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HomeMy WebLinkAbout2004-03-15-Regular MinutesMARCH 15,2004 IWAUKEECITYCOUNCILMINUTES (1)Call to Order -The regularly scheduled meeting of the Waukee City Council was called to order by Mayor Pro Tern Nick Gruber at 7:12 PM. (2)Pledge of Allegiance (3)Roll Call-The following members were present:Council members Nicholas Gruber, Donald Bailey,Jr.,JeffV.Mertz,Bill Peard and Darlene Stanton.Mayor Oberman absent. (4)Open Fornm -(1)Chuck Tenant,Commander of the VFW Post in Waukee requested permission from the Council to utilize the services of the Public Works Department in trenching an electrical wire from an electrical pole close to the cemetery to the monument installed last year.The monument will be lit from Memorial Day to Veteran's Day.The Council agreed that the city could provide this service and Public Works Director John Gibson will get it done before Memorial Day,weather permitting.(2)Carol Crow of 14407 University Avenue asked about the Channel 7 reruns and updates.Public Works Director J olm Gibson indicated that the first meeting of the Park Board in every month is not a regular meeting;but a workshop.The second meeting of the month is the meeting that is broadcasted on Channel 7.The Planning &Zoning Commission meetings,the Utility committee meetings and the regular Council meetings are also broadcasted. (5)Agenda Approval -Don Bailey,Jr.moved;Bill Peard second to approve the agenda as written.City Administrator Mark Arentsen indicated items 11 and 12 were to be deleted from the agenda.Mayor Pro Tern asked for approval of the agenda as moved by Don Bailey and seconded by Bill Peard with the deletion of items 11 and 12.Voice Vote:Ayes:All Nays:None.Motion carried 5-0. (6)Consent Agenda- A.Approving 02/13/04 and 02/27/04 Payroll and 03-10-04 Bill List B.Approving 03/01/04 Special City Council and Regular City Council Minutes C.Approving Class B Beer Permit for BYKH,Inc.DBA PhiIly's Finest D.Approving purchase of new right of way from the following properties along University Avenue; 1.2,368 sq.ft.of Lot A,Hawthorne Ridge Townhomes an Official Plat from Hawthorne Ridge Townhome Owners Association,Inc.in the amount of$7,520 for land,trees and a temporary easement plus $200 in legal costs,for a total of $7,720, for the purpose of acquiring land prior to widening University Avenue. 2.530 sq.ft.of Lot 7 Southfork Plat No.I an Official Plat from Bruce and Joyce Kalisek in the amount of $2,190 for land,trees and a temporary easement plus $200 in legal costs,for a total of $2,390,for the purpose of acquiring land prior to widening University Avenue. 1 E.Approving Certificate of Completion for the Ashworth Drive Watermain Project Phase I F.Approving Certificate of Completion for the Ashworth Drive Watermain Project Phase II Darlene Stanton moved,Jeff Mertz second to approve all items.Don Bailey,Jr.stated that he had requested some changes to the minutes and had not received them.After a brief discussion,Council member Bailey moved to strike the sentence referencing sidewalk proposals from the minutes for the March 1,2003 minutes.Bill Peard second. Roll call:Ayes:Bailey,Stanton,Mertz,Gruber.Nays:Peard.Motion carried 4 -l. Mayor Pro Tern Gruber asked for the Roll Call to approve the Consent Agenda as modified.Roll call:Ayes:Stanton,Mertz,Bailey,Gruber,Peard.Nays:None.Motion carried 5 -O. Bill List (03-10-04) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL, AMERITAS LIFE