES COMPANY
IOWA DEPT OF TRANSPORTATION
IOWA STATE UNIVERSITY
IPERS -POLICE
IPERS
JEWISH FEDERATION OF DES MOINES
LEE WAYNE CORPORATION
LOGAN CONTRACTORS SUPPLY
MARK I II HOMES
MARTIN MARIETTA AGGREGATE
MATT PARROTT &SONS CO
MENARDS
MID AMERICAN ENERGY
MOBILE VISION
MUNICIPAL SUPPLY
NETWORKS INC
OFFICE DEPOT
OFFICE DEPOT CREDIT PLAN
OFFICE FURNITURE USA
ORKIN PEST CONTROL
THE PERRY CHIEF
PLUMB SUPPLY COMPANY
PRACTICAL APPLICATIONS INC
PUCKETT TOOLS &FASTENERS
QUALITY FORD OF WDM
QWEST
R-WAY CONCRETE
RD MCKINNEY PLBG &EXCAVATING
RDG CROSE GARDNER SHUKERT
RDJ SPECIALTIES INC
BETH RICHARDSON
SHIVE HATTERY INC
KERI THOMAS
117,400.00
225.00
5.48
125.00
47.88
388.20
148.52
435.21
462.00
8.80
57.00
141.45
235.70
112.30
37.00
162.40
250.00
253.96
1,635.15
16.00
12.45
2,000.00
21.34
1,152.60
675.50
177.00
85.00
5/605.46
7,260.11
75.00
1,425.41
19.95
100.00
458.44
181.18
210.99
15,000.65
200.00
398.50
360.00
687.29
275.11
105.00
37.00
30.00
9.40
166.00
294.09
228.83
57.87
197.50
5,980.00
31.80
325.00
99.38
686.28
100.00
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BOBBY THOMPSON 130.00
TREASURER STATE OF IOWA 5,468.66
TRIPLETT OFFICE ESSENTIAL 325.00
US FILTERjWATERPRO 254.00
VERNON MANUFACTURING 45.00
VISA 552.59
WITTENBECK MEMORIALS INC 500.00
TOTALS 177,345.29
(7)Mayor's Report:The mayor's report included a reminder of the Sales Tax meeting
on Tuesday and a reminder of the Winterfest on Friday ofthis week.
(8)Resolution:Approving awarding the contract for the Library Furnishings Package
#1,Alternates #2 and #3,end panels and canopies Moved to consent agenda.
(9)Resolutiou:Approving purchase of telephone system for new library Moved to
consent agenda.
(10)Resolution:Approving purchase of garbage disposal &dishwasher for new
library Moved to consent agenda.
(11)Resolution:Approving payment of the retainage for the 2002 Sanitary Sewer
Improvements Division I-Stadium Concession Stand Sanitary Sewer Extension to
Corell Contractor,Inc.in the amount of $3,812.01 Mike Watts moved to approve the
resolution.Nick Gruber second.No discussion.Roll call:Ayes:Watts,Gruber,Bailey,
Johnson,Peard.Nays:None.Motion carried 5 -O.
(12)Resolution:Approving FY03 Capital Improvements Plan Mike Watts moved to
approve;Don Bailey,Jr.second.A discussion was held with regard to the prospective
borrowing included with the FY03 Capital Improvements Plan,the current bon-owing and
projects yet to be completed and those anticipated for FY03-04.Don Bailey,Jr.and
Mike Watts indicated they weren't in favor of the FY03 Capital Improvements Plan as
compiled because the amount to be borrowed may be more than needed and two of the
projects -Hickman Street Lighting Project and the R22 Sewer Project -appeared to be
incorrect or not as anticipated.Mr.Gruber and Mr.Peard added comments.Mr.Bailey
agreed with Mr.Peard,who had indicated that the council approve those projects which
were accepted by all rather than rejecting the entire list of improvements,and amended
his second to Mr.Watts'motion to include all of the projects in the proposed FY03
Capital Improvements Plan except the Hickman Road Street Lighting Proj ect and the R-
22 Sewer Service Project.Councilman Watts agreed with Mr.Bailey and amended his
motion to concur with Mr.Bailey's second.Mr.Johnson added comments in SUppOTtof
this proposal.Roll call:Ayes:Watts,Bailey,Peard,Gruber,Johnson Nays:None.
