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HomeMy WebLinkAbout2003-04-07-Regular MinutesWAUKEE CITY COUNCIL MINUTES APRIL 7,2003 (1)Call to Order -The regularly scheduled meeting of the Waukee City Council was called to order by Mayor Tony Oberman at 7:00 PM. (2)Pledge of Allegiance (3)Ceremonial Swearing In of Mayor (4)Roll Call-The following members were present:Mayor Tony Oberman,and Council members Nicholas Gruber,Donald Bailey,Jr.,Mike Watts and Bill Peard. (5)Open Forum -No one present wished to address an issue not on the agenda. (6)Agenda Additions /Approval-Don Bailey,Jr.moved;Mike Watts second to approve the agenda as written.Mark Arentsen requested that Item 34 be moved to Item l8A and Item 35 be moved to Item l3A.Don Bailey then moved that Item 10 be moved to Item 6B and that Items 11,12,13,15 and 35 be moved to the Consent Agenda.Mike Watts seconded the amended motion.Councihnan Peard questioned the move ofItem 15.Mayor Oberman suggested excluding Item 15 from the motion to transfer. Councihnan Bailey concurred and amended his amended motion to exclude the move of Item 15 to the Consent Agenda.Councihnan Watts seconded the twice amended motion. Roll call:Ayes:Bailey,Watts,Gruber,Peard.Nays:None.Motion carried 4-0. (7)Consent Agenda- A.Approving 03-15-03 &03-31-03 Payroll and 04-01-03 Bill List B.Approving 03-17-03,03-19-03 &03-24-03 City Council Minutes 'C.Approving Beer Permit for Sugar Creek Golf,LLC DBA Sugar Creek Golf Nick Gruber moved to approve the Consent Agenda which included Items 7A,7B,7C, 11;Mike Watts second to approve all items.Roll call:Ayes:Gruber,Watts,Peard, Bailey.Nays:None.Motion carried 4-0. Bill List (04-02-03) PAID PRIOR TO COUNCIL APPROVAL: AAA AMERICAN BACKFLOW PREVENT AMERICAN WATER WORKS ASSOCIATION CITY OF WAUKEE CITY OF WAUKEE CITY OF WAUKEE COMMUNICATIONS WORKERS OF AMERICA WILLIAM J DAGGETT EFTPS IA-AWWA IOWA ORGANIZATION FOR BRENDA JERMIER JOEY MARCHANT LELAND PERKINS PRE-PAID LEGAL SERVICES BETH RICHARDSON TIM ROYER SAXTON INC TREASURER STATE OF IOWA TREASURER STATE OF IOWA ] 20.00 65.00 280.00 2,800.00 355.23 326.71 488.88 45.00 31,709.69 60.00 20.00 54.00 25.00 6.76 44.85 10.00 10.00 640.00 5,298.11 258.34 j 1 TREASURER STATE OF IOWA UNITED WAY CENTRAL US POSTAL SERVICE VISA WAUKEE STATE -CITY HALL MARGGIE WEIR WINTERS,TROY TOTALS UNPAID BILLS PRESENTED FOR COUNCIL ACCESS ADEL TV &APPLIANCE ALLEGRA ALLIANCE MEDICAL AMERITAS LIFE INSURANCE ARAMARK UNIFORM SERVICES MARK ARENTSEN ASI AUDIOVISUAL INC AUTO GLASS CENTER BACHARACH INC BANKERS TRUST COMPANY BATES &ASSOCIATES INC BRODERICK ANIMAL CLINIC BROWN SUPPLY CO INC LINDA BURKHART BUSINESS COMMUNICATIONS BUSINESS PUBLICATIONS AMBER CARAVAN CAROLINA BUSINESS FURNITURE CARPENTER UNIFORM CO CENTRAL IOWA EMS DIRECTOR CFI TIRE SERVICE CHEMSEARCH CIGMA LLC CITY OF CLIVE CITY OF DES MOINES COMPUSA INC CONSOLIDATED ELECTRICAL CRYSTAL CLEAR BOTTLED DALLAS COUNTY NEWS DAN RAITT INC DAN'S OVERHEAD DOORS 4 DES MOINES REGISTER DES MOINES STAMP MFG CO DES MOINES WATER WORKS DES MOINES WATER WORKS DORSEY &WHITNEY ED M FELD EQUIPMENT CO ELECTRONIC ENGINEERING FASTPRO INTERNATIONAL INC FESLERS INC FISHER CONTROLS INTL INC GALL'S INC GRAYBAR GREAT AMERICAN OUTDOOR GROEBNER &ASSOCIATES INC JODY GUNDERSON lO,l70.l7 70.00 24.00 36.42 lOO.OO lO.OO lO.OO 52,938.16 APPROVAL 04/07/03, 6,788.79 275.40 226.83 329.48 2,851.76 323.96 250.00 5,lO1.20 3,972.48 231.88 l55.00 llO,675.00 30.46 l35.00 54.78 l1.l6 422.90 45.00 323.93 3,998.25 l,498.0l 25.00 76.25 473.63 l8,479.25 1,042.21 6,4l5.00 404.54 5,841.89 5.80 29.95 1,556.65 l57.82 3l9.80 26.75 3,307.66 19,984.63 2,300.93 l,647.00 lO1.95 54.70 l40.l5 l,5l5.00 l04.93 237.26 8,450.00 l56.3l 250.00 2 HEARTLAND CO-OP HICKORY TECH CAROL nCINDyn HOL HOPKINS SPORTING GOODS HOTSY CLEANING SYSTEMS PAUL E HUSCHER HY-VEE FOOD &DRUG CENTER ICMA RETIREMENT