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Home My WebLink About2004-04-05-Regular MinutesWAUKEE CITY COUNCIL MINUTES APRIL 5,2004 I (1)Call to Order -The regularly scheduled meeting ofthe Waukee City Council was called to order by Mayor Oberman at 7:00 PM. (2)Pledge of Allegiance (3)Roll Call-The following members were present:Tony Oberman,Mayor,and Council members Nicholas Gruber,Donald Bailey,Jr.,JeffV.Mertz,Bill Peard and Darlene Stanton. (4)Open Forum -No one present wished to address the council on an issue not on the agenda. (5)Agenda Approval-Item No.19 was moved to Item 7A to accommodate Park Board members.Jeff Mertz moved;Darlene Stanton seconded to approve the agenda as modified.Roll call:Ayes:Mertz,Stanton,Peard,Gruber,Bailey Nays:None.Motion carried 5-0. (6)Consent Agenda- A.Approving 03-15-04 Payroll &04-01-04 Bill List B.Approving 03-15-04 and 03-19-04 City Council Minutes C.Approving Pay Estimate in the amount of$I21,180.67 for Iowa Signal and Electric Co.for the Hickman Rd Street Lighting Project Phase II D.Resolution:Approving NPDES Storm Water Phase II Permit Application E.Resolution:Approving Lions Club 5-way stop for the Raccoon Valley Humane Society of Dallas County on Saturday,April 17 F.Resolution:Approving purchase agreement for other considerations including landscaping and grading for $1200 and temporary easement of $100 for the property located in Lot 4,Southfork Plat NO.1 an Official Plat owned by Roger &Diane Humphrey for the purpose of hauling,transporting and storage of materials and equipment during construction of the University Avenue Widening Project,No.STP- U-8177(604)-70-25 Don Bailey,Jr.moved;Nick Gruber second to approve all items.Roll call:Ayes: Bailey,Gruber,Stanton,Peard,Mertz.Nays:None.Motion carried 5-0. Bill List (03-31-04) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL: AWWA-IA SECTION REGION V JULIE CADAM CITY OF WAUKEE CITY OF WAUKEE COMMERCE-CENSUS COMMUNICATIONS WORKERS OF AMERICA CONSECO FINANCE DALLAS COUNTY TREASURER EFTPS IOWA CONCRETE CUTTING IOWA SECTION AMERICAN WATER WORKS JACOBS GYMNASTICS MATT &CHANEY KURTZ BRUCE LYNCH TROY MAPES MID AMERICAN ENERGY DEVON MURPHY-PETERSEN 150.00 20.27 1,350.00 609.38 78,852.00 247.65 28.01 5.00 17,847.06 150.00 120.00 50.00 100.00 100.00 20.00 6,135.65 30.00 I 1 AWWA-IA SECTION REGION V GREGORY BREUER CITY OF WAUKEE CITY OF WAUKEE COMMUNICATIONS WORKERS OF AMERICA DALLAS COUNTY RECORDER EFTPS GREATER DES MOINES PARTNERSHIP ICMA RETIREMENT TRUST 457 IOWA MUNICIPAL FINANCE IPERS -POLICE IPERS TROY MAPES JON &CAROLE OLSON JON &CAROLE OLSON LARRY J PHILLIPS SAM'S CLUB TREASURER STATE OF IOWA UNITED WAY CENTRAL IOWA US POSTAL SERVICE US POSTAL SERVICE WAL-MART COMMUNITY WAUKEE STATE-PW PCASH WAUKEE STATE-PW PCASH WELLS FARGO MORTGAGE TOTALS BILLS PRESENTED FOR COUNCIL APPROVAL, ALIGNMENT SHOP AMERICAN METER COMPANY AMERICAN VAN EQUIPMENT AOI ELECTRICAL INC ARAMARK UNIFORM SERVICES AT&T WIRELESS BAKER &TAYLOR BOOKS BARCO MUNICIPAL PRODUCTS BRUSKE PRODUCTS INC BUSINESS &LEGAL REPORTS CARPENTER UNIFORM CO CENTER POINT PUBLISHING CENTRAL IOWA REGIONAL LIBRARY CHILD'S WORLD COOPER CRAWFORD &ASSOC CRYSTAL CLEAR BOTTLED WATER DAN RAITT INC CITY OF WAUKEE ED M FELD EQUIPMENT CO ELECTRIC PUMP &TOOL ELECTRICAL ENGINEERING EQUIP FASTPRO INTERNATIONAL INC GREATER DES MOINES PARTNERSHIP GROEBNER &ASSOCIATES INC JODY GUNDERSON HAYES INSTRUMENT CO INC HEARTLAND CO-OP HICKORY TECH HONORABLE ELECTRIC LLC HOPKINS SPORTING GOODS 150.00 30.00 1,350.00 616.67 247.65 199.20 19,426.45 900.00 1,972.91 70.00 6,360.31 9,320.34 25.00 1,120.60 2/570.00 25.00 46.47 6,889.29 40.00 1,582.13 469.40 137.50 100.00 100.00 57,874.51 111,623.43 369.19 161.10 384.42 175.00 178.93 691.11 185.97 346.27 189.09 534.95 869.48 67.28 258.00 189.50 1,192.50 25.85 371.65 4,468.00 475.00 111.00 1,177.65 693.72 4,350.00 194.27 10.00 580.41 4,787.54 2,280.87 544.50 1,571.28 2 IOWA DEPT OF TRANSPORTATION IOWA PIPELINE ASSOC INC IOWA STATE UNIVERSITY CONFERENCE IOWA TITLE COMPANY J &M DISPLAYS INC JERICO SERVICES INC JNR