Motion carried 5 -O.
(13)Resolution:Setting January 6,2003 as the date for a public hearing on
designation of the amended Waukee Urban Renewal Area and on urban renewal plan
amendment Mike Watts moved to approve;Wayne Johnson second.No Discussion.
Roll call:Ayes:Watts,Johnson,Bailey,Peard,Gruber,Nays:None.Motion carried 5 -
O.
(14)Resolution:Approving Veenstra &Kimm,Inc.proposalfor the preparation of a
Plan of Action for the Southfork Wastewater Collection System Mike Watts moved to
approve this resolution.Wayne Johnson second.Mik Briedis,city engineer,explained
the project as anticipated and indicated that action is being taken due to a governmental
request to eliminate the septic systems in Southfork.Mr.Johnson asked if state funding
would be available.Mr.Briedis indicated that most of the property owners in Southfork
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would not qualify for grant programs that are available;but might be eligible for loan
programs.Roll call:Ayes:Watts,Johnson,Gruber,Bailey,Peard.Nays:None.Motion
carried 5 -O.
(15)Resolution:Approving Site Plan for Kids Company addition Mike Watts moved
to approve;Bill Peard second.Mike Watts indicated the project went through P&Z and
he thought it would be a good addition for the City.Roll call:Ayes:Watts,Peard,
Gruber,Bailey,Johnson.Nays:None.Motion carried 5 -O.
(16)Receive/File:Review of the State of Iowa Code with respect to gifts accepted or
received by public officers and employees Don Bailey,Jr.moved to approve the
receive/file of this item.Wayne Johnson second.Mr.Bailey explained his request to
have this item added to the agenda as a reminder this time of year as to the state law on
this issue.In addition Councihnan Bailey requested that a copy of attorney Paul
Huscher's report be distributed to every employee.Roll call:Ayes:Bailey,Johnson,
Watts.Nays:Peard,Gruber.Motion carried 3 -2.
(17)Receive/File:Review of proposals received as a result of the RFP for temporary
signage for new businesses open from one to ninety days Mike Watts moved to approve
the resolution.Wayne Johnson second.Don Bailey requested this item be on the agenda
and requested that everyone review the proposals received thus far for future council
discussion and/or action.Mayor Leslie indicated that he liked Councihnan Peard's
suggestion that the portable signs with digital rolls of information might be an alternative
to the proposed signs.Mr.Arentsen will get an estimate of cost for this type of sign.
Mayor Leslie would like this item brought back at the first of the year for further
discussion.Roll call:Ayes:Watts,Johnson,Peard,Gruber,Bailey.Nays:None.Motion
carried 5 -O.