INSURANCE CORP MARK ARENT SEN AT&T WIRELESS AWWA-IA SECTION REGION V BANKERS TRUST COMPANY BUILDING &PROPERTY MAINTENANCE ASHLEY BURKHART CHECKPOINT SYSTEMS INC CITY OF DES MOINES CITY OF WAUKEE CITY OF WAUKEE CITY OF WAUKEE COMMERCIAL FEDERAL BANK COMMUNICATIONS WORKERS OF AMERICA COMMUNICATIONS WORKERS OF AMERICA ROBERTA CORNELISON DALLAS COUNTY TREASURER DES MOINES REGISTER DES MOINES WATER WORKS EFTPS ELECTRONIC ENGINEERING CO FAREWAY STORES MADONNA M GARDINIER THE GRINDING COMPANY JODY GUNDERSON HICKORY TECH PAUL E BUSCHER HY-VEE FOOD &DRUG CENTER ICMA RETIREMENT TRUST 457 IOWA DEPT OF NATURAL RESOURCES IOWA METHODIST MED CENTER IOWA STATE UN'IV CONFERENCE IOWA STATE UNIVERSITY IPERS IPERS -POLICE JOHN DEERE HEALTH PLAN INSURANCE ERIN LOWER MADISON NATIONAL LIFE 2 3,087.60 308.50 2,170.51 150.00 116,000.00 1,245.00 57.32 535.20 125.00 2,760.00 634.36 544.36 278.39 261.45 247.65 513.00 10.00 300.00 2,422.80 36,474.17 147.00 800.00 1,781.00 240.00 260.00 2,253.39 2,000.00 67.05 1,932.39 150.00 16.50 530.00 50.00 9,195.53 6,106.69 35,654.84 90.00 866.10 MBNA AMERICA BUSINESS CARD MEDIACOM METLIFE SMALL BUSINESS CENTER MID AMERICAN ENERGY MIDWEST ENERGY ASSOCIATION SCOTT OLSON LARRY J PHILLIPS PRE-PAID LEGAL SERVICES QWEST BETH RICHARDSON JACOB RICHARDSON MITCHELL OR TARA SAMPLES BECKY SCHUETT TIM J SHIELDS JEFF SPENCER TEE'S PLUS SCREEN PRINTING TREASURER STATE OF IOWA TREASURER STATE OF IOWA TREASURER STATE OF IOWA TREASURER STATE OF IOWA KATHLEEN UNDERWOOD UNION PACIFIC RAILROAD UNITED STATES CELLULAR UNITED WAY CENTRAL IOWA UNITED WAY CENTRAL IOWA MARIA UNRUH US POSTAL SERVICE VISA WAUKEE STATE - WAUKEE STATE - WAUKEE STATE - WAUKEE STATE - CHAD WEAVER MARGGIE WEIR CRAIG WERNER TROY WINTERS XENIA RURAL WATER DISTRICT TOTALS BILLS PRESENTED FOR COUNCIL APPROVAL: ADAMS DOOR COMPANY ADVANCE ENGINEERING CORP AMERICAN METER COMPANY ARAMARK UNIFORM SERVICES ARCHITECTS WELLS KASTNER AUDIOVISUAL INC BAKER &TAYLOR BOOKS BAKER COMMUNICATIONS BANKERS TRUST COMPANY BIBLIOGRAPHICAL CENTER FOR RESEARCH BRODERICK ANIMAL CLINIC LINDA BURKHART BUSINESS COMMUNICATIONS BUSINESS PUBLICATIONS C J COOPER &ASSOCIATES INC CAPITAL CITY EQUIPMENT CO CAPITAL SANITARY SUPPLY CARGILL INC-SALT DIVISION PETTY PETTY PETTY PETTY CASH CASH CASH CASH CITY HALL POLICE LIBRARY PUBLIC WORKS 1,174.29 329.80 487.35 15,419.18 450.00 90.00 25.00 44.85 58.48 10.00 57.32 800.00 15.75 1,200.00 20.00 548.82 5,192.68 383.76 15,565.29 6,744.36 64.13 500.00 62.36 40.00 40.00 27.75 960.26 683.84 200.00 127.10 130.53 159.62 70.24 10.00 119.00 10.00 800.00 282,887.56 I ] 184.00 344.50 4,500.00 346.14 390.00 344.50 287.59 319.00 200.00 60.00 410.00 38.13 100.00 240.00 229.00 138.04 43.00 3,182.94 J 3 CARPENTER UNIFORM CO SANDY CASE CENTER POINT PUBLISHING CENTRAL SERVICE &SUPPLY CHANCE UPHOLSTERY &REPAIR SHOP CITY OF CLIVE CITY OF WAUKEE CLASSIC FLORAL &GIFTS COMMERCIAL APPRAISERS OF IOWA INC CRYSTAL CLEAR BOTTLED WATER DALLAS COUNTY NEWS DAN RAITT INC DEATON TRUCK &AUTO DEMCO DES MOINES REGISTER DAVID DEZEEUW DICKINSON MACKAMAN TYLER DORRIAN HEATING &COOLING DRESSER IND -DMD MOONEY ED M FELD EQUIPMENT CO EDM EQUIPMENT CO ELECTRICAL ENGINEERING EQUIP ELECTRONIC ENGINEERING CO ELECTRONIC VIDEO SYSTEMS ENERGY ECONOMICS CYNTHEA EVANS FARM &HOME PUBLISHERS LTD FASTPRO INTERNATIONAL INC BRITTANY FLESHER FORENSIC PRODUCTS INC GENERAL BINDING CORP GENERAL FIRE &SAFETY EQUIP GOVERNMENT FINANCE OFFICE HARPER BRUSH WORKS HAWKEYE TRUCK EQUIPMENT HEARTLAND CO-OP HEIMAN FIRE EQUIPMENT HUMBOLDT