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Home My WebLink About2004-04-19-Regular MinutesWAUKEE CITY COUNCIL MINUTES APRIL 19,2004 (1)Call to Order -The regular meeting of the Waukee City Council was called to order by Mayor Pro Tern Gruber at 7:00 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 Tony Oberman was absent. (4)Open Forum -Council member Peard spoke on behalf of Joni and Brad Preston who live on Little Walnut Creek Drive.They and another couple in that area have had nine flat tires during the past two weeks.Material in the tires has ranged from bolts,screws to roofing nails.Mark Arentsen,City Administrator,indicated he would have the road swept and would ask the police department to observe the vehicles on that road to see if someone might be hauling that kind of material regularly. (5)Agenda Approval-Council member Mertz moved to remove items 9 and 13 from the agenda.Council member Peard seconded the motion.Council member Bailey recommending deleting Item 61.Jeff Mertz agreed to delete Item 61 and added it to his motion.Bill Peard seconded the changed motion.Roll call:Ayes:Mertz,Peard,Bailey,Stanton,Gruber.Nays: None.Motion carried 5-0. (6)Consent Agenda- A.Approving 03-31-04 Payroll &04-14-04 Bill List B.Approving 03-29-04 and 04-05-04 City Council Minutes C.Approving Beer Permit Renewal for Sugar Creek Golf,LLC DBA Sugar Creek Golf D.Resolution:Approving payment of retainage to Correl Contractor Inc.for the Ashworth Drive Waterrnain Project Phase 1 in the amount of$14,133.76 E.Resolution:Approving payment of retainage to Correl Contractor Inc.for the Ashworth Drive Watermain Project Phase II in the amount of$7,315.68 F.Resolution:Approving purchase agreement in the amount of $700.00 for other considerations including fence removal and gate relocation for $600 and temporary easement of$100 for the property located in Lot I &Outlot Y in Walnut Ridge Plat,an Official Plat owned by Richard Howe 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 G.Resolution:Approving acceptance of gas easement for Earl May from the west 10 feet of Lot I,Legacy Pointe of Waukee H.Resolution:Approving acceptance of gas easement for the Car Wash from the east 20 feet of the 40 foot Egress Easement on Lot 2,Legacy Pointe of Waukee I.Resolution:Approving "Return to Work"Policy for the City of Waukee and directing its inclusion in the City's Employee Handbook -Removed from the agenda J.Motion:Setting May 17 as the date for a Public Hearing on an amendment to the FY2004 Budget Don Bailey,Jr.moved to approve the consent agenda as amended;Darlene Stanton seconded the motion.Roll call:Ayes:Bailey,Stanton,Peard,Mertz,Gruber.Nays:None.Motion carried 5- O. Bill List (April 14,2004) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL: 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 I 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 1 2 HY~VEE FOOD &DRUG CENTER IMAGING TECHNOLOGIES INDUSTRIAL SALES COMPANY INGRAM LIBRARY SERVICES INTERSTATE BATTERY SYSTEM IOWA ASSOCIATION OF MUNICIPAL UTIL IOWA DEPT OF PUBLIC SAFETY IOWA DEPT OF TRANSPORTATION IOWA METHODIST MED CNTR IOWA PIPELINE ASSOC INC IOWA SIGNAL &EI,ECTRIC CO IOWA UTILITIES BOARD IOWA UTILITY ASSOCIATION JC CROSS CO JP COOKE CO CHRISTOPHER KELLER KINKO'S INC KINMAN GLASS LANDS END BUSINESS OUTFIT LASER CAR WASH THE LEARNING POST LEE ENGINEERS &SURVEYORS LITHO GRAPHICS PRINT COMM LINDA MACK MAINSTAY SYSTEMS INC MARTIN MARIETTA AGGREGATE MATT PARROTT &SONS CO MENARDS MERCY SCHOOL OF EMERGENCY MID AMERICAN ENERGY MUNICIPAL SUPPLY DEVON MURPHY~PETERSEN NATIONAL WATERWORKS INC NORTHERN MUNICIPAL DISTR OFFICE DEPOT OLSON BROTHERS PLUMB SUPPLY COMPANY POLK COUNTY FIRE CHIEFS ASSOC PORTER~BOWERS SIGN CO INC PRAXAIR DISTRIBUTION #440 THE PRINTING STATION PROFESSIONAL DEVELOPERS PUBLIC SECTOR PERSONNEL QUALITY FORD OF WDM RAK INDUSTRIES RDG PLANNING &DESIGN RECORDED BOOKS LLC RS STOVER COMPANY SAFETY TODAY SOUTHERN CROSS CORP SPRING VALLEY WIRELESS STAR EQUIPMENT LTD TEAM TWO INC TRIPLETT OFFICE ESSENTIAL UNIVERSAL PRINTING SERVICES UNIVERSITY OF IOWA UPSTART 23.85 369.00 112.85 1,043.36 12.00 235.00 750.00 12,385.64 398.54 8,942.44 150.00 342.00 35.00 12,000.00 99.97 30.00 121.49 254.84 520.95 36.00 5.98 