ADJUSTMENT COMPANY JOHN DEERE HEALTH PLAN INC BRETT KASZINSKI MARILYN LAKE LANDS END BUSINESS OUTFIT LOGAN CONTRACTORS SUPPLY MADISON NATIONAL LIFE MANATTS MARTIN MARIETTA AGGREGATE MBNA AMERICA BUSINESS CARD MENARDS METLIFE SMALL BUSINESS CENTER MID AMERICAN ENERGY MID STATES FORD INC MIDWEST ENVIRONMENTAL SERVICES MIDWEST RADAR &EQUIPMENT MIDWEST UNDERGROUND SUPPLY MUNICIPAL SUPPLY NATIONAL WATERWORKS INC NEWMAN TRAFFIC SIGNS NOGG CHEMICAL &PAPER OFFICE DEPOT OVERHEAD DOOR COMPANY PARKSON CORPORATION PITNEY BOWES PLUMB SUPPLY COMPANY PORTER-BOWERS SIGN CO INC PUBLIC FINANCIAL MANAGEMENT QUALITY FORD OF WDM QUICK LANE AUTO SERVICE QWEST RAK INDUSTRIES RED WING SHOE STORE REYERSON TRANSPORT LLC BETH RICHARDSON TERRY SESKER SMITHS SEWER SERVICE INC SNYDER &ASSOCIATES INC SPRING VALLEY WIRELESS STANDARD BEARINGS SUPERIOR SIGNALS INC TRIPLETT OFFICE ESSENTIAL KATHLEEN UNDERWOOD UNITED STATES CELLULAR UNIVERSAL PRINTING SERVICES VEENSTRA &KIMM INC VERIZON WIRELESS THE VERNON COMPANY MARGGIE WEIR ZIEGLER INC TOTALS 404.32 5,696.41 75.00 240.00 7,500.00 1,518.75 317.52 38,452.32 52.50 24.00 394.45 768.65 881.72 544.53 2/378.55 6,402.95 124.13 470.23 13,892.55 709.99 488.00 405.00 2,811.59 3,745.40 1,626.10 652.75 227.48 896 .15 561.00 202.10 396.00 149.00 424.00 27,154.49 469.07 18.85 58.36 208.89 187.00 667.23 6.00 18.42 70.00 276.00 50.74 136.50 46.60 67.33 69.72 62.36 732.86 27.00 31.44 545.39 10.00 174.10 325,284.80 I I J 3 (7)Mayor's Report:The mayor (1)participated in a panel cliscussion hosted by the Greater Des Moines Leadership Institute;(2)in Washington,D.C.for two days and while there visited with staffers from the offices of Congressmen Latham,King and Leech and the office of Senator Grassley;(3)is serving on a subcommittee of the Dallas County Mayors to investigate the possibility of creating an Affordable Housing Trust for Dallas County.This topic will be cliscussed with all of the Mayors ofthe County to see ifthere is interest;and (4)chaired the land annexation meeting for the city during the past week. The mayor will attend (I)Mid-Iowa Assn of Local Government's Meeting this corning week;(2)another Iowa League of Cities Seminar covering TIP;and (3)MPO meeting. (7 A)Ordinance:An ordinance to amend Chapter 207,by deleting all of Chapter 207 and inserting in lieu thereof a 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.(second reading)Council member Gruber moved to have the second reading in title only.Bill Peard second.Torn Tovrea,Chairman of the Park Board,speaking on behalf of that board,requested the council reconsider its position on appointment of members.Although the council was reluctant to strip the mayor of his appointment privileges,Council member Bailey moved to amend the ordinance by requiring the Park Board submit the names of 3 appointees for each position including those where the member wishes to be reappointed.Those individuals wishing to be reappointed must go through the interview process.Jeff Mertz second.Roll call:Ayes:Bailey,Mertz,Gruber,Stanton,Peard.Nays:None.Motion carried 5 -O.Roll call on the ordinance as amended:Ayes:Gruber,Peard,Mertz, Bailey,Stanton.Nays:None.Motion carried 5 -O. (8)Resolution:Approving and authorizing James E.Graham,Attorney at Law,to institute and conduct condemnation proceedings to acquire certain real estate or temporary easements in order to construct the University A venue Widening Improvement Project,No.STP-U-8177(604)-70-25 Don Bailey,Jr.moved to approve. Jeff Mertz second.Matt Thomas of Lee Engineers and Surveyors,3031 NW 86'h Street discussed the need to proceed with the condemnation process to ensure beginning the project in June.The two properties which may proceed to condenrnation are:(I)the Steve Bryant property involving a temporary easement and (2)Gerald and Nancy Reese property involving a right-of-way purchase,permanent easement and a temporary easement.Council discussed the amount offered to Mr.Bryant and Mr.and Mrs.Reese versus the cost of condenrnation.Mark Arentsen assured the council that they