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HomeMy WebLinkAbout2004-07-19-Regular MinutesWAUKEE CITY COUNCIL MINUTES JULY 19,2004 (1)Call to Order -The regularly scheduled meeting of the Waukee City Council was called to order by Mayor Pro Tem Nick Gruber at 7 :05 PM. (2)Pledge of Allegiance (3)Roll Call-The following members were present:Council members Nicholas Gruber, Donald Bailey,Jr.,JeffV.Mertz and Bill Peard.Mayor Oberman and Council member Stanton were absent. (4)Open Forum-Troy Mapes representing the Police Department reminded everyone ofthe National Night Out 2004.The 21't Annual National Night Out will take place on August 3,2004.The City will have about 17 or 18 block parties that evening. (5)Agenda Approval-No changes.Council member Bailey moved;Council member Mertz second to approve the agenda as written.Roll call:Ayes:Bailey,Mertz,Gruber, Peard,Nays:None.Absent:Stanton.Motion carried 4 -0 -1. (6)Consent Agenda- A.Approving July 14,2006 Bill List B.Approving 07-12-04 City Council Minutes C.Approving August 2 as the date for a Public Hearing to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by adding to Legacy Pointe Planned Development Exhibit E,Item 14D,permitting a shared monument sign with certain conditions added thereto so that it reads:"Signage.One monument sign will be allowed on lot B of the Legacy Point commercial area.The sign will be utilized for the tenants of lots 4 and 5.Said sign shall comply with the size restriction set forth in section 305 of the Waukee Code for a shared monument sign.All other restrictions,including required setbacks,from section 305 will be followed.No monument sign will be allowed on either of these individual lots.No other monument signs shall be allowed on this lot with the exception of an entry monument for the development (as permitted in section 305);"and amend the official Zoning Map. D.Resolution:Approving construction plans for Williams Point plat 7 E.Resolution:Approving construction plans for Willowbrook plat 3 F.Resolution:Approving appointment of Jim Strauss to Library Board of Trustees for three year term beginning July 1,2004 G.Approving Class C Liquor License Renewal for Triatomic Inc,privately held corporation DBA The Bank Council member Peard moved;Council member Mertz second to approve all items. Council member Bailey discussed the bill recap for FY04.He was concerned with the revenue income for water,sewer and gas,which was higher than had been budgeted.Mr. Bailey requested an informational report as to what has happened to the income received above projected amounts.Roll call:Ayes Peard,Mertz,Bailey,Gruber.Nays:None. Absent:Stanton.Motion carried 4 -0 -1 Bill List (07-14-04) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL: DALLAS COUNTY DALLAS COUNTY RECORDER 116.00 66.00 1 IOWA LIBRARY ASSOC PHYLLIS KLINE BETH RICHARDSON SAM'S CLUB WAUKEE STATE -CITY HALL XENIA RURAL WATER DISTR TOTALS UNPAID BILLS PRESENTED FOR APPROVAL: AAA AWARDS &KEEPSAKE GIFTS ALLIED OIL &SUPPLY INC AMERICAN RED CROSS AT&T WIRELESS BAKER &TAYLOR BOOKS THOMAS T BEELER PUBLISH BORDERS BOOK SHOP CARPENTER UNIFORM CO CENTRAL IOWA REGIONAL LIBRARY CFI TIRE SERVICE CHARTER BANK CITY OF WAUKEE CLASSIC FLORAL &GIFTS DEMCO DAVID DEZEEUW EARL MAY SEED &NURSERY ELECTRICAL ENGINEERING EQUIP FAREWAY STORES GROEBNER &ASSOCIATES INC HEARTLAND CO-OP ROBERT HERRICK HY-VEE FOOD &DRUG CENTER IMAGING TECHNOLOGIES INGRAM LIBRARY SERVICES IOWA CITY/COUNTY MANAGERS ASSOC IOWA FIRE CHIEFS ASSOC JC CROSS CO JIMS JOHNS KAL INC LINDA MACK