10,749.97 270.00 10.87 618.00 283.53 438.32 130.20 115.00 1,585.35 269.65 12.37 11,991.66 2,100.00 864.78 337.80 163.77 20.00 563.00 41.79 2/238.01 240.00 5,612.50 594.80 293.72 60.00 216.40 4.95 129.77 118.00 0.85 132.23 583.77 1,117.75 1,273.57 298.00 311.64 3 US ENERGY SERVICES INC 184,375.35 US POSTAL SERVICE 37.00 USBORNE BOOKS 268.44 VEENSTRA &KIMM INC 34,291.16 WALL STREET JOURNAL 198.00 WASTE MANAGEMENT OF IOWA 25,429.53 WAUKEE AUTO WASH 210.00 WAUKEE HARDWARE &VARIETY 358.97 WAUKEE STATE -CITY HALL 216.81 WAUKEE STATE-LIBR CASH 224.74 WAUKEE STATE -POLICE CASH 135.55 CHAD WEAVER 27.67 TOTALS 354,868.68 (7)Mayor's Report:Mayor Pro Tern Gruber indicated there would not be a mayor's report; however,he wanted to remind everyone of the Utilities Committee meeting on Tuesday evening, during which Bob Veenstra ofV&K would be present to discuss the WRA and Waukee's possible participation. (8)Proclamation:Recognizing May 2 through May 8,2004 as Municipal Clerks Week Mayor Pro Tem Gruber read the proclamation. (9)Presentation:Mr.Mike Hofmann,candidate for the Office of Dallas County Sheriff,on law enforcement and his goals for the office of sheriff Removed from the agenda. (10)Resolution:Approving 2004 RACI Grant Application for renovation of the facade of the 'Old Hotel'in downtown Waukee as part of a downtown Waukee historic preservation and revitalization effort Council member Bailey moved to approve this application.Council member Mertz second.Margaret Stone,owner of the building,present to address the council J and to answer any questions the council members might have.Council member Bailey said it was important to preserve one of the last standing landmarks from the earlier history of Waukee. Roll call:Ayes:Bailey,Mertz,Stanton,Peard,Gruber.Nays:None.Motion carried 5 -O. (11)Resolution:Approving Site Plan for Waukee Professional Plaza II Council member Bailey moved to approve the resolution.Council member Mertz seconded the motion.Council member Bailey mentioned that there were two outstanding issues still unresolved;those being the lighting and the mechanical heating/cooling screening.Mr.Bill Murphy of Snyder & Associates,Inc.,representing Greg Judas ofKC Holdings and also representing Marty Barkley of Simonson and Associates,the architects for this project,was present to discuss the site plan for the building and the unresolved issues.A majority of the council felt the unresolved issues of 1)cut sheet for the lighting,2)screening of the mechanical unit,and 3)trash enclosure and location were items that should have been completed by this evening and not having them completed was sufficient reason to postpone the vote on this item until the council could meet again.Council member Bailey changed his motion by moving to postpone the vote on this item until the special council meeting at 6:15 PM,Monday,April 26,2004.Jeff Mertz seconded the changed motion.Roll call:Ayes:Bailey,Mertz,Stanton,Peard,Gruber.Nays:None.Motion carried 5 -O. (12)Resolution:Approving Site Plan for Jet Holdings Office Building Council member Mertz moved to approve.Council member Peard second.Bob Vander Linden of Engineering Resource Group,1413 Grand,and Pat Monroe of Monroe Construction,4844 Urbandale Ave., Des Moines,were present to discuss the site plan and to answer any questions the council might I have.Brief discussion.Roll call:Ayes:Mertz,Peard,Stanton,Bailey,Gruber.Nays:None. Motion carried 5 -O. (13)Resolution:Approving Site Plan for Kum &Go #75 Removed from the agenda. 4 (14)Resolution:Approving Sale and Removal of City Property located at 14705 University Avenue,a house formerly owned by Jon and Carol Dlsoncpursuant to Section 364.7 of the Iowa Code and setting May 11,2004 as the date for receipt of bids therefore and setting May 17,2004 as the date for a hearing thereon.This sale also part of the University Avenue Widening Project,No.STP-U-8177(604)-70-25 Council member Mertz moved to approve the resolution supporting the sale and removal of this house.Council member Gruber second.Brief discussion.Roll call:Ayes:Mertz,Gruber,Bailey,Peard,Stanton.Nays:None.Motion carried 5-0. (15)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 A_1 (Agricultural District)to R-1 (Single Family