TRUST 457 INTERSTATE ALL BATTERY CENTER INTERSTATE BATTERY SYSTEM IOWA ARMOR IOWA ASSOCIATION OF MUNICIPAL UTILITIES IOWA DEPT OF PUBLIC SAFETY IOWA FIRE EQUIPMENT COMPANY IPERS IPERS -POLICE J &M LOCK &KEY SERVICE JOHN DEERE HEALTH PLAN INSURANCE JP COOKE CO KAL INC KINKO'S INC MADISON NATIONAL LIFE MADSEN ENTERPRISES MARTIN MARIETTA AGGREGATE MBNA AMERICA BUSINESS CARD MENARDS MERCY SCHOOL OF EMERGENCY METLIFE SMALL BUSINESS CENTER MID AMERICAN ENERGY MID IOWA SALES COMPANY MID LAND EQUIPMENT COMPANY MID STATES FORD INC MIDWEST ENVIRONMENTAL SERVICE MIDWEST OFFICE TECHNOLOGY MIDWEST RADAR &EQUIPMENT MUNICIPAL SUPPLY NATIONAL WATERWORKS INC NEWMAN TRAFFIC SIGNS OFFICE DEPOT OMB POLICE SUPPLY ORKIN PEST CONTROL PITNEY BOWES PLUMB SUPPLY COMPANY POLK COUNTY FIREFIGHTERS POWERPLAN PRAXAIR DISTRIBUTION #440 QUALITY FORD OF WDM QWEST R-WAY CONCRETE BETH RICHARDSON ROAD MACHINERY &SUPPLIES BECKY SCHUETT SNYDER &ASSOCIATES INC SPRING VALLEY WIRELESS STAR EQUIPMENT LTD STOFFEL SEALS CORPORATION TESTNET 3 247.25 2,489.77 38.00 2,224.10 76.95 2,000.00 175.66 1,263.51 197.80 66.95 1,558.00 2,122.21 750.00 434.74 7,216.29 5,908.61 38.00 26,880.11 79.44 1,469.24 30.00 780.68 100.00 1,668.03 1,050.96 501.16 1,620.00 412.13 14,529.81 253.34 217.32 370.33 732.00 50.46 517.50 520.40 10,192.59 99.10 784.05 472.82 37.00 396.00 103.18 20.00 550.00 31.11 325.43 57.87 39.50 41.04 457.52 7.92 644.00 34.65 169.91 376.00 72.00 ] TREASURER STATE OF IOWA 5,497.20 TRIPLETT OFFICE ESSENTIAL 407.75 KATHLEEN UNDERWOOD 65.43 UNITED STATES CELLULAR 60.23 VEENSTRA &KIMM INC 31,119.25 VERIZON WIRELESS 35.97 WASTE MANAGEMENT OF IOWA 220.14 WAUKEE ROTARY CLUB 125.00 WAUKEE STATE-PUBLIC WORKS PETTY CASH 200.00 WESTSIDE PARTS &SERVICE 83.90 TOTALS 342,123.64 (8)Mayor's Report:Conducting meeting with councilmen,committees and department heads.Reminded everyone of the Grand Opening for the Library on Aprill2.Former Mayor Mark Leslie and his family will be in attendance.Met with Mark Arentsen and Ann Olsen Schodde of the 2004 Junior Olympics.Track and field events will be held at the Waukee Track Complex in July 2004.Will have meetings with Greater DM Partnership,Mid IA Association of Local Governments,Metro Planning Organization. Hope to fill the council position on 06-03-03 -papers should be back into the council by 5 o'clock on Aprill7. (9)Resolution:Approving Support of Iowans Called to Duty and the Service Member Support Agenda Mike Watts moved to approve.Nick Gruber second.Roll call:Ayes: Watts,Gruber,Peard,Bailey.Nays:None.Motion carried 4 -O. (10)Mayor's Appointment:Appointing William F.(Bill)Peard to the position of Mayor Pro Tempore,Kathy Colson Horner and Chris Berry to Waukee Library Board of Trustees,appointing Tony Oberman as primary representative and William F.(Bill) Peard as alternate representative to the Metropolitan Planning Organization and appointing Mike Watts as council representative to the Planning &Zoning Commission (11)Resolution:Approving appointment of William F.(Bill)Peard as Mayor Pro Tempore Moved to the Consent Agenda and approved. (12)Resolution:Approving appointment of Kathy Colson Horner and Chris Berry to Waukee Library Board of Trustees Moved to the Consent Agenda and approved. (13)Resolution:Approving appointment of Tony Oberman as primary representative and William F.