HomeMy WebLinkAbout2003-06-02-Regular MinutesWAUKEE CITY COUNCIL MINUTES
JUNE 2,2003
(1)Call to Order -The regularly scheduled meeting ofthe Waukee City Council was
called to order by Mayor Tony Oberman at 7:00 PM.
(2)Pledge of Allegiance
(3)Roll Call-The following members were present:Mayor Tony Oberman,and
Council members Nicholas Gruber,Donald Bailey,Jr.,Mike Watts and Bill Peard.
(4)Open Forum -Waukee Police Sergeant Greg Breuer,his wife and two
children were present to thank the Waukee Fire Department for their quick action
when called to their home to fight a home fire.They also wanted to thank the
Clive Fire Department for responding when called by Chief Sesker,The Clive
Fire Department brought with them a thermal imaging camera,which pictured the
more intense "hot spots"of the fire.Knowing where those were located,the
firemen were able to aim their hoses toward that area;consequently minimizing
the damage caused by water being sprayed indiscriminately and for a long period
of time.Sergeant Breuer and his family presented a check to the Waukee Fire
Department in appreciation of their efforts and in hopes that the Fire Department
would be able to buy a thermal imaging camera soon.
(5)Agenda Additions /Approval-Mayor Oberman asked to move Item 32 to 19A.
Mayor Pro Tern Peard moved;Councilman Gruber second to approve the agenda as
amended.Ayes:All.Nays:None.Motion carried 4-0.
(6)Consent Agenda-
A.Approving 05-15-03 Payroll &05-28-03 Bill Lis
B.Approving 05-19-03 City Council Minutes
C.Approving Change Order No.I for Communications Technology,Inc.in the amount
of $4,992.00 resulting in a total cost thus far of $98,356.00
D.Approving Pay Application No.2 for Communications Technology,Inc.in the
amount of $4,742.40
C.Approving Alcoholic Beverages Outdoor Service Area for Lucila Corporation DBA
Los Tres AmigosResolution:
E.Resolution:Approving renewal oflease agreement with Lino's
F.Resolution:Approving Blacktop Service Co.as the low bidder for the Annual Seal
Coating for city streets and park road
G.Resolution:Approving the purchase of a walk behind trencher /plow
H.Resolution:Approving the purchase of a Case LoaderlBackhoe with trade-in
Councihnen Nick Gruber moved,Don Bailey,Jr.second to approve all items.
Councilman Bailey discussed payment ofthe Utility office printer,recently purchased
and suggested that the money should come from the utility funds in the same proportion
that revenue comes in to the utility funds.Roll call:Ayes:Gruber,Bailey,Watts,Pcard,
Nays:None.Motion carried 4-0 with one council seat vacant.
Bill List (as of May 29,2003)
CHECKS ISSUED PRIOR TO COUNCIAL APPROVAL
CITY OF WAUKEE
CITY OF WAUKEE
COMMUNICATIONS WORKERS OF AMERICA
DAN DAVIS
DAVID DEZEEUW
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06/02/03:
1,430.00
431.96
244.44
60.00
142.99
MARK DUINKERKEN
EFTPS
GREATER DES MOINES PARTNERSHIP
JAKE HOCHENBERRY
J &M DISPLAYS INC
SCOTT KERR
DAVID KOPP
DAVID KOPP
DICK MUNOZ
SHERI PETERS
SHERI PETERS
PRE-PAID LEGAL SERVICES
SAM'S CLUB
LISA TORGERSON
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
UNITED WAY CENTRAL IOWA
MARIA UNRUH