MFG CO HYDRO KLEAN HYDRO METERING TECHNOLOGY INDUSTRIAL SUPPLY SOLUTIONS INGRAM LIBRARY SERVICES INTERNATIONAL ASSOCIATION INTERNATIONAL CODE COUNCIL INTERSTATE BATTERY SYSTEM IOWA ASSOCIATION OF MUNICIPAL UTIL IOWA COMMUNITIES ASSURANCE IOWA FIRE EQUIPMENT COMPANY IOWA METHODIST MEDICAL CENTER IOWA ONE CALL IOWA SIGNAL &ELECTRIC CO IWPCA J &M LOCK &KEY SERVICE JUSTICE PLANNING &MANAGEMENT ASSOC SARAH KENNEDY KING TOOL COMPANY LASER CAR WASH 1,165.97 50.00 168.70 317.22 92.50 799.28 4,671.12 42.00 1,000.00 25.85 1,344.53 2,533.56 51.00 244.34 48.75 31.19 448.50 107.90 1,982.70 525.00 742.00 292.80 63.68 30.00 4,582.17 50.00 24.25 111.15 50.00 128.45 27.34 26.00 145.00 131.82 350.38 5,290.21 652.90 192 .24 1,020.00 1,445.72 2'/2.00 1,351.15 75.95 357.23 12.78 5,222.67 85,146.52 192.93 134.75 201.10 256.00 18.00 350.00 175.00 10.88 105.98 17.00 4 LEE ENGINEERS &SURVEYORS 9,127.50 LOGAN CONTRACTORS SUPPLY 747.95 ILINDAMACK97.00 MAINSTAY SYSTEMS INC 220.00 MARTIN MARIETTA AGGREGATE 7,301.82 MATT PARROTT &SONS CO 8.36 MC JUNKIN CORPORATION 2,978.88 BOB MC KINNEY 225.00 MENARDS 167.21 MID AMERICAN ENERGY 2,220.60 MID STATES FORD INC 799.27 MID STATES SUPPLY COMPANY 249.53 MIDWEST ENVIRONMENTAL SERVICES 976.00 MIGHTY TIDY CLEANING 1l0.00 MUNICIPAL SUPPLY 26,879.86 DEVON MURPHY-PETERSEN 15.75 NAPA AUTO PARTS STORE 786.93 NATIONAL WATERWORKS INC 8,958.00 NOGG CHEMICAL &PAPER 461.26 NORTH DALLAS LANDFILL 7,689.00 OFFICE DEPOT 2,691.09 OLSON BROTHERS 551.60 OLSON'S BODY &PAINT 503.71 OMB POLICE SUPPLY 147.36 KATHLEEN OSTRING 90.12 CATHY PAARDEKOOPER 75.00 PEGLOW 1,760.00 PITNEY BOWES 192.62 ]PLUMB SUPPLY COMPANY 34.92 PRAXAIR DISTRIBUTION #440 518.65 PRESS CITIZEN SHOPPER 272.00 PUBLIC SECTOR PERSONNEL 1,406.67 PUCKETT TOOLS &FASTENERS 39.57 PURCHASE POWER 1,019.00 QUALITY ENGRAVED SIGNS 16.87 QUALITY FORD OF WDM 527.44 RED WING SHOE STORE 141.95 KRISTY REYNOLDS 30.00 ROBERTS COMPANY INC 29.00 RS STOVER COMPANY 533.08 BECKY SCHUETT 35.00 SECRETARY OF STATE 30.00 SMITHS SEWER SERVICE INC 255.00 SNYDER &ASSOCIATES INC 531.45 SPRAYER SPECIALTIES INC 27.41 SPRING VALLEY WIRELESS 70.07 STREICHERS 6.95 TIM SULLIVAN 300.00 SUPERIOR SIGNALS INC 233.20 TEAM TWO INC 826.38 LISA TORGERSON 1l.25 TOYNE INC 221.70 TRIPLETT OFFICE ESSENTIAL 273.00 ITRUCKEQUIPMENTINC328.50 UNIVERSAL PRINTING SERVICES 551.75 UNIVERSITY OF IOWA 800.00 UNIVERSITY PHOTO 41.19 5 US ENERGY SERVICES INC 327,425.25 US POSTAL SERVICE 61.00 USA BLUE BOOK 182.60 VAN-WALL EQUIPMENT INC 49.77 VEENSTRA &KIMM INC 41,761.63 VERIZON WIRELESS 25.92 WASTE MANAGEMENT OF IOWA 24,997.62 WAUKEE AUTO WASH 210.00 WAUKEE HARDWARE &VARIE1'Y 636 .48 CHAD WEAVER 239.40 WEST DES MOINES WATER WORKS 112,867.03 TOTALS 729,863.12 (7)Mayor's Report:The mayor's report will not be given this evening. (8)Resolution:Approving purchase of Jon &Carole Olson property,14750 University Avenue in the amount of $125,000 for the purpose of acquiring land as part of the University Avenue Widening Project Council member Stanton moved to approve. Council member Mertz second.Mark Arentsen reminded the council that additional expenses for moving as proscribed in the Iowa Code would be forthcoming from the Olson family.Staff should know the amount later this week or within a week or two. Council member Stanton suggested that there might be ways to recover some ofthe expense such as selling the property or moving it to a city owned lot.Mayor Pro Tern Gruber suggested putting the house up for bids.Mr.Arentsen will look into