(Bill)Peard as alternate representative to the Metropolitan Planning Organization Moved to the Consent Agenda and approved. (14)Resolution:Approving the recognition of the accomplishments of former Councilman Wayne Johnson Mike Watts moved to approve the resolution.Nick Gruber second.Don Bailey,Jr.,Nick Gruber,Bill Peard and Mike Watts expressed appreciation and respect for Mr.Jolmson's accomplishments as councilman.Roll call: Ayes:Watts,Gruber,Bailey,Peard.Nays:None.Motion carried 4 -O. (15)Resolution:Approving an expression of appreciation for Mayor Pro Tem Bill Peard for exemplary service to the City as interim mayor Mike Watts moved to approve the resolution.Don Bailey,Jr.second.Roll call:Ayes:Watts,Bailey,Gruber,Peard. Nays:None.Motion carried 4 -O. (16)Public Hearing:On the Council's proposal to enter into a General Obligation Essential Corporate Purpose Loan Agreement in a principal amount not to exceed $2,195,000 Mayor Oberman opened the public hearing.No written comments were 4 received prior to the meeting.No one present wished to address the issue during the public hearing.Mayor Oberman closed the public hearing. (17)Resolution:Taking additional action to enter into a General Obligation Essential Corporate Purpose Loan Agreement and fixing a date for public hearing on a General Obligation General Corporate Purpose Loan Agreement Nick Gruber moved to approve.Mike Watts second.Roll call:Ayes:Gruber,Watts,Peard,Bailey.Nays: None.Motion carried 4 -O. (18)Public Hearing:On plans and specifications,proposed form of contract and estimate of cost for construction of the R -22 Sanitary Sewer Improvements for the City of Waukee,Iowa Mayor Oberman opened the public hearing.Written comments were received from the engineer describing the bids in a letter and distributed to the councihnen on 03-31-03.Another copy of this letter was distributed in the packets 04- 04-03.Mike Watts inquired as to the overall project and what the bid package would look like.Engineer Mik Briedis explained the bid package.Mayor Oberman closed the public hearing. (1 SA)Resolution:Approving review of bids for the construction of the R-22 Sanitary Sewer Improvements Project and setting a date for further consideration of such proposals Mike Watts moved to approve the resolution.Nick Gruber second.Roll call: Ayes:Watts,Gruber,Bailey,Peard.Nays:None.Motion carried 4 -O. (19)Public Hearing:On the Sale of the Library Building located at 500 6tb Street Mayor Oberman opened the public hearing.Mr.Arentsen indicated written comments received were in the form ofthree bids submitted to purchase the building.Those bids were:Flaherty Investment Co.,Michael and Paula Terrones,at $150,000;Stephen McCalley,McCalley Funeral Home,at $80,000 to $100,000;and Dehnar and Jacque Ford at $50,000.Nick Gruber opposed to the sale of the property.Mike Watts indicated he felt the Flaherty Investment Co.bid was appropriate in terms of amount and purpose. No one from the audience addressed the issue.Mayor Oberman closed the public hearing. (20)Resolution:Approving the sale of the Library Building located at 500 6tb Street Don Bailey,Jr.moved to approve the resolution.Mike Watts second.Mike Watts,Don Bailey and Bill Peard were interested in selling the building at the highest bid,if the church could be maintained close to its historical roots and if the school could be accommodated for the purpose of kindergarten classrooms.In addition length of time the building would he used as described in the bid proposal was discussed.Mr.Terrones said he would be willing to dialogue with the Council with regard to their concerns. Councihnan Bailey moved to amend his motion so as to postpone consideration of this resolution until the next regularly scheduled meeting so that the council and/or staff could negotiate with Mr.and Mrs.Terrones as to plans and purposes for the building and as to a reverter clause or option to buy back for the City of Waukee,if the purpose for which the building is being purchased should change or if ownership were to be changed.Mike Watts second.Roll call:Ayes:Bailey,Watts,Peard,Gruber.Nays:None.Motion carried 4 -O. (21)Resolution:Approving settlement with Rochon Corporation of Iowa for library paving and roofing Nick Gruber moved to approve this resolution.Don Bailey,Jr. second.There is still a great deal of concern with