WAYNE MANUFACTURING CO LC
TROY WINTERS
SCOTT WRIGHT
TOTALS
UNPAID BILLS PRESENTED FOR APPROVAL
ALLEGRA
ALLIED SYSTEMS INC
AMERA-CHEM INC
AMERITAS LIFE INSURANCE CO
ANNEAR EQUIPMENT INC
ARAMARK UNIFORM SERVICES
MARK ARENTSEN
LINDA BURKHART
BUSINESS COMMUNICATIONS
AMBER CARAVAN
CARPENTER UNIFORM CO
CHANCE UPHOL &REPAIR SHOP
CIGMA LLC
CLEMENT COMMUNICATIONS
COUNTRY CLINIC
CRYSTAL CLEAR BOTTLED WATER
DES MOINES INDUSTRIAL PRODUCTS
EDM EQUIPMENT CO
ELECTRONIC ENGINEERING CO
ENERGY ECONOMICS
FASTPRO INTERNATIONAL INC
FESLERS INC
GREATER DES MOINES PARTNERSHIP
JODY GUNDERSON
PAUL E BUSCHER
HYDRO KLEAN
INDUSTRIAL SALES COMPANY
INTERSTATE COMPANIES INC
IOWA ONE CALL
IOWA STATE UNIVERSITY TREASURER
JOHN DAY COMPANY
JOHN DEERE HEALTH PLAN INSURANCE
JONES LIBRARY SALES INC
30.00
18,133.98
245.00
30.00
7,500.00
60.00
30.00
30.00
30.00
30.00
30.00
44.85
748.60
25.00
3,827.29
244.90
5,424.79
35.00
7.37
413.56
10.00
17.00
39,256.73
06/02/03,
377.16
901.80
39.95
2,950.80
145.65
173.12
250.00
29.88
1,130.00
200.00
492.13
174.00
200.57
147.94
102.00
20.40
356.79
263.47
52.00
580.59
48.69
48.44
8,750.00
250.00
2,000.00
1,399.44
2,123.97
139.00
265.00
10.00
12.55
27,818.88
3,036.00
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KINKO'S INC
KOCH BROTHERS
LANDS END BUSINESS OUTFIT
LOGAN CONTRACTORS SUPPLY
MADISON NATIONAL LIFE
MANATTS
RONALD MARR
MARTIN MARIETTA AGGREGATE
MBNA AMERICA BUSINESS
MENARDS
MERRITT COMPANY INC
METLIFE SMALL BUSINESS CENTER
MID AMERICAN ENERGY
MID IOWA SALES COMPANY
MIDWEST ENVIRONMENTAL SERVICE
MIDWESTERN CULVERT LTD
MOMAR
MUNICIPAL SUPPLY
NAPA AUTO PARTS STORE
NATIONAL WATERWORKS INC
NETWORKS INC
NEWMAN TRAFFIC SIGNS
NOGG CHEMICAL &PAPER
OFFICE DEPOT
OMB POLICE SUPPLY
ORKIN PEST CONTROL
PIN OAK GALLERY
PLUMB SUPPLY COMPANY
QUALITY FORD OF WDM
QWEST
RED WING SHOE STORE
ROAD MACHINERY &SUPPLIES
RS STOVER COMPANY
DOUGLAS SANDVIG
SMITHS SEWER SERVICE INC
SNYDER &ASSOCIATES INC
STANDARD BEARINGS
SUN TURF INC
SUPERIOR SIGNALS INC
TESTNET
TREASURER STATE OF IOWA
TRIPLETT OFFICE ESSENTIALS
UNITED STATES CELLULAR
VAN-WALL EQUIPMENT INC
VEENSTRA &KIMM INC
VERIZON WIRELESS
VISA
WALNUT TOWNSHIP
WASTE MANAGEMENT OF IOWA
WAUKEE AUTO WASH
WAUKEE OUTDOOR POWER EQUIPMENT
MARGGIE WEIR
WOOD SHEET METAL COMPANY
ZIEGLER INC
TOTALS 142,215.31
(7)Mayor's Report:The mayor attended the Waukee Chamber of Commerce Breakfast
100.00
77.81
184.95
211.90
794.17
3,091.64
30.00
1,753.23
504.65
15.87
249.00
427.45
12,998.09
93.20
528.00
1,269.80
506.72
2,052.80
301.16
10.59
788.86
287.00
257.49
5,390.10
521.19
37.00
109.15
224.22
274.15
58.31
170.00
205.20
21.09
2/040.00
340.00
504.00
147.75
217.25
389.70
20.00
300.00
273.50
71.93
13,598.00
31,248.99
30.95
797.72
2,000.00
210.66
210.00
65.95
10.00
1,490.00
213.90
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Before Business at the Hardware Store;met with Mark Wandro,Director of the DOT and
John Sehner,assistant director for this region of the Iowa DOT regarding the Alice's
Road Interchange;attended the Town Meeting with Congressman Tom Latham,ribbon
cutting for Los Tres Amigos and groundbreaking for Jesus Christ Church of Latter Day
Saints.