MADISON NATIONAL LIFE MAJONA CORPORATION MENARDS MERCY SCHOOL OF EMERGENCY MID AMERICAN ENERGY MID LAND EQUIPMENT COMPANY MID STATES SUPPLY COMPANY NAPA AUTO PARTS STORE NATIONAL WATERWORKS INC NORWALK READY MIX CONCRETE OFFICE DEPOT PEGLOW PLUMB SUPPLY COMPANY PRESS CITIZEN SHOPPER THE PRINTING STATION PURCHASE POWER RC WELDING RECORDED BOOKS LLC BETH RICHARDSON 2 100.00 18.00 114.00 44.53 280.99 77.16 816.68 1 126.10 176.50 120.00 22.49 139.56 54.00 85.51 35.25 337.50 86.25 30.00 45.25 1,080.00 89.18 126.90 303.78 67.62 7.49 93.27 471.74 74.20 82.99 284.63 1,121.12 95.00 25.00 4,829.49 750.00 1,469.24 5.25 963.91 185.00 19.60 615.00 1,028.77 499.75 30.90 370.98 92.10 257.50 443.13 1,500.00 28.55 515.00 21998.01 1,019.00 33.25 111.80 14.25 J ) KIM ROBINSON 28.68 SCHILDBERG CONSTRUCTION 385.39 STAR EQUIPMENT LTD 176.00 TEAM TWO INC 153.45 THOSE INK GUYS 25.90 TRIPLETT OFFICE ESSENTIAL 7,082.60 UNIVERSITY OF IOWA HYGIENE 723.00 US POSTAL SERVICE 37.00 WAUKEE HARDWARE &VARIETY 1,018 .29 WAUKEE ROTARY CLUB 125.00 WILSON BROTHERS PEST CONTROL 4,050.00 WRIGHT TREE CARE CO 75.00 ZIEGLER INC 1,643.75 TOTALS 38,485.87 (7)Mayor's Report:No mayor's report this evening. (8)Public Hearing:On plans and specifications,proposed form of contract and estimate of cost for construction of the Wastewater Treatment Facility Generator and Lift Station No.2 Improvements Mayor Pro Tern Gruber opened the public hearing. Mark Arentsen indicated that we had not received anything in writing prior to the meeting.Council member Bailey questioned whether contractors who would bid on the project had received the information because the bids seemed to be quite a bit higher than the engineer's estimate.He thought the notice in the Polk County Press Citizen might not be read by every contractor.Engineer Mile Briedis responded that a packet of information is always sent to contractors who do the kind of work being bid and who are interested in being notified of upcoming projects.Any addendums to this packet of information are also sent.Mayor Pro Tern Gruber closed the public hearing. (9)Resolution:Finally approving and confirming plans,specifications.forms of contract and estimate of cost for the Waste Water Treatment Facility Generator and Lift Station No.2 Improvements Jeff Mertz moved to approve the resolution.Don Bailey,Jr.second.Roll call:Ayes:Meltz,Peard,Gruber,Bailey.Nays:None.Absent: Stanton.Motion carried 4 -0 -1. (10)Resolution:Awarding contract for the Waste Water Treatment Facility Generator and Lift Station No.2 Improvements Don Bailey,Jr.moved to approve this resolution. Bill Peard second.Roll call:Ayes:Bailey,Peard,Gruber,Mertz.Nays:None.Absent: Stanton.Motion carried 4 -0 -1. (11)Resolution:Approving Pre-Annexation Agreement with Marvin E.and Iva Terry Council member Bailey moved to approve the resolution.Council member Mertz second.Roll call:Ayes:Bailey,Mertz,Peard,Gruber.Nays:None.Absent:Stanton. Motion carried 4 -0 -1. (12)Resolution:Approving Pre-Annexation Agreement with Randolph Allison Council member Bailey moved to approve the resolution.Council member Meltz second.Roll call:Ayes:Bailey,Mertz,Peard,Gruber.Nays:None.Absent:Stanton. Motion carried 4 -0 -1. (13)Resolution:Approving Pre-Annexation Agreement with Michael Phillips Council member Mertz moved to approve the resolution.Council member Bailey second.Roll call:Ayes:Mertz,Bailey,Peard,Gruber.Nays:None.Absent:Stanton.Motion carried 4-0-1. (14)Ordinance:To establish the Water Tower Connection Fee District pursuant to Section 384.38 of the