the possibilities.Roll call:Ayes:Stanton,Mertz,Bailey,Peard,Gruber.Nays:None. Motion carried 5 -O. (9)Resolution:Approving Press Citizen/Shopper as City's official publication Darlene Stanton moved to approve the resolution.Bill Peard second.No discussion.Roll call: Ayes:Stanton,Peard,Mertz,Gruber,Bailey.Nays:None.Motion carried 5 -O. (10)Resolution:Approving City of Waukee Sidewalk Installation Policy and directing development of an ordinance codifying said policy Nick Gruber moved to approve the resolution.Jeff Mertz second.No discussion.Roll call:Ayes:Gruber,Mertz,Stanton, Peard.Nays:Bailey.Motion earned 4 -1.Council member Stanton,before voting, stressed that previous agreements regarding sidewalks should supercede any policy adopted at this time.Although it was not formally added to the motion,the general consensus of the council was to agree with the idea that agreements pre-existing would supercede this policy and other areas such as those without paved roads would not be required to install sidewalks.Carol Crow read a statement summarizing her thoughts with regard to assessments,sidewalks,other public improvements. (11)Resolution:Approving Construction Plans for Williams Pointe Plat 4 This item deleted from the agenda. (12)Resolution:Approving Construction Plans for Williams Pointe Plat 6 This item deleted from the agenda. (13)Resolution:Terminating interest of Michael and Paula Terrones,if any,in the property known as the old Waukee Public Library located at 500 6'"Street,Waukee, Iowa Don Bailey,Jr.moved to approve the resolution.Bill Peard second.Mark Arentsen stated that City Attorney Paul Huscher indicated that payment of damages could be requested ofthe Ten-ones.Attorney Huscher said there were two ways oflooking at this situation:(1)one way would be that the Ten-ones are in breach of contract and as such the city could file for damages or (2)Notice of forfeiture could be filed whereby the Terrones would be required to act within thirty days or they would forfeit any claim to 6 the property they might have.The safest way to reclaim the property is to serve Notice of Forfeiture.Council member Bailey indicated that his motion was approving the forfeiture of the contract agreed upon by City and Mr.and Mrs.Terrones.Further discussion included a suggestion by Council member Stanton that the city secure earnest money of$5,000 instead of$500,when in such situations again.Roll call:Ayes:Bailey, Peard,Mertz,Stanton,Gruber.Nays:None.Motion carried 5 -O. (14)Resolution:Approving V&K proposal to update the Major Street Plan for the City of Waukee Jeff Mertz moved to approve the resolution.Darlene Stanton second.Mayor Pro Tern Gruber indicated that the Community Development Committee had requested this update be completed due to the number of individuals wanting to develop the surrounding area.It is important for the City to have the maj or streets identified and planned as to location and type.Roll call:Ayes:Mertz,Stanton,Gruber,Bailey,Peard. Nays:None.Motion carried 5 -O. (15)Pnblic Hearing:On an ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by rezoning and changing certain property therein from A-I (Agricultural District)to R-l (Single Family Residential District);and then from R-l (Single Family Residential District)to PD-l (Planned Development Overlay District);and amend the official zoning map to show rezoning (to be known as Painted Woods subdivision)Mayor Pro Tern Gruber opened the public hearing.Mark Arentsen