(8)Receive /File:Discussion of alcohol liability insurance Mike Watts moved to
receive and file.Don Bailey,Jr.second.Mark Cunie,insurance representative for the
City was present to discuss the city's liability in alcohol related incidents.The city is a
member of the Iowa Community Assurance Pool Program which does not have a liquor
liability exclusion.The city might have Errors and Omission exposure when approving a
license if the background check had not been thorough.The insurance company would
defend the city in that instance.The city is subject to general liability in most instances.
Organizations such as the JayCees would be subject to strict or higher liability when
selling alcoholic beverages and would have a greater responsibility for any alcoholic
related safe environment incidents.Discussion related to specific incidents continued.
Roll call:Ayes:Watts,Bailey,Gruber,Peard.Nays:None.Motion carried 4 -0 with
one council seat vacant.
(9)Receive I File:Reviewing the Urban Design and Land Use Workbook for the Metro
West Corridor (Alice's Road)Councilman Mike Watts moved to approve receive and
file of this document.Nick Gruber second it.Roll call:Ayes;All;Nays:None.Motion
carried 4 -0 with one council seat vacant.City Planner Bill Ludwig was in attendance to
answer any questions concerning the workbook.Jody Gunderson,Community
Development Director suggested that changes will be completed in the workbook.Roll
call:Ayes:Watts,Gruber,Peard,Bailey.Nays:None.Motion carried 4 -0 with one
council seat vacant.
(10)Resolution:Approving Petition,Contract and Waiver Agreement with Warren
Hunsberger,Charles Gabus and Frank Scaglione with respect to the R22 Sanitary
Sewer Improvements Project Bill Peard moved to approve the resolution.Mike Watts
second.Don Bailey,Bill Peard,Nick Gruber and Mike Watts addressed the issue.
Warren Hunsberger and Frank Scaglione were present.Mr.Hunsberger explained the
potential for development on his families'approximately 155 acres.Attorney Bob Josten
discussed the agreement with the council and assured them that the developers had
agreed to a method for payment and that they agreed to forego the right to a hearing on
the resolution of necessity with respect to future improvements.All councilmen
expressed their appreciation for the support and commitment of the three developers with
property along R22 and with all property owners along R22.Roll call:Ayes:Peard,
Watts,Bailey,Gruber,Nays:None.Motion carried 4 -0 with one council seat vacant.
(11)Resolution:Finally approving and confirming detailed plans,specifications,
estimate of cost and form of contract for the R22 Sanitary Sewer Improvements Project
Bill Peard moved to approve.Mike Watts second.Roll call:Ayes:Peard,Watts,Bailey,
Gruber,Nays:None.Motion carried 4 -0 with one council seat vacant.
(12)Resolution:Approving Awarding Contract for R22 Sanitary Sewer Improvements
Project Bill Peard moved to approve the resolution awarding contract I with alternate 1
and 2 to Van Hauen &Associates and contract 2 to The Underground Company.Mike
Watts second Roll call:Ayes:Peard,Watts,Gruber,Bailey.Nays:None.Motion
carried 4 -0 with one council seat vacant.
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(13)Resolution:Approving Proposal submitted by Grimes Asphalt and Paving Corp.to
asphalt pave the trail in Centennial Park on west side of Ashwortlt Drive from south of
footballfield to University Ave.Mike Watts moved to approve.Don Bailey,Jr.second.
Roll call:Ayes:Watts,Bailey,Gruber,Peard.Nays:None.Motion carried 4 -0 with
one council seat vacant.
(14)Resolution:Approving the ordering of detailed plans,specifications,notice of
hearing,notice to bidders and form of contract for the Ashworth Drive Water Main
Improvements -Phases I &II Mike Watts moved to approve the resolution.Nick
Gruber second.Roll call:Ayes:Watts,Gruber,Bailey,Peard.Nays:None.Motion
carried 4 -0 with one council seat vacant.