would review the award whether through condemnation or voluntary settlement so that they would know what the amount would be.Council member Bailey indicated he would not vote yes until he knew the cost of the condenrnation proceedings versus the voluntary settlement.Council member Mertz requested additional information concerning this process before the end of the week.Roll call:Ayes:Mertz,Stanton,Peard,Gruber. Nays:Bailey.Motion carried 4 -I. (9)Resolution:Approving May 3,2004 as the date for a public hearing on designation of the amended Waukee Urban Renewal Area and on urban renewal plan amendment Council member Stanton moved to approve.Council member Gruber seconded.This urban renewal amendment brings in six additional areas and deletes one area.The intent is to increase the borrowing capacity for improvements such as the Alice's Road 11-80 4 interchange.Conncil member Bailey preferred to look at the additions and deletions on a case by case basis and didn't support this resolution.Roll call:Ayes:Stanton,Gruber, Peard,Mertz.Nays:Bailey.Motion carried 4 -I. (10)Resolution:Approving preliminary plat for Parkview Crossing Plat 6 Don Bailey, Jr.moved to approve the resolution.Darlene Stanton seconded the motion.Mark Arentsen indicated that a donation from Jerry's Homes,the developer,of$69,120 for park land was contributed by the developer even though park land for that particular area was not in the comp plan.Attorney Paul Huscher had suggested prior to the meeting that it would be important to obtain a statement from the developer that the contribution for the park land was voluntarily given and not requested by the city.Further discussion led to an amendment to the motion reflecting the contribution as a gift and was moved by Nick Gruber and seconded by Darlene Stanton.Roll call:Ayes:Gruber,Stanton,Bailey, Peard,Mertz.Nays:None.Motion carried 5 -O.Roll call on the amended motion: Ayes:Bailey,Stanton,Peard,Mertz,Gruber.Nays:None.Motion carried 5 -O. (11)Resolution:Approving preliminary plat for Roll-Ni-Valley Council member Mertz moved to approve the resolution.Craig Rogers,land owner to the immediate north, presented the preliminary plat to the council on behalf ofthe landowners,Mr.and Mrs. Steve Phillipsen.The plat consists of 15 acres divided equally into three five acre parcels.All comments by Veenstra &Kimm,Inc.have been substantially addressed. Adj acent property owners present at the meeting indicated they supported the development.Nick Gruber seconded the motion.Roll call:Ayes:Mertz,Gruber,Bailey, Peard,Stanton.Nays:None.Motion carried 5 -O. (12)Resolution:Approving final plat for Roli-N:Valley Darlene Stanton moved to approve.Jeff Mertz second.Mr.Rogers corrected the name of the project from Roll-In- Valley to Roll-N-Valley.Roll call:Ayes:Stanton,Mertz,Bailey,Peard,Gruber.Nays: None.Motion carried 5 -O. (13)Resolution:Approving site plan for Legacy Pointe Senior Living Mike Kastner of Wells Kastner Schipper presented that portion of Legacy Pointe which is the assisted and independent living complex for the elderly.The project includes a three story building with underground parking as well as above ground parking to the south,a one story building with kitchen area in the basement and beauty shop,theater,bank,other shops on the main floor and a two story building which houses the assisted living residents.There is room for expansion for the assisted living to the south and to the south and east with room for a possible nursing home to the south.The parking,lighting,exterior and green spaces were addressed.Council member Mertz moved to approve.Council member Peard second.Roll call:Ayes:Mertz,Peard,Gruber,Stanton,Bailey.Nays:None. Motion carried 5 -O. (14)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 Subdivision)(third reading)Don Bailey,Jr. moved to have the third reading in title only and place this ordinance on its final passage. Darlene Stanton second.Nick Gruber moved to amend the motion to include the stipulation that the sewer issue be resolved within 60 days of the approval and passage of this ordinance or the approval and passage of this ordinance would be null and void.Jeff I 5 Mertz seconded the amendment.As a privileged motion,Darlene Stanton moved to receive/file a letter addressed to the council from The Oaks Development Co.dated April l't regarding the sewer connection to the property they are developing.