(18)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 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 (second reading,Westgate
Business Park)Mike Watts moved to have the second reading ofthis ordinance in title
only.Don Bailey,Jr.second.After Wayne Johnson discussed Mr.Sumner Worth's
letter praising the council for its can do attitude,Mr.Watts amended his motion to
include the following:1)there will be no rib paneling on the front of buildings;2)
materials used on the front of the building will be wrapped around the first five feet on
each side of the building;3)Textured Vee-Ribbed steel will be permitted on the sides and
back;4)landscaping issue with Regency and Hawbaker properties (will be resolved);5)
parking lot earth berrning will occur according to the ordinance as provided in city code
section 304.5H and in particular,item 13C in Exhibit A;6)Lot one,already sold to
Valley Papers,if split,the building on the portion of the lot fronting Alice's Road must
be built using the same exterior materials and standards as the buildings on lots 14 &23;
and 7)Commercial buildings being built in the industrial park do not have to meet the C-
I (Commercial District)standards.Mr.Gruber who had visited with Lon Hawbaker,
representing the Hawbaker family,indicated that Mr.Hawbaker was defiuitely against
the lib panels as building materials for the back of the buildings in lots 8,9,10,11,12
and 13,which abut the Hawbaker family property.Mr.Johnson indicated that he felt the
issue of separation of zoning classification was to be completed by landscaping buffer
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only and not by building materials.Councilman Peard had requested a city hired
landscaper to review the landscape proposal.The city did not hire a landscaper;however,
Rich Gardner ofRDG Crose Gardner Shukert was hired by the Hawbaker property to
review the landscape proposal.Mr.Hawbaker and Mr.Campney have agreed that the
landscaping proposal of Mr.Gardner would be applied to the south end of Olive Glen and
would apply to the north end of Westgate.This proposal consists of 3 six foot evergreen
trees and 4 understory trees per hundred feet purchased in a minimum of five gallon
containers.According to Mr.Watts,the landscaping between Westgate and Regency
Townhomes would be two trees and six shrubs every 100 foot and if Vee-Rib paneling is
used,the landscaping would be effectively 150%or three trees and nine shrubs.Regency
Townhomes will install the same amount oflandscaping on their property which is west
of Westgate Business Park.Mr.William Lillis onoo Bank of America Building
representing the Hawbaker interests indicated that Mr.Lon Hawbaker had (I)no
objection to the rezoning,(2)agreed to 150%landscaping on "both"properties which
would include 3 six foot evergreen trees and 4 understory trees in five gallon containers
per 100 feet per property and (3)indicated from the public hearing through the second
reading that he did not agree with the Vee-Rib paneling for the backs of the buildings
abutting Olive Glen.Mr.Bailey moved to amend his second to Mer.Watt's amended
motion to include the amendments made to the original motion.Discussion continued
with regard to the topics of landscaping,V ee-Rib metal paneling,definition of a PD and
the transition from one zoning area to another in tenus oflandscaping and building
materials and the growth and development of the community,Concluding the discussion,
Councilman Watts asked Mr.James Campney,owner of the property,to correct my
errors in his re-Iisting of the amendments to his original motion as he restated them:(I)
ribbed metal would not be permitted as building material for the front of the buildings;
(2)materials used on the front ofthe building will be wrapped around the first five feet
on each side ofthe building;(3)textured ribbed paneling like what is on Gilcrest Jewett
would be allowed on sides and rear of buildings;(4)landscaping on the west side of
Westgate would consist of2 trees and 6 shrubs everyone hundred feet and ifribbed
paneling is used on the backs of buildings,additional landscaping adding up to 150%or 3
trees and 9 shrubs will be planted.Regency Townhomes will install the same amount of
landscaping on their property west of Westgate Business Parle Landscaping on the north
side of Westgate would consist of 3 evergreen trees,6 feet tall and 4 understory trees,
purchased in 5 gallon containers minimum;(5)Iflot 1 or lot 13 are divided,the building
on the lot fronting Alice's Road must be of the same materials and standard as the
building built on lots 14 &23;(6)parking lot earth berming would be required and would
be installed according to the ordinance as provided in city code section 304.5(H)
regulating earth berms with specific attention to item 13C in Exhibit A,which indicates
that plantings and shrubbery can be substituted for the height of the berm;(7)commercial
buildings being built in the industrial park do not have to meet the C-I (Commercial
District)standards;(8)replacement of materials including landscape materials would not
exceed 12 months;(9)requirement,as suggested by city attorney Paul Huscher,that all
parties -owners of property abutting Westgate and owners of previously purchased lots
in Westgate-connected with the rezoning of Westgate from M-I and M-IA to a PD
must confmn their approval of the proposed change in writing;(10)staff is to work with
Mr.Campney in a review of the covenants,Mr.Bailey amended his second to include
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the most recent amendments.Mike Watts requested that all letters approving the action
of the Council to re-zone Westgate from M-1 and M-1A to PD be sent to the city by
Friday,12-06-02.