(15)Resolution:Approving detailed plans and specifictuions for the Ashworth Drive
Water Main Improvements -Phases I &II,notice of hearing,notice to bidders and
form of contract;and setting 06-27-03 as the date for receiving bids therefore and
setting 07-07-03 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 earned 4 -0 with one council seat vacant.
(16)Resolution:Approving Preliminary Plat for Williams Pointe Plat 2 Mike Watts
moved to approve the resolution.Don Bailey moved to second.Discussion regarding the
park,access to the park,land acquisition for the park and grading issues ofthe land in the
park,Nick Gruber suggested placing in the agreement a requirement that the park be
graded appropriately for a park.Bill Byers of 1270 88th Street,owner ofthe land for the
proposed park,discussed his commitment to furnishing park land at an agreed upon price
and ensuring the grading of the land in the park will be adequate.Size and location of the
park were discussed.Staff will provide the council with a composite drawing of the
proposed park.Roll call:Ayes:Watts,Peard,Gruber.Nays:Bailey.Motion carried 3 -
1 with one council seat vacant.
(17)Resolution:Approving Construction Plans for Williams Pointe Plat 2 Nick
Gruber moved to approve the resolution Mike Watts second.Park land will be
purchased as soon as possible and within the time frame requested by Mr.Byers.Roll
call:Ayes:Gruber,Watts,Peard,Bailey.Nays:None.Motion carried 4 -0 with one
council seat vacant.
(18)Resolution:Approving Site Plan for Williams Pointe Townhomes II Mike Watts
moved to approve.Don Bailey,Jr.second.No discussion.Roll call:Ayes:Watts,
Bailey,Gruber,Peard.Nays:None.Motion carried 4 -0 with one council seat vacant.
(19)Resolution:Approving the Preliminary Plat for Legacy Pointe Mike Watts moved
to approve.Bill Peardsecond,No discussion.Roll call:Ayes;Watts,Peard,Peard,
Bailey.Nays:None.Motion carried 4 -0 with one council seat vacant.
(19A)Resolution:Approving Development Agreement for Legacy Pointe Mike Watts
moved to approve.Nick Gruber second.Jeff Ewing,Ewing Land Development and
Surveying present to discuss the complex being developed.Brief discussion with respect
to the project and discussion of costlbenefit study.Mr.Ewing indicated to Council that
working with the staff and council has been very pleasant.Roll call:Ayes:Watts,
Gruber,Peard,Bailey.Nays:None.Motion carried 4 -0 with one council seat vacant.
(20)Resolution:Approving the Site Plan for Latter Day Saints Church Don Bailey,Jr.
moved to approve the resolution.Mike Watts second.Doug Saltzgaver,architect for the
project,discussed the height of the steeple and requested the council approve the variance
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from the code.Nick Gruber moved to amend the motion by approving the height of the
steeple.Don Bailey second.Brief Discussion.Roll calIon the amendment to the
motion:Ayes:Gruber,Bailey,Watts,Peard.Nays:None.Motion carried 4 -0 with one
council seat vacant.Roll call on the main motion now amended:Ayes:Bailey,Watts,
Peard,Gruber,Nays:None.Motion carried 4 -0 with one council seat vacant.
(21)Resolution:Approving Concept Plan for Berryington Lake Nick Gruber moved to
approve.Don Bailey,Jr.second.Bill Ludwig,land designer for the Burt Family and Mr.
Bradley Burt were present.Mr.Ludwig discussed the proposed development.Access
from the west was limited close to the interstate because of the topography of the land.It
could be changed in future development.Multi-family housing was included as part of
the design for this land showing a mix of commercial and residential along the interstate
corridor.Nick Gruber indicated that the project should be taken to Washington,DC to
show representatives and lobbyists the potential and the seriousness of development in
the area.Roll call:Ayes:Gruber,Bailey,Peard,Watts.Nays:None.Motion carried 4-o with one council seat vacant.