respect to the bubbling of the shingles. Jim Phillips felt the City had been paying for quality work in the construction of the ) ] I 5 library and wasn't getting it.Linda Mack,Director of the Library,said the contractor has been responsive to our concerns.Don Bailey,Jr.and Mike Watts are concerned that the tal'paper was folded over and shingles laid over it which resulted in the bubbling.Mr. Bailey would like to talk with the roofer and view the repair work on the roofing.Dennis Dowell,Code Compliance Officer,said the shingles did not appear to have been folded over and the worst areas had been repaired by the roofer.Councilmen Peard and Gruber think the felt paper will settle down and not bubble after the hot days of summer.Roll call:Ayes:Gruber,Peard.Nays:Bailey,Watts.Motion defeated 2 -2. (22)Resolution:Approving payment to Rochon Corporation of Iowa in the amount of $62,916.10,the sum of amounts previously withheld from Pay Applications 9,10 and 12 Don Bailey,Jr.moved to approve the resolution.Nick Gruber second.Mark Arentsen addressed the issue by saying that non payment ofthe amount was effecting sub contractors who had worked on parts other than the roof or curbing.Don Bailey,Jr. amended his motion to reflect Mike Watts suggestion to withhold $15,000 from the payment ofthe previously withheld $62,916.10.No one seconded the amended motion. Darlene Stanton,775 South Branch Drive,suggested postponing the decision on this issue and asked the contractor to attend the next meeting so both council and contractor could address the roofing issue.Joe Schmidt,2806 W Ave.,spoke in support of Ms. Stanton's suggestion and added the architect should be included in this meeting.The mayor called for the vote on the original motion.Roll call:Ayes Gruber,Peard.Nays: Bailey,Watts.Motion defeated 2 -2. (23)Resolution:Approving and authorizing sale of surplus library equipment and furniture Mike Watts moved to approve.Nick Gruber second.Roll call:Ayes:Watts, Gruber,Peard,Bailey.Nays:None.Motion carried 4 -O.Linda Mack indicated she wanted the amount received from the sale of the equipment and furniture reserved for the purchase of books and videos for the library.All councilmen agreed the sales receipts should be used for ills purpose. (24)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 from M-1A (Limited Industrial District)to C-1 (Community and Highway Service Commercial District)and amend the Official Zoning Map to show re- zoning (Waukee Development)Mayor Oberman opened the public hearing.No written comments on this item were received prior to the public hearing.No one present wished to address the issue.Mayor Oberman closed the public hearing. (25)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 from M-1A (Limited Industrial District)to C-1 (Community and Highway Service Commercial District)and amend the Official Zoning Map to show re- zoning (Waukee Development)(intro and first reading)Mike Watts introduced the ordinance.Don Bailey,Jr.moved to have the first reading in title only.Nick Gruber second.Roll call:Ayes:Bailey,Gruber,Watts,Peard.Nays:None.Motion carried 4- O.Mark Arentsen read the ordinance in title only. (26)Resolution:Approving 28E Agreement with the City of West Des Moines for joint maintenance of University Avenue between NW 142/ld Street and Waco Place,Waco Place between University Avenue and Ashworth Road and Ashworth Road between 74'"Street (WDM)and Waco Place Nick Gruber moved to approve the resolution. 