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz,Bailey,Gruber,Peard.Nays:None.Motion carried 5 -o.Discussion with respect to the history of the project,the development of sewer plans,the change in development concept plans and the cost ofthe sewer construction occurred.This ordinance was approved in a Planning &Zoning meeting with the stipulation that the zoning change would be in effect as long as platting occurred before the end of two years and building occurred before the end of three years or the zoning would revert to the COS zoning.A general consensus of the council was to agree with this stipulation.The council further discussed the 60 day requirement and possible extensions oftime.Joe Schmidt,2806 W Avenue,member of the Planning and Zoning Commission addressed the council.Council member Mertz seconded Nick Gruber's motion to amend the motion made by Don Bailey,Jr.by conditioning the council's approval of the ordinance upon resolution ofthe sewer issue within the first 60 days after approval.Roll call:Ayes:Gruber,Mertz,Peard,Stanton.Nays:Bailey.Motion carried 4 -1.Council member Bailey voted no because this issue can be addressed at the platting stage.The Mayor asked for the roll call on the motion to have the third reading in title only and place this ordinance on its final passage conditioned upon the resolution of the sewer issue being resolved within the first 60 days after approval of the ordinance. Roll call:Ayes:Bailey,Stanton,Gruber,Peard,Mertz.Nays:None.Motion carried 5 - O.Mark Arentsen read the ordinance.Mayor Oberman declared the ordinance as amended passed and duly adopted. (15)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-l (Light Industrial District)to C-l (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)(third reading)Nick Gruber moved third reading in title only,final passage.Darlene Stanton second.Roll call:Ayes:Gruber,Stanton,Peard,Bailey,Mertz.Nays:None.Motion carried 5 -o. Mark Arentsen read the ordinance.Mayor Oberman declared the ordinance passed and duly adopted. (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-l (Single Family Residential District);and then from R-l (Single Family Residential District)to PD-l (Planned Development Overlay District);and amend official zoning map to show rezoning (to be known as Painted Woods subdivision)(second reading)Council member Mertz moved to have the second reading in title only.Council member Bailey second.Council member Darlene Stanton questioned if the developers were committed to joining the growth of our trail system by acknowledging that a bike trail would be installed within an easement along the creek or along Ute Avenue.After some discussion,Mark Arentsen indicated that a letter of commitment would be requested prior to the third reading.Roll call:Ayes:Mertz,Bailey,Stanton,Peard,Gruber.Nays:None.Motion carried 5 -O. (17)Ordinance:Approving an Ordinance to repeal Chapter 222 of the Municipal Code of the City of Waukee,Iowa and to adopt by reference the 2003 Edition of the 6 International Codes (I-CodesTMJ and more specifically the International Building Code,the International Existing Building Code,the International Fuel Gas Code,the International Mechanical Code,the International Plumbing Code,and the International Property Maintenance Code;and by reference the 2002 National Electrical Code to regulate 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 perm its and collection offees;and to provide penalties for violations.