(22)Resolution:Approving Final Plan for Waukee Medical Park Mike Watts moved
to approve.Don Bailey,Jr.second the motion.Brief Discussion.Roll call:Ayes:Watts,
Bailey,Peard,Gruber.Nays:None.Motion carried 4 -0 with one council seat vacant.
(23)Ordinance:Approving an Ordinance to amend Chapter 111,Section 111.3,
Waukee Municipal Code,Records,Retention,to provide for a change in procedure
when retaining or destroying records by deleting "Section 111.3"and by inserting in
lieu thereof,a new "Section 111.3"(intro and first reading)Mike Watts introduced the
ordinance.Nick Gruber moved to have the first reading in title only,waive the 2nd and
3'd readings and place on final passage.Don Bailey,Jr.second.Roll call:Ayes:Gruber,
Bailey,Watts,Peard.Nays:None.Motion carried 4 -0 with one council seat vacant.
Mark Arentsen read the ordinance in title only.Mayor Obenuan declared the ordinance
passed and duly adopted.
(24)Ordinance:Approving an Ordinance to amend Chapter 111,Section 111.4,
Waukee Municipal Code,Petty Cash Fund,to provide for:(1)an increased number of
petty cash funds;(2)the maximum fund available for disbursement in each petty cash
fund;(3)language to be added which reflects the increased number of petty cash
funds;(4)language to be added which reflects changes in procedure;by deleting
"Section 111.4"and by inserting in lieu thereof,a new "Section 111.4"(intro and first
reading)Mike Watts introduced the ordinance.Nick Gruber moved to have the first
reading in title only,waive the 2nd and 3rd readings and place on [mal passage.Don
Bailey,Jr.second the motion.Roll call:Ayes:Gruber,Bailey,Watts,Peard.Nays:
None.Motion carried 4 -0 with one council seat vacant.Mark Arentsen read the
ordinance in title only.Mayor Oberman declared the ordinance passed and duly adopted.
(25)Ordinance:Approving an ordinance to amend Chapter 111,Section 111.5,
Waukee Municipal Code,Purchasing Quotations,to provide for an increase in the
dollar amount for purchase of an item before quotations must be secured by deleting
"all purchase over ($500.00)"thereof and inserting in lieu thereof the words,"all
purchases over $5,000.00";so that the first sentence reads:"All purchases over
$5,000.00 shall be made after securing quotations."(intro and first reading)Mike
Watts introduced the ordinance.Don Bailey,jr.moved to have the first reacling in title
only.Nick Gruber second the motion.Roll call:Ayes:Bailey,Gruber,Watts,Peard.
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Nays:None.Motion carried 4 -0 with one council seat vacant.Mark Arentsen read the
ordinance in title only.
(26)Ordinance:Approving an ordinance to amend Chapter 111,Section 111.6,
Waukee Municipal Code,Bidding-Major Contracts,to provide for an increase in the
amount necessary before seeking council approval for entering into a contract by
deleting "if amounting to $5,000.00"thereof and inserting "if equal to or more than
that dollar amount identified in Section 384.96 of the Iowa Code,which once exceeded
requires that the city advertise for sealed bids"in lieu thereof;so that the first sentence
reads:"Contracts for consulting services,for such services as water main,sewer and
sanitary work,street and utility construction by contract and large equipment shall be
placed before the council,if equal to or more than that dollar amount identified in
Section 384.96 of the Iowa Code,which once exceeded requires that the city advertise
for sealed bids,except for emergencies endangering the public health or safety."(intro
and first reading)Don Bailey,Jr.introduced this ordinance.Nick Gruber moved to
have the first reading in title only,waive the 2nd and 3rd readings and place this ordinance
on its final passage.Mike Watts second the motion.Brief Discussion.Roll call:Ayes:
Gruber,Watts,Peard,Bailey.Nays:None.Motion carried 4 -0 with one council seat
vacant.Mark Arentsen read the ordinance in title only.Mayor Oberman declared the
ordinance passed and duly adopted.