6 • Mike Watts second.Both Councihnen Gruber and Bailey commended Public Works Director John Gibson for his efforts to cooperate and share road maintenance responsibilities with surrounding communities whenever possible.Roll call:Ayes: Gruber,Watts,Peard,Bailey.Nays:None.Motion carried 4 -O. (27)Resolution:Approving adoption of Addendum III to the Standard Specifications for Public Improvements in the City of Waukee,Iowa Mike Watts moved to approve the resolution.Bill Peard second.Mik Briedis explained briefly that most changes reflected the changes in requirements for insurance,changes in testing and minor changes in language.The document was sent to contractors in the area.No contractor agreed or disagreed with the changes.Roll call:Ayes:Watts,Peard,Bailey,Gruber.Nays:None. Motion carried 4 -O. (28)Resolution:Approving City Council's order of preparation of detailed plans, specifications,notice of hearing,notice to bidders and form of contract for asphalt overlay of Ashworth Road and Warrior Lane /University Avenue Nick Gruber moved to approve.Mike Watts second.Roll call:Ayes:Gruber,Watts,Peard,Bailey.Nays: None.Motion carried 4 -O. (29)Resolution:Approving Detailed plans and specifications,notice of hearing,notice to bidders and form of contract for the asphalt overlay of Ashworth Road and Warrior Lane /University Avenue;and setting April 17,2003 as the date for receipt of bids therefore and setting April 21,2003 as the date for a public hearing thereon Nick Gruber moved to approve.Mike Watts second.Roll call:Ayes:Gruber,Watts,Peard, Bailey.Nays:None.Motion carried 4 -O. (30)Resolution:Approving Concept Plan for Legacy Pointe Mike Watts moved to approve the resolution.Bill Peard second.Discussed TIF financing and the low to moderate income requirement required in the Iowa Code.The Council has the opportunity and should be part of the draft of the Development Agreement.Jeff Ewing from Pella,Iowa with Ewing Land Development and Services and Dave Ruffcorn of the architect finn of Wells,Kastner,and Schipper were present to discuss the development. Joe Schmidt,2806 W Ave.suggested the developer should be commended for presenting the concept plan to P&Z and to the Council so that both could have input in the project from the earliest possible stage of development.Roll call:Ayes:Watts,Peard,Bailey, Gruber.Nays:None.Motion carried 4 -O. (31)Resolution:Approving April 21,2003 as the date for a Public Hearing on designation of the expanded Waukee Urban Renewal Area and on urban renewal plan amendment Nick Gruber moved to approve the resolution.Mike Watts second.Mark Arentsen indicated the consultation meeting was held at 4 0'clock,April 7,2003 as recommended by attorney Bob Josten.None of the impacted parties attended the meeting.Roll call:Ayes:Gruber,Watts,Bailey,Peard.Nays:None.Motion carried 4- O. (32)Resolution:Approving City of Waukee resumption of utility billing and Waukee Taukee publication functions Bill Peard moved to approve the resolution.Mike Watts second.Roll call:Ayes:Peard,Watts,Gruber,Bailey.Nays:None.Motion carried 4- O. (33)Motion:Setting April 21,2003 as the date of a public hearing on an ordinance to amend Chapter 301,Waukee Municipal Code providing for a Schedule of Fees, Ordinance of the City of Waukee,Iowa,by deleting Section 301.31 of said Chapter and I 7 inserting in lieu thereof a revised Section 301.31 Nick Gruber moved to approve the motion.Mike Watts second.Roll call:Ayes:Gruber,Peard.Nays:Watts,Bailey. Motion defeated 2 -2. (34)Resolution:Approving review of bids for the construction of R-22 Sanitary Sewer Improvements Project and setting a date for further consideration of such proposals Moved to l8A and approved. (35)Resolution:Approving appointment of Councilman Mike Watts to replace Wayne Johnson as council representative to the Planning &Zoning Commission Moved to the Consent Agenda and approved. REPORTS:Reports were given by Mark Arentsen,Jody Gunderson,John Gibson,Mile Briedis,Paul Huscher,Bill Peard,Mike Watts,Don Bailey,Jr.,Nick Gruber. Mayor Oberman asked for a motion to adjourn.Nick Gruber moved.Mike Watts second. Ayes:All.Nays:None.Motion carried 4-0. Meeting Adjourned at 8:35 PM. 8