HomeMy WebLinkAbout2004-09-27-Regular MinutesWAUKEE CITY COUNCIL MINUTES
SEPTEMBER 27,2004
(1)Call to Order -The regular meeting of the Waukee City Council was called to order
by Mayor Pro Tern Nick Gruber at 7:00 PM.
(2)Pledge of Allegiance
(3)Roll Call-The following members were present:Mayor Pro Tern Nick Gruber and
Council members Donald Bailey,Jr.,J effV.Mertz and Darlene Stanton.Mayor Tony
Oberman and Council member Bill Peard absent.
(4)Open Forum -No one present wished to address an issue not on the agenda.
(5)Agenda Approval-Mark Arentsen asked to have Item #21 removed from the
agenda.Darlene Stanton moved;Jeff Mertz second to approve the agenda as amended.
Ayes:Stanton,Mertz,Gruber,Bailey Nays:None.Absent:Peard.Motion carried 4 -0
-I.
(6)Consent Agenda-
A.Approving 09-15-04 Payroll &09-22-04 Bill List
B.Approving 09-13-04 City Council Minutes
C.Approving Class B Beer Permit including Sunday Sales Privilege for Playground
Pizza,Inc.DBA Minsky's
D.Resolution:Approving payment of retainage in the amount of $9,126.40 to IA Signal
and Electric Co.for work completed on the Hickman Road Arterial Street Light
Improvements -Phase 2
E.Resolution:Approving Annual Street Finance Report,and directing the city clerk of
the City of Waukee to file the report with the Department of Transportation.
F.Approving Change Order No.I,University Avenue Widening Project for an increase
in the amount of $4,658.50 in the contract with Cedar Valley Corp
G.Approving Change Order No.2,University Avenue Widening Project for an increase
in the amount of $1,375.00 in the contract with Cedar Valley Corp
H.Approving Change Order No.3,University Avenue Widening Project for an increase
in the amount of $3,415.50 in the contract with Cedar Valley Corp
1.Approving Change Order No.4,University Avenue Widening Project for an increase
in the amount of $500.00 in the contract with Cedar Valley Corp
J.Approving Partial Pay Estimate No.I to Weidner Construction,Inc.for the
Wasterwater Treatment Facility Generator and Lift Station No.2 Improvements
project in the amount of$20,710.00
K.Resolution:Approving pay increase for Lisa Torgerson,Head Library Clerk,and
funding all three library staff wage adjustments from city funds
L.Resolution:Approving adoption for future versions ofthe Intemation Council Family
of Construction Codes in a timely manner and consistent with the time frame of other
members of the Metro Advisory Council
M.Resolution:Approving the Certification of Reimbursable Debt in accordance with the
Joe Brick Development Agreement
Don Bailey,Jr.moved to approve the consent agenda excluding a bill for the payment for
printing ofthe public notification of the Casino letter and envelopes,which was located
on page 13,No.01-213500 of the bill list.Darlene Stanton second.Roll call:Ayes:
Bailey,Stanton,Mertz,Gruber,Nays:None.Absent:Peard.Motion carried 4 -0 -1.
Don Bailey,Jr.moved to approve the bill for the payment of the printing of the public
notification of the Casino letter and envelopes,which was located on page 13,No.01-
1
213500 ofthe bill list.Darlene Stanton second.Roll call:Ayes:Stanton,Gruber,Mertz.
Nays:Bailey.Absent:Peard.Motion carried 3 -I -1.
Bill List (09-22-04)
CHECKS ISSUED PRIOR TO COUNCIL APPROVAL 09/27/2004:
JILL ANDERSON 200.00
ARNOLD,RICHARD 14.21
LINDA BURKHART 37.13
CENTRAL IOWA REGIONAL LIB 120.00
CITY OF WAUKEE 64.30
CITY OF WAUKEE 2,009.30
COMMUNICATIONS WORKERS OF AMERICA 342.40
DALLAS COUNTY 116.00
DAVIS,RAYILISA 12.10
EFTPS 35,619.07
GUNN,DIANNE 31.01
HICKORY TECH 2,218.34
IOWA DEPT OF NATURAL RES 1,250.00
IOWA HEALTH SYSTEM 75.00
IOWA RURAL WATER ASSOCIAT 10.00
IOWA STATE UNIV CON FERENC 1,300.00
JERRYS HOMES 28.20
JERRYS HOMES 29.02
JERRYS HOMES 74.42
JASON KUPKA 1,000.00
MADSEN,ROBIN K 10.48
BRANDON MCHOSE 200.00
MEDIACOM 79.95
MID AMERICAN ENERGY 315.69
PRE-PAID LEGAL SERVICE 29.90
JEFF PROHASKA 1,000.00
SHOWTIME ENTERTAINMENT 100.00
SMITH AMUSEMENTS 2,700.00
SUGAR CREEK CLOGGERS 75.00
TREASURER STATE OF IOWA 8,028.41
TREASURER STATE OF IOWA 454.80
TREASURER STATE OF IOWA 2,640.68
UNITED WAY CENTRAL IOWA 40.00
US ENERGY SERVICES INC 170,455.36
US POSTAL SERVICE 37.00
VERDURE DESIGN GROUP LC