Code of Iowa (second reading)Council member Mertz moved to 3 have the second reading in title only.Council member Peard second.Roll call:Ayes: Mertz,Peard,Gruber,Bailey.Nays:None.Absent:Stanton.Motion carried 4 -0 -1. Mark Arentsen read the ordinance in title only. (15)Ordinance:To amend Chapter 401,Waukee Municipal Code,Maintenance of Property,Section 401.4(B),Maintenance of Premises,by adding to said section, Section 401.4(B)(16)which reads as follows:"Gravel driveways not maintained free of vegetation shall be declared a nuisance.Removal of vegetation in gravel will be required."(second reading)Council member Peard moved to have the second reading in title only.Council member Mertz second.Council member Bailey indicated he would have supported this ordinance if "weeds"had not been changed to "vegetation".Roll call:Ayes:Peard,Mertz,Gruber.Nays:Bailey.Absent:Stanton.Motion carried 4 -1 - 1.Mark Arentsen read the ordinance in title only.. (16)Ordinance:To amend Chapter 301,Waukee Municipal Code,Section 301.31, Providing for a Schedule of Fees,Ordinance of the City of Waukee,Iowa,by deleting "$45.00",Defined as the Construction Fee;and by inserting in lieu thereof "$50.00". (third reading)Council member Mertz moved to have the third reading in title only and place this ordinance on its final passage.Council member Bailey second.Roll call: Ayes:Mertz,Bailey,Gruber,Peard.Nays:None.Absent:Stanton.Motion carried 4 -0 -1.M31'k Arentsen read the ordinance in title only.Mayor Pro Tern Gruber declared the ordinance passed and duly adopted. (17)Ordinance:To amend Chapter 301,Providing for a Schedule of Fees,Ordinance of tile City of Waukee,Iowa,by adding the paragraph:"Costs incurred by the City of Waukee for the use of City Department of Public Works Employees shall be reimbursed to the City of Waukee at the employee's hourly rate plus benefits plus 15%. Those costs associated with the use of Public Works Equipment shall be reimbursed to the City at the same rate as listed in the Iowa Department of Transportation Schedule of Equipment Rates,Current Edition."(third reading)Council member Bailey moved to have the third reading in title only and place this ordinance on its final passage. Council member Peard second.Roll call:Ayes:Bailey,Peard,Gruber,Mertz.Nays: None.Absent:Stanton.Motion carried 4 -0 -1.Mark Arentsen read the ordinance in title only.Mayor Pro Tern Gruber declared the ordinance passed and duly adopted. (18)Ordinance:To amend Chapter 301,Providing for a Schedule of Fees,Ordinance of the City of Waukee,Iowa,by adding the words:"A late payment charge of 1.5% shall be added to the past due amount if the invoice is not paid in full with ill thirty (30) days of the date of the invoice."(third reading)Council member Mertz moved to have the third reading in title only and place this ordinance on its final passage.Council member Peard second.Roll call:Ayes:Mertz,Peard,Bailey,Gruber.Nays:None. Motion carried 4 -0 -1.Mark Arentsen read the ordinance in title only.Mayor Pro Tern Gruber declared the ordinance passed and duly adopted. (19)Ordinance:To amend Chapter 301.27,Waukee Municipal Code,Parking and Loading Areas,Section 301.27 (C)(3),in Case of Any Building,Structure,or Premises, by adding to said subsection the words:"shielded and •..and away from the traveled roadway of public streets.This provision is xempted in C2 Districts;"so that said section reads:"Any lighting used to illuminate any off-street parking area,including allY commercial parking lots,shall be shielded and so arranged as to reflect the light away from adjoining premises in any "R"District;and away from the traveled ] 1 4 roadway of public streets.This provision is exempted in C-2 Districts."