Mr.Greg Judas,owner of lot 1 and Jamie Meyers,representing Regency Town Homes
were present and verbally indicated there approval of the rezoning of the property to PD
and approved of those aspects which directly effect each of them.Mayor Leslie
requested the discussion close and called for the Roll:Ayes:Watts,Bailey,Johnson.
Nays:Peard,Gruber.Motion carried 3 -2.
(19)Ordinance:Approving an ordinance to amend Chapter 500,Section 501.18,
Waukee Municipal Code,Traffic Ordinances of the City of Waukee,Iowa,by deleting
the heading,"Through Streets Designated,"and inserting in lieu thereof the words,
"through Streets and Stop Intersections,"and by adding to Schedule A,4-Way Stop
Intersections,after "Florence Street and Rosenkranz Street,"the words,"White Tail
Lane and Marshall Drive."(second reading)Mike Watts moved to have the second
reading in title only.Wayne Johnson second.No discussion.Roll call:Ayes:Watts,
Johnson,Peard,Gruber,Bailey.Nays:None.Motion carried 5 -O.Mark Arentsen read
the ordinance in title only.
(20)Ordinance:Approving an ordinance to amend Chapter 212,Waukee Municipal
Code,of the City of Waukee,Iowa,by amending Section 212.2,to eliminate exceptions
to restrict open burning within the city limits of the City of Waukee,Iowa,and to
eliminate the exception for plant and vegetable matter burning during certain times,by
deleting from the first paragraph of said section the words,"Except for the burning of
plant and vegetable matter originating on the premises owned or leased by such
person,between the hours of 7:00 A>M.to 7:00 P.M.,April 15t1'through April 3rj!',
excluding Sundays,and between the hours of 7:00 A.M.to 7:00 P.M.,November 1to
November 30,excluding Sundays,with said fires being extinguished and not
smoldering by the 7:00 P.M.Deadline."(intra and first reading)Wayne Johnson
introduced the ordinance.Nick Gruber moved to have the first reading in title only.
Mike Watts second.Jim Phillips of 240 Bel Aire questioned the intent and the method of
the City burning.Monica Lihs of 455 Northview Drive,whose fence was burned by a
neighbor's uncontrolled burning,spoke to the issue.Roll call:Ayes:Gruber,Watts,
Johnson,Bailey,Peard.Nays:None.Motion carried 5 -O.Mark Arentsen read the
ordinance in title only.
(21)Ordinance:Approving an ordinance to amend Section 303.158A,Waukee
Municipal Code,Development Capital Fees for Community Services,of the City of
Waukee,Iowa,by deleting the first unnumbered paragraph of said section and
subparagraph A thereof,and inserting in lieu thereof updated Development Capital
Fees for Community Facilities as described in Section 1 hereof Don Bailey,JI.
introduced this ordinance.Wayne Johnson moved to have the first reading in title only.
Nick Gruber second.Wayne Johnson explained the reasoning behind the ordinance and
suggested that the fee schedule should be reviewed yearly.Roll call:Ayes:Johnson,
Gruber,Watts,Bailey,Peard.Nays:None.Motion carried 5 -O.Mark Arentsen read
the ordinance in title only.
REPORTS:Mark Arentsen,Jody Gunderson,John Gibson,Chad Weaver,Paul
Huscher,Bill Peard,Mike Watts,Don Bailey,Jr.and Nick Gruber gave reports
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Mayor Leslie asked for a motion to adjourn.Wayue Johnson moved.Nick Gruber
second.Ayes:AlL Nays:None.Motion carried 5-0.
Meeting Adjourned at 8:55 PM.
C.Paardekooper,Deputy City Clerk hue&£~
Mark D.Leslie:MJyor
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