stated that the City had not received any written comments concerning this re-zoning.Bob Gibson from Arterra Group presented information on this project.The property is 46 acres and about a third of the way to the Interstate.The development proposal is 42 lots about an acre per lot.It will be an upscale development of$100,000 and up homes.It will be an exclusive somewhat separate development to the east ofR-22.The covenants of the development will regulate land use,construction of individual homes,and inclusion ofthe lots lying in the FEMA flood plain with the corresponding lot outside the flood plain.Council member Stanton raised several questions regarding development issues that have been discussed but not fmalized.It was agreed that most issues will be resolved and finalized by the second reading.Mayor Pro Tern Gruber closed the public hearing. (16)Ordinance:Approving an ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by rezoning and changing certain property therein from A-I (Agricultural District)to R -1 (Single Family Residential District);and then from R-l (Single Family Residential District)to PD-l (Planned Development Overlay District);and amend the official zoning map to show rezoning (to be known as Painted Woods subdivision)Council member Jeff Mertz introduced the ordinance.Don Bailey,JI.moved to have the first reading in title only. Darlene Stanton seconded the motion.Brief discussion with respect to the sewer easement.Roll call:Ayes:Bailey,Stanton,Mertz,Gruber,Peard.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (17)Ordinance:Approving an ordinance to repeal Chapter 222 of the Muncipal Code of the City of Waukee,Iowa and to adopt by reference a building code regulating the erection,construction,enlargement,alteration,repair,moving,removal,conversion, demolition,occupancy,equipment,use,height,area and maintenance of buildings and structures,including installation of mobile,manufactured and modular homes;to provide for the issuance of permits and collection of fees;and to provide penalties for ] I 7 violations.(Introduction and first reading)Jeff Mertz introduced the ordinance, Darlene Stanton moved to have the first reading in title only.Bill Peard second.Council member Bailey asked if businesses had been notified of the proposed change.Dennis Dowell stated that we have begun to notify developers and will continue notification until all concerned parties are notified.City Attorney Huscher indicated a reference had to be included in this ordinance and would be by the second reading.Roll call:Ayes:Stanton, Peard,Mertz,Bailey.Gruber.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (18)Ordinance:Approving an ordinance amending Chapter 803,Waukee Municipal Code,by adding amendments to the International Fire Code of 2003 that will require new standards,and placing said amendments in lieu of the indicated sections within the 2003 International Fire Code (Introduction and first reading)Darlene Stanton introduced the ordinance.Jeff Mertz moved to have the first reading in title only.Bill Peard second.Roll call:Ayes:Mertz,Peard,Stanton,Bailey,Gruber.Nays:None. Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (19)Ordinance:An ordinance to amend Chapter 207,by deleting all of Chapter 207 and inserting lieu thereof substituted Chapter 207 Waukee Municipal Code,providing for the establishment,powers and duties of a Park and Recreation Board,including terms,policies,rules and procedures for the Board,and providing for appeals and amendments by resolution of the Council.