(third reading) Council member Mertz moved to have the third reading in title only and place this ordinance on its final passage.Mayor Pro Tern Peard seconded the motion.Roll call: Ayes:Mertz,Peard,Gruber,Bailey.Nays:None.Absent:Stanton.Motion carried 4 -0 -1.Mark Arentsen read the ordinance in title only.Mayor Pro Tern Gruber declared the ordinance passed and duly adopted. (20)Ordinance:To amend Chapter 301.27,Waukee Municipal Code,Parking and Loading Areas,Section 301.27(C)(2),In Case of Any Buililing,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.(third reading)Council member Mertz moved to have the third reading in title only and place this ordinance on its final passage. Council member Peard second.Roll call:Ayes:Mertz,Peard,Gruber.Nays:Bailey. Absent:Stanton.Motion carried 3 -1 -1 Mark Arentsen read the ordinance in title only.Mayor Pro Tern Gruber declared the ordinance passed and duly adopted. (21)Ordinance:To amend Chapter 501,Waukee Municipal Code,Regulation of Traffic Upon the Streets of Waukee,Iowa,by amending Section 501.9(F),to establish a speed limit of 35 miles per hour for vehicular traffic on SE University Avenue in Waukee from the East Line of its intersection with L.A.Grant Parkway/Ashworth Drive East 2573 linear feet;and to establish a speed limit of 45 miles per hour for vehicular traffic on SE University Avenue East from a point 2573 linear feet East of its intersection with L.A.Grant Parkway/Ashwortb Drive East to the East City Limits of the City of Waukee (intro and first reading)Council member Bailey introduced the ordinance.Council member Mertz moved to have the first reading in title only.Council member Peard second.After some discussion,Council member Mertz changed his motion to include waiving the second and third reading.Council member Peard seconded the changed motion.Roll call on the motion to have the first reading in title only,waive the second and third readings and place this ordinance on its final passage: Ayes:Mertz,Peard,Gruber,Bailey.Nays:None.Absent:Stanton.Motion carried 4 -0 -1.Mark Arentsen read the ordinance in title only.Mayor Pro Tern Gruber declared the ordinance passed and duly adopted. 22)Resolution:Approving ordering the preparation of plans,specifications,notice of hearing,notice to bidders and form of contract for the Construction of Lift Station Nos.1,3 and 6 Improvements Council member Mertz moved to approve.Council member Bailey second.Roll call:Ayes:Mertz,Bailey,Gruber,Peard.Nays:None. Absent:Stanton.Motion carried 4 -0 -1. 23)Resolution:Approving the order of detailed plans,specifications,Notice of Hearing,Notice to Bidders and Form of Contract for the Construction of Lift Station Nos.1,3 and 6 Improvements and Setting August 10,2004 as the date for Receipt of Bids therefore and Setting August 16,2004 as the date for a Public Hearing thereon Council member Mertz moved to approve the resolution.Council member Bailey second.Roll call:Ayes:Mertz,Bailey,Gruber,Peard.Nays:None.Absent:Stanton. Motion carried 4 -0 -1 Reports were presented by Mark Arentsen,J ody Gunderson,John Gibson,Paul Huscher, Jeff Mertz,Nick Gruber. 5 At this time Mayor Oberman asked for a motion to adjourn.Council member Mertz moved.Council member Peard second,Ayes:All.Nays:None.Motion carried 4-0. Meeting Adjourned at 7:53 PM. C.Paardekooper,Deputy Clerk ) Attest: I 6