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HomeMy WebLinkAbout2004-08-02-Regular MinutesWAUKEE CITY COUNCIL MINUTES AUGUST 2,2004 (1)Call to Order -The regularly scheduled meeting of the Waukee City Council was called to order by MayOT 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-(1)Ron Stalhnan,President of the Waukee Chamber of Commerce,introduced Peter Soley,new director ofthe Waukee Chamber.(2) Council member Don Bailey,Jr.read a letter from himself to the Mayor and Council concerning Waukee's purchase ofland from the Copeland Family for park land which turned out to be the land being considered by the Airport Committee for the proposed Metro Airport.That letter is incorporated into these minutes immediately after the last item in the Open Forum.(3)Darlene Stanton requested that the Wage Study Committee,once prepared,call together the COUlICilas a whole to discuss result of their study and proposed changes. August 2,2004 To:Mayor Oberman and Waukee City Council Members Re:Letter for the Public Record about City Parkland Purchase and Regional Airport I am embarrassed about what happened last Monday night at the City Council meeting on July 26,2004.As you should recall during the discussion of the Regional Airport,I asked the question as to whether the proposed site shown in the report and on the map included any of the land that the city was proposing to locate a park,(the land the city is purchasing from the Copeland Family). The answer given by a member of the Airport Study Committee was no.This should be part of the public record in the minutes from the meeting,yet it is not.Entering tbis letter into the public record will ensure it is. I was disappointed,that no one from the paid city staff spoke up and corrected the answer wbich was wrong.When the council recessed at the meeting,it became apparent the answer to my question was that the proposed airport site did include land the city was buying for a parle.Therefore,as it stands now,the city is supporting two totally different proj ects on the same piece of property. I feel the City Council understands the importance of integrity in dealing with people.The Copeland Family agreed to sell the property to the city at a reduced rate for a large park to be developed.Even the purchase agreement dated December 20, 1 2002 references naming the 200 acre park property,"Copeland Sports and Recreation Complex."The action based in misinformation last week compromises that agreement. On October 23,2002 the Council held a workshop where a discussion was held on Consideration of Future Capital Proj ects. At the meeting,Athletic Field Land Acquisition was selected by a majority of the council as one of the top five projects.TIllS became a reality at the December 16,2002 meeting when item 13 was a resolution approving the option to purchase land for recreational purposes.In fact the minutes from the meeting,state that the city staff expressed appreciation to the Copeland Family for selling the land for recreational purposes. I understand that there was discussion on last Friday with one of the Copeland Family members.At that meeting,it was stated that the city wished to wait until 2006 to see if the airport was really going to happen,and if so something would be done in 2006 to deal with the two projects on the same property problem.This of course would require council approval.No one has spoke with me about it and I have to assume that no one has contacted three council members for a vote outside of open meeting.Only a majority of the City Council at an open meeting