(27)Ordinance:Approving an ordinance to amend Chapter 111,Waukee Municipal
Code,Responsibilities for City Officers and the Finances and Records of the City,to
provide for a change in procedure and responsibilities for city officers in the finances
of the city by deleting from said Chapter,Section 111.7,Purchasing-Order,thereof and
renumbering each section thereafter in numerical consecutive order (intro and first
reading)Mike Watts introduced the ordinance.Nick Gruber moved to have the first
reading in title only,waive the 2nd and 3rd readings and place this ordinance on its fmal
passage.Bill Peard second.Brief Discussion.Roll call:Gruber,Peard,Watts,Bailey.
Nays:None.Motion carried 4 -0 with one council seat vacant.Mark Arentsen read the
ordinance in title only.Mayor Oberman declared the ordinance passed and duly adopted.
(28)Ordinance:Approving an ordinance to amend Chapter 111,Section 111.8,
Waukee Municipal Code,Authorizations to Expend,to provide for a change in
procedure when the finance officer authorizes an expenditure by deleting in the first
sentence thereof the words,"whether a purchase order may be issue by checking."
(intro and first reading)Mike Watts introduced this ordinance.Nick Gruber moved to
have the first reading in title only and waive the 2nd and 3rd readings and place this
ordinance on its fmal passage.Don Bailey,Jr.second this motion.Roll call:Ayes:
Gruber,Bailey,Peard,Watts.Nays:None.Motion carried 4 -0 with one council seat
vacant.Mark Arentsen read the ordinance in title only.Mayor Oberman declared the
ordinance passed and duly adopted.
(29)Ordinance:Approving 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 inserting in lieu thereof a revised Section
301.31 (second reading)Don Bailey moved to have the second reading in title only.
Nick Gruber second.Roll call:Ayes:Bailey,Gruber,Peard,Watts.Nays:None.
Motion carried 4 -0 with one council seat vacant.Mark Arentsen read the ordinance in
title only.
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(30)Ordinance:Approving an ordinance to amend Cltapter 225.2,Subsection K,
Performance Bond,Waukee Municipal Code,to provide tltat a surety or caslt bond
sltall be filed witlt tlte city for restoration of areas within tlte rigltt of way and on utility
easements by deleting from tlte heading tltereof and from said section tlte words,
"performance bond"and inserting in lieu thereof the words,"surety bond or caslt
bond"and by adding to said section tlte words "A caslt bond sltall belteld for 90 days
after date of completion".(second reading)Nick Gruber moved to have the second
reading in title only and waive the third reading and place tins ordinance on its final
passage.Don Bailey,Jr.moved to second this motion.Roll call:Ayes:Gruber,Bailey,
Watts,Peard.Nays:None.Motion carried 4 -0 with one council seat vacant.Mark
Arentsen read the ordinance in title only.Mayor Oberman declared the ordinance passed
and duly adopted.
(31)Ordinance:Approving an ordinance to amend §304.5(M),Waukee Municipal
Code,Cltapter 304,Site Plan Requirements oftlte City of Waukee,Iowa,by modifying
the second sentence oftlte first paragraplt tltereof,so tit at it reads:"Documentation to
be submitted sltall include color building elevations sit owing the building's design on
all sides and a description of structural and exterior materials to be used."(tltird
reading)Nick Gruber moved to have the third reading in title only and place this
ordinance on its fmal passage.Don Bailey,Jr.second.Roll call:Ayes:Gruber,Bailey,
Watts,Peard.Nays:None.Motion carried 4 -0 with one council seat vacant.Mark
Arentsen read the ordinance in title only.Mayor Oberman declared the ordinance passed
and duly adopted.
(32)Resolution:Approving Development Agreement for Legacy Pointe This item was
moved to 19A.
REPORTS:Reports were submitted by Mark Arentsen,Jody Gunderson,Dennis
Dowell,Linda Burkhart,Chad Weaver,John Gibson,Mile Briedis,Bill Peard,Mike
Watts,Don Bailey,Nick Gruber.
At this time Mayor Oberman asked for a motion to adjourn.Nick Gruber moved to
adjourn.Mike Watts second.Ayes:All.Nays:None.Motion carried 4-0.
Meeting Adjourned at 9:05 PM.
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