(second reading)Darlene Stanton moved to have the second reading in title only.Nick Gruber second.This ordinance by adoption will not change the building fees.It does change the capacity fees and adjustments to those rates/fees will be forthcoming to ensure our costs are covered. We are also adopting this building code to ensure our ISO rating is not increased,which would result in higher property insurance rates.Roll call:Ayes:Stanton,Gruber,Mertz, Bailey,Peard.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (18)Ordinance:Approving and 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 (second reading)Darlene Stanton moved to have the second reading in title only.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz,Bailey, Gruber,Peard.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.(second reading)This item moved to 7A. (20)Ordinance:Approving an ordinance to amend Chapter 200,Waukee Municipal Code,Civil Ordinances,Chapter 218,by inserting Section 218.3,to codify the policy of the City of Waukee for assessment of costs of sidewalks by providing (1)that the owner of adjacent property where sidewalks are to be constructed,is given one year in whiclt to construct the sidewalk subject to the City of Waukee specifications;and (2)thtu,if not constructed within that year,the City will construct the sidewalks and the costs of four feet wide sidewalks sit all be assessed 100%to the adjacent property owner;and by further providing that sidewalks and trails larger than four feet in width shall be assessed 100%for the first four feet of wid tit,and the city shall bear the costs of additional widtb over four feet (introduction and first reading)Darlene Stanton introduced the ordinance.Nick Gruber moved having the first reading in title only.Bill Peard second.David Plorins of775 Maple St.,asked the council to include in the ordinance the assessment policy with respect to comer lots and he asked the council to defeat this ordinance because,in general principal,it completely divorces the council and the city from the payment of the cost ofthe construction.Mark Arentsen indicated that the entire policy will be included in the second reading of the ordinance.This will be the policy for the assessment of sidewalk construction.However,any specific assessment must be approved by a super majority before the project can proceed.Roll call:Ayes: ] I I 7 Gruber,Peard,Mertz,Stanton.Nays:Bailey.Motion carried 4 -1.Mark Arentsen read the ordinance in title only. (21)Discussion:Oil use of gravel as hard surface material on parking areas outside of regular driveways (Continued)Council member Bailey was of the opinion that what we have on the books is satisfactory and another ordinance isn't necessary.Council member Stanton suggested that there were many different rules and regulations with respect to parking on personal property including number of vehicles,front yard parking versus back yard parking,parking when street parking is prohibited.Council member Peard suggested we need to clarify what "unsurfaced"means so that Code Compliance Officer Dennis Dowell can write tickets based on a workable,nnderstandable definition of the nuisance.Mr.Peard also said that gravel parking would be accepted,if it had been gravel parking for many,many years.Resident Kelly Baker,85 Bel Aire Drive,spoke to the council with respect to the surface required and stated he would have to pave most of his back yard to accommodate all of his vehicles.He also wondered what more concrete would do to his property taxes.Mik Briedis suggested that the council specify the product used be dust free.At the conclusion ofthe discussion,Mark Arentsen suggested that an ordinance for parking issues be prepared for the next council meeting.The discussion was closed. REPORTS:Reports were presented by Mark Arentsen,Jody Gunderson,Linda Burkhart,John Gibson,Chad Weaver,Mikelis Briedis,Paul Huscher,Darlene Stanton, Jeff Mertz,Don Bailey,Jr.,Nick Gruber. At this time Mayor Oberman asked for a motion to adjourn.Jeff Mertz moved;Darlene Stanton second.Voice Vote:Ayes:All.Nays:None.Motion carried 5-0. Meeting Adj oumed at 9:15 PM. C.A.Paardekooper,Deputy Clerk Attest: ~~Ton Obe an,Mayor Mark J.Arentse,ity Administrator/Clerk 8