can set the city's policy or position on any issue. I also understand there has been discussion that the cities land cannot be condemned;therefore,if an airport proj ect proceeds,the city is in the best position to make a land swap for other land for a park.Nobody can convince me this is fair to the owners who sold this property with the understanding it would be a park. Either we support the airport or the park on this property,we can't have both.If we really want a regional airport,I urge the council to strongly consider getting out of the park land option purchase agreement.This is the right thing to do considering the new information about the site. We have an opportunity to correct this and protect the honesty and good name of the city. Sincerely,Donald Bailey,Jr.,Waukee City Councihnan (5)Agenda Approval-No changes.Darlene Stanton moved;JeffV.Mertz second to approve the agenda as written.Ayes:All.Nays:None.Motion carried 5-0. (6)Consent Agenda- A.Approving July 15,2004 Payroll &July 28,2004 Bill List B.Approving July 19 and 26,2004 City Council Minutes C.Approving Change Order No.4 for The Underground Co.for the R-22 Sanitary Sewer Improvement Project in the amount of$2,146.80,an increase to the contract D.Approving payment of retain age for Van Hauen in the amount of $31,326.60 E.Approving Change Order No.2 for Iowa Signal and Electric Co.for the Hickman Road Street Lighting Phase II Project reducing the contract amount by $1,510.00 F.Approving Partial Payment NO.3 to Iowa Signal and Electric Co.for the Hickman Road Street Lighting Phase II project in the amount of$15,954.11 } ) 2 -->------------------------_._-- Nick Gruber moved;Don Bailey,JI.second to approve all items.Roll call:Ayes: Gruber,Bailey,Meltz,Stanton,Peard Nays:None.Motion carried 5-0. Bill List (July 28,2004) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL: CITY OF WAUKEE CITY OF WAUKEE COMMUNICATIONS WORKERS OF EFTPS IOWA PARK &RECREATION MELISSA KNIGHT TROY MAPES JESSICA MELKUS PRE-PAID LEGAL SERVICES SAM'S CLUB TK CONCRETE INC TREASURER STATE OF IOWA TREASURER STATE OF IOWA TREASURER STATE OF IOWA UNITED WAY CENTRAL IOWA WAUKEE CHAMBER OF COMMERC WAUKEE STATE-PW peASH MARGGIE WEIR WEST DES MOINES UMPIRES TOTALS UNPAID BILLS PRESENTED FOR APPROVAL: A SMALL WORLD AAA AWARDS &KEEPSAKE GIFTS ALERT-ALL CORPORATION ALLEGRA ALLIANCE MEDICAL AMERITAS LIFE INSURANCE CO ANNEAR EQUIPMENT INC ARAMARK UNIFORM SERVICES MARK ARENTSEN BANKERS TRUST COMPANY BARNES DISTRIBUTION BRODERICK ANIMAL CLINIC BUILDING &PROPERTY MAINT LINDA BURKHART BUSINESS COMMUNICATIONS BUSINESS PUBLICATIONS CAMP WESLEY WOODS CAPITAL CITY EQUIPMENT CO CARPENTER UNIFORM CO CARRIER-OEHLER COMPANY CARTE GRAPH CHANCE UPHOL &REPAIR SHOP CITY OF ADEL COMMERCIAL APPRAISERS OF IOWA COMPUSA INC CONNEY SAFETY PRODUCTS CRYSTAL CLEAR BOTTLED WATER DALLAS COUNTY NEWS DALLAS COUNTY RECORDER DECATUR ELECTRONICS DELL MARKETING LP DES MOINES STAMP MFG CO DES MOINES WATER WORKS CHARLIE DIXSON DLT SOLUTIONS INC ELECTRICAL ENGINEERING EQUIP ELECTRONIC ENGINEERING CO ENERGY ECONOMICS FAREWAY STORES FASTPRO INTERNATIONAL INC FESLERS INC BRAD FREEMAN GALL'S INC GROEBNER &ASSOCIATES INC 1,400.00 57L80 247.65 21,987.18 252.00 20.00 20.00 200.00 29.90 270.00 3,169.00 6,512.51 36L 19 2,876.64 40.00 200.00 100.00 10.00 945.00 39,212.87 24.00 31.89 437.76 330.26 638.46 3,593.28 244.90 178.93 250.00 133,700.00 128.88 510.00 1,680.00 35.65 611.60 59.95 80.00 119.15 117.96 820.91 8,243.29 75.00 10.50 2,000.00 670.74 245.46 37.75 29.95 22.00 1,510.00 138.95 25.75 4,750.65 75.00 4,013.30 169.83 32.00 2,423.30 34.03 