(Introduction and first reading)Darlene Stanton introduced the ordinance.Don Bailey,Jr.moved to have the first reading in title only.Bill Peard second.It was agreed by council members that Section 207(A)(1-3)be revised to reflect appontment of board members by the mayor as occurs in other committees,commissions and boards.This will be revised prior to the second reading. Roll call:Ayes:Bailey,Peard,Gruber,Stanton,Mertz.Nays:None.Motion carried 5 - O.Mark Arentsen read the ordinance in title only. (20)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 cos (Conservation and Open Space District)to R-2 (One and Two Family Residential District);and amend the Official Zoning Map to show re-zoning (to be known as Spyglass Subdivlsionjtsecond reading)Darlene Stanton moved to have the second reading in title only.Jeff Mertz second.Council member Stanton asked about the southern extension -streets adjoining the property. Brief discussion.Roll call:Ayes:Stanton,Mertz,Bailey,Gruber,Peard.Nays:None. Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (21)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)to C-1 (Community and Highway Service Commercial District);and amend the Official Zoning Map to show re-zoning (Also known as land additions to Mid States Ford)(second reading) Darlene Stanton moved to have the second reading in title only.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz,Gruber,Peard,Bailey.Nays:None.Motion carried 5 -O. Mark Arentsen read the ordinance in title only. (22)Discussion:On use of gravel as hard surface material on parking areas outside of regular driveways City Administrator Mark Arentsen introduced this discussion.The Municipal Code reference for this discussion is §40l.Attomey Paul Huscher clarified 8 that 'hard'surface is not mentioned in this ordinance;rather,the ordinance requires a 'surface'as opposed to grass only.Several council members indicated that 'hard'surface meant not gravel;but cement or asphalt.Mayor Pro Tem Gruber indicated he was in favor of requiring gravel pads where gravel is the content of the driveway and cement or asphalt where those materials are used for the driveway.Council member Bailey is concerned with the amount of government involvement in people's lives and feels that this issue does not take into consideration individual family situations such as those families with a number of teen-age children.Council member Stanton raised several questions concerning the type of material,location and number of vehicles to be parked in the yard.Council member Mertz indicated that during the last election campaign he had knocked on about 1,000 doors and out ofthat number 30 or 40 property owners mentioned their concern about vehicles being parked in the yards.Council member Stanton also indicated this was an issue of concern to community members who had called her,Jerry Crow of 14407 University Avenue spoke concerning this issue from the audience.The council determined this was an issue that would not be resolved in one or two meetings.Further discussion and brainstorming will take place. ) REPORTS:Mark Arentsen,Jody Gunderson,Chad Weaver,Dennis Dowell,John Gibson,Mik Briedis,Darlene Stanton and Nick Gruber. At this time Mayor Pro Tern Gruber asked for a motion to adjourn.Jeff Mertz moved. Bill Peard second,Ayes:All.Nays:None.Motion carried 5-0. Meeting Adjourned at 8:50 PM.I Attest: Mark J.Arentse ,C y Administrator/Clerk J 9