Residential District);and then from R-1 (Single Family Residential District)to PD-1 (Planned Development Overlay District);and amend official zoning map to show re-zoning (to be known as Painted Woods subdivision)(third reading)Council member Bailey moved to have the third reading in title only and to place this ordinance on its final passage.Council member Mertz second.Council member Stanton inquired as to whether the trail had been platted.Ms.Stanton stressed that she had requested the same information at each of the preceding two readings and would not be supporting the third reading,if the information she requested was not presented this evening.Patrick Ruelle of 5408 on lnnd Street in Grimes,present to discuss the project,indicated that he,council member Mertz,Mile Briedis,John Gibson,Tim Royer,Dan Stanbrough,Greg Pierce met to stake out the easement.Further discussion by Council members Stanton,Mertz and Peard led to a change in the motion to approve.Council member Bailey moved to have the third reading in title only and to place this ordinance in its final passage contingent on Mr.Ruelle providing the council something in writing from the developer stating that the easements will be provided.Council member Mertz agreed to second this revised motion.Roll call:Ayes:Bailey,Mertz,Peard, Gruber,Stanton.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance.Mayor Pro Tern Gruber declared the ordinance passed and duly adopted. (16)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 International Codes (I-CodesT"')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 permits and collection of fees;and to provide penalties for violations (third reading)Council member Mertz moved to have the third reading in title only and to place this ordinance on its final passage.Council member Stanton seconded.No discussion.Roll call:Ayes:Mertz,Stanton,Peard,Gruber,Bailey.Nays:None.Motion carried.Mark Arentsen read the ordinance in title only.Mayor Pro Tern Gruber declared the ordinance passed and duly adopted. (17)Ordinance:To repeal Chapter 803 of the Municipal Code of the City of Waukee,Iowa and to adopt by reference the international Fire Code of 2003,and 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 (third reading)Council member Mertz moved to have the third reading in title only and to place this 5 ordinance on its final passage.Council member Stanton seconded.No discussion.Roll call:I Ayes:Mertz,Stanton,Gruber,Peard,Bailey.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only.Mayor Pro Tern Gruber declared the ordinance passed and duly adopted. (18)Ordinance:To amend Chapter 207,by deleting all of Chapter 207 and inserting in lieu thereof a revised 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.(third reading)Moved by Council member Bailey that this ordinance be read in title only and placed on final passage.Council member Stanton second.Brief discussion.Roll call: Ayes:Bailey,Stanton,Gruber,Peard,Mertz.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only.Mayor Pro Tern Peard declared the ordinance passed and duly adopted. (19)Ordinance:To amend Chapter 200,Waukee Municipal Code,Civil Ordinances,Chapter 218,by inserting Section 218.3,Funding of Sidewalk Construction,to establish as a policy of the City of Waukee a procedure for funding of sidewalk construction;and by re-numbering each successive section in said chapter in numerical orderisecond reading)J effMertz moved to have the second reading in title only.Darlene Stanton second.David Plorins,775 Maple St., presented a petition for Margeurite Jordan which contained 54 signatures of residents who are against funding sidewalk construction with a 100%assessment rate.Mr.Plorins also spoke against the 100%assessment rate.Other community members speaking against the 100% assessment rate were:Davis Lawrence,335 Ashworth Drive,Jim Phillips,240 Bel Aire,Frank Andreini,325 Ashworth Drive,Nile York,260 Ashworth Drive,Burney art,700 3rd Street. Shane Haroldson,293 Ashworth Drive inquired as to the liability to the homeowner once the sidewalk was constructed.After several residents spoke,Council member Bailey explained that the sidewalk on Ashworth Drive was originally planned to accommodate school children when walking to school.Mr.Bailey also suggested finding ways of providing assistance to low income or fixed income individuals when constructing sidewalks and suggested the council work with the older residents and,perhaps,reduce the assessment rate less than 100%.Council members Mertz,Stanton and Gruber indicated that they supported finding resources for those individuals who could not afford the sidewalk construction.Council member Mertz indicated that we are a growing city and have to manage costs without increasing property taxes.This is part ofthe city's assessment policy which is to assist the city in achieving some of the amenities being requested by residents.The council did look at what thc other communities were doing and tried to come up with a percentage fair to all concerned,which would allow the city to continue with other projects such as the ladder fire truck,This policy is also an attempt to permit owners to construct their own sidewalk,which would possibly be at a cheaper rate than would be charged to the city.City attorney Paul Huscher suggested changing the wording of the title to establish as a policy a procedure for funding sidewalk construction instead of the previous title which stated that the City was codifying the policy.Council member Mertz added the change to his motion;so that his motion was to have the second reading in title only which title was changed to reflect the following change in wording:"...to establish as a policy of the City of Waukee a procedure for funding of sidewalk construction."Darlene Stanton seconded the changed motion.Roll call:Ayes:Mertz,Stanton,Gruber,Peard.Nays:Bailey.Motion carried I 4-1. 6 (20)Ordinance:To amend Chapter 401,Municipal Code of the City of Waukee,Iowa, §401.4(B)(1l),Maintenance of Premises,by deleting said section and inserting in lieu thereof, "Vehicles parked on any surface that is not Portland cement or asphalt or any such other permanent impervious surface in a portion of a yard exposed to public view."(introduction and first reading)Council member Peard introduced this ordinance.Council member Mertz moved to have the first reading in title only.Council member Peard seconded the motion.Mark Arentsen included in his discussion of the ordinance a statement reflecting the policy that those property owners who currently have gravel driveways or off street parking would not be required to replace the gravel with Portland cement or asphalt.Roll call:Ayes:Mertz,Peard,Stanton, Gruber.Nays:Bailey.Motion carried 4 -1.Mark Arentsen read the ordinance in title only. (21)Ordinance:To amend Chapter 301.27,Waukee Municipal Code,Parking and Loading Areas,Section 301.27(C)(2),In Case of Any Building,Structure,or Premises,by deleting the said section and inserting in lieu thereof,"Any off-street parking area,including any commercial parking lot shall be surfaced with an asphaltic or Portland cement binder pavement or such other permanent impervious surface as shall be approved by the City Council.(introduction and first reading)Council member Stanton introduced the ordinance. Council member Peard moved to have the first reading in title only.Council member Mertz second.Brief discussion.Roll call:Ayes:Peard,Mertz,Stanton,Gruber.Nays:Bailey.Motion canied 4 -1.Mark Arentsen read the ordinance in title only. (22)Discussion:Parking Regulations for Single Family Residential Lots After a brief discussion,this item was postponed until the May 3rd council meeting. (23)Resolution:Approving the terms of purchase offer for parkland from Williams Turf Farm Darlene Stanton moved to approve the resolution.Don Bailey,Jr.second.Mark Arentsen explained the purchase and thanked Bill Beyers for his cooperation and donation of extra land for the Williams Pointe park area.Roll call:Ayes:Stanton,Bailey,Peard,Gruber, Mertz.Nays:None.Motion carried 5 -O. REPORTS:Reports were presented by Mark Arentsen,Jody Gunderson,John Gibson,Mik Briedis,Chad Weaver,Bill Peard,Jeff Mertz,Don Bailey,Jr.and Nick Gruber. At this time Mayor Pro Tern asked for a motion to adjourn:Council member Bailey moved; Council member Mertz second.Ayes:All.Nays:None.Motion carried 5-0. Meeting Adjourned at 9:16 PM. C.Paardekooper,Deputy City Clerk ~--- Attest: 7