75.50 448.02 24.49 151.93 338.55 3 JODY GUNDERSON LAURIE HAHN HEWLETT-PACKARD COMPANY HICKORY TECH HOPKINS SPORTING GOODS PAUL E HUSCHER INTERNATIONAL INSTITUTE INTERSTATE BATTERY SYSTEM IOWA ONE CALL IOWA PARK &RECREATION ASSOC IOWA PIPELINE ASSOC INC IOWA STATE UNIVERSITY TREASURER JC CROSS CO MATT JERMIER JMT TRUCKING COMPANY JOHN DEERE GOVERNMENT &NATIONAL SALES JOHN DEERE HEALTH PLAN INC KDSM-TV KENNY &GYL COMPANY LASER CAR WASH LEE ENGINEERS &SURVEYORS LIBERTY FLAG &SPECIALTY LOGAN CONTRACTORS SUPPLY MAINSTAY SYSTEMS INC MBNA AMERICA BUSINESS CARD MEDIACOM MENARDS METLIFE SMALL BUSINESS CENTER MID AMERICAN ENERGY MID STATES FORD INC MID STATES SUPPLY COMPANY MIDWEST ENVIRONMENTAL SRV MIDWEST UNDERGROUND SUPPLY MISSOURI VALLEY FIRE CHIEFS CONFERENCE SARA MULLEN MUNICIPAL SUPPLY DEVON MURPHY-PETERSEN NATIONAL WATERWORKS INC NOGG CHEMICAL &PAPER NORTH DALLAS LANDFILL O'HALLORAN INTERNATIONAL OFFICE DEPOT THE OLSON GROUP INC OLSON'S BODY &PAINT PLUMB SUPPLY COMPANY QUALITY FORD OF WDM QWEST RAPID REPRODUCTIONS RTL EQUIPMENT INC SCHILDBERG CONSTRUCTION BECKY SCHUETT SECRETARY OF STATE SELECT OFFICE SYSTEMS TERRY SESKER STAR EQUIPMENT LTD STERNQUIST CONSTRUCTION TOYNE INC TRIPLE T ENTERPRISES INC TRIPLETT OFFICE ESSENTIAL UNITED STATES CELLULAR US ENERGY SERVICES INC VAN-WALL EQUIPMENT INC VEENSTRA &KIMM INC VERIZON WIRELESS VERMEER SALES &SERVICES VISA WAUKEE AUTO WASH WAUKEE ROTARY CLUB WEST DES MOINES EMS WEST DES MOINES WATER WRK WIRING BY DESIGN INC 4 250.00 100.00 1,378.00 372.70 67.78 2,000.00 91.00 12.00 463.BO 110.00 1,299.06 5,207.50 130.00 156.00 2,614.17 39,357.75 40,007.52 1,450.00 325.00 66.00 9,700.00 220.95 14.64 618.00 237.0B 79.95 233.15 520.23 14,875.20 327.50 270.77 622.00 164.63 210.00 25.00 7,516.74 10.00 1,177.73 71.96 7,689.00 750.97 2,418.41 4,000.00 66.00 16.52 437.10 58.37 349.00 200.00 204.52 105.00 30.00 800.00 128.47 31.23 5,344.82 73.45 41.75 12.57 62.55 20,508.08 61.11 34,715.24 29.01 35.39 203.17 420.00 125.00 225.00 71,994.99 125.75 I J I ZIEGLER INC 180.98 TOTALS 452,936.83 (7)Mayor's Report:Congratulated the City on a successful first ever Relay for Life Cancer Walk;encouraged everyone to participate in the National Night Out.The Mayor's activities for the coming two weeks include Mid IA Association of Local Governments as well as the local mayor's meeting (8)Resolution:Honoring Keith Armstrong,Fire Prevention Officer with the Waukee Fire Department and recipient of the 2004 Governor's Award for Fire Prevention Officer of the Year Don Bailey moved to approve the resolution.JeffV.Mertz second. Roll call:Ayes:Bailey,Mertz,Stanton,Peard,Gruber.Nays:None.Motion canied 5 - O.Mayor Oberman read the resolution and presented a framed copy ofthc resolution to Keith Armstrong in honor of his contribution to the City of Waukee. (9)Resolution:Designating Trilix Marketing Group as the City's marketing firm Nick Gruber moved to approve the resolution.Bill Peard seconded the motion.Council member Gruber introduced the Community Development Committee and Staff representative Jody Gunderson.The committee has worked on tins project for many months completing a Request for Proposal (RFP)earlier this spring,which was mailed to 20 marketing firms.Of the twenty,three marking firms responded.These three were interviewed and rated by the Development Committee.Trilix Marketing Group was chosen by the committee to rework our newsletter,web site,and marketing tools.Mr. Todd Senne,Vice-President,Marketing Services and Ms.Leah Schomburg,Director, Marketing Services were present to visit with the council concerning their goals for the City.Roll call:Ayes:Gruber,Peard,Stanton,Mertz,Bailey.Nays:None.Motion carried 5 -O. (10)Resolution:Approving Development Agreement with Hubbell Realty Company with respect to construction of the Sugar Creek Trunk Sewer and Pumping Station Darlene Stanton moved to approve the resolution.Jeff Mertz second.Council discussed the Sugar Creek Trunk Sewer and Pumping Station funding,construction,capacity and connection fees.Mark Arentsen reminded council that development within 1,000 feet of the Wastewater Treatment Facility was not recommended by the engineers.Roll call: Ayes:Stanton,Mertz,Bailey,Gruber,Peard.Nays:None.Motion carried 5 -O. (11)Resolution:Approving Development Agreement with Oaks Development Company with respect to construction of the Sugar Creek Trunk Sewer and Pumping Station Nick Gruber moved to approve the resolution.Darlene Stanton second.Council member Mertz thanked the staff for their efforts in working with this proj ect.Roll call:Ayes: Gruber,Stanton,Peard,Bailey,Mertz.Nays:None.Motion carried 5 -O. (12)Resolntion:Approving Preliminary Plat of Spyglass Development for Oaks Development Company Darlene Stanton moved to approve the resolution.Don Bailey, Jr.second.Brad Cooper representing Cooper Crawford Associates LLC,engineers for the project,was present.Brief Discussion.Roll call:Ayes:Stanton,Bailey,Mertz, Peard,Gruber.Nays:None.Motion carried 5 -O. (13)Resolution:Approving Construction Plans Spyglass Development for Oaks Development Company Jeff Mertz moved to approve the resolution.Darlene Stanton second.Roll call:Ayes:Mertz,Stanton,Gruber,Mertz,Bailey.Nays:None.Motion carried 5 -O. (14)Resolntion:Approving Annexation of the Brummett Acres Subdivision in five years after approval of the preliminary plat or at the time of Hunter Hollow 5 Annexation,whichever comes first Don Bailey,Jr.moved to approve the resolution as written.Darlene Stanton second.Mr.John Brummett,owner of Brummett Acres, discussed the changes he requested and stated his position on annexation,Mr.Ken Carlson,3259 Hickory Hollow Lane,President of the Hunter Hollow Home Owners Association,supported Mr.Brummett in his request to sub-divide and not annex into the City for five years or until Hunter Hollow as a whole came into the City.The council's discussion continued concerning development,annexation and city services to areas being annexed.Mark Arentsen indicated he would recommend an annexation time period not greater than two or three years.Council members Stanton and Mertz reconnnended annexation in one year after subdivision.Jeff Mertz moved to amend the original motion by changing the time frame before annexation from five yeaTS to one year.Darlene Stanton second.Roll call:Ayes:Mertz,Stanton,Peard,Gruber.Nays: Bailey.Motion carried 4 -1.Roll call on the original motion to approve the resolution as amended.Ayes:Stanton,Peard,Mertz,Gruber.Nays:Bailey.Motion carried 4 -1. (15)Resolution:Approving results of City Administrator's Annual Performance Review Darlene Stanton moved to approve.Bill Peard second.Brief Discussion.Roll call:Ayes:Stanton,Peard,Gruber,Mertz.Nays:Bailey.Motion carried 4 -1. (16)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:"Sign age.One monument sign will be allowed on lot B of the Legacy Pointe 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 §305 of the Waukee Code for a shared monument sign.All other restrictions,including required setbacks,from §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 by §305);" and amend the official Zoning Map.Mayor Oberman opened the public hearing.Mark Arentsen indicated that the City had not received a written comment prior to the hearing, No one present wished to address the council on this issue.Mayor Oberman closed the public hearing. (17)Ordinance:To amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by adding to Legacy Pointe Planned Development Exhibit R,Item 14D,permitting a shared ntonument sign with certain conditions added thereto so that it reads:"Signage.One monument sign will be allowed on lot B of the Legacy Pointe 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 §305 of the Waukee Code for a shared monument sign.All other restrictions,including required setbacks.from §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 by §305);"and amend the official Zoning Map.Don Bailey,Jr.introduced the ordinance.Nick Gruber moved to have the first reading of this ordinance,waive the second and third readings and place this ordinance on its final passage.Jeff Mertz second.Brief discussion.Roll call:Ayes:Gruber, Mertz,Bailey,Pcard,Stanton.Nays:None.Motion carried 5 -O. J I 6 (18)Ordinance:To amend Chapter 401,Waukee Municipal Code,Maintenance of Property,Section 40J.4(B),Maintenance of Premises,by adding to said section, Section401.4(B)(16)which reads asfollows:"Gravel driveways not maintained free of vegetation shall be declared a nuisance.Removal of vegetation in gravel will be required."(third reading)Jeff Mertz moved to have the third reading ofthis ordinance and place it on its final passage.Darlene Stanton second.Roll call:Ayes:Mertz, Stanton,Gruber,Peard.Nays:Bailey.Motion carded 4 -1. (19)Ordinance:To establish the Water Tower Connection Fee District pursuant to Section 384.38 of the Code of Iowa (third reading)Don Bailey,Jr.moved to have the third reading ofthis ordinance and place it on its final passage.Darlene Stanton second. Council member Jeff Mertz briefly discussed the increase in fees paid by developers and the cost of their doing business in Waukee.Roll call:Ayes:Bailey,Stanton,Mertz, Gruber,Peard,Nays:None.Motion carried 5 -O. (20)Motion:Setting 08/16/04 as the date for a Public Hearing on an Ordinance to amend Section 304.5(M)(7),Waukee Municipal Code,Site Plan Requirements of the City of Waukee,Iowa,by adding language limiting the orientation of drive-thru windows and menu boards in the Arterial Corridor Overlay so they not face the corridor,limiting the number of convenience stores and gas stations in the Arterial Corridor Overlay to one such business perJ/4 mile of corridor frontage,and limiting used car sales facilities to those adjoining new car sales dealerships in the Arterial Corridor Overlay;and by re-lettering in alphabetical order each sub-subsection thereafter.Council member Jeff Mertz requested the council consider changing the 3/4 mile of corridor frontage distance between convenience stores and gas station to 1/2 mile. After a brief discussion council decided to start at the 3/4 mile distance in the initial notice.There will be at least two and probably three readings for this ordinance,if after the public hearing;the council decides to proceed with it.Bill Peard moved to set the public hearing date for 08-16-04.Nick Gruber second.Roll call:Ayes:Peard,Gruber, Bailey,Mertz,Stanton.Nays:None.Motion carried 5 -O. REPORTS were presented by Mark Arentsen,Jody Gunderson,Linda Burkhart,Jolm Gibson,Paul Huscher,Jeff Mertz,Don Bailey,Nick Gruber. Mayor Oberman asked for a motion to adjoum.Nick Gruber moved.Jeff Mertz second. Ayes:All.Nays:None.Motion carried 5-0. Meeting Adjourned at 8:07 PM. C.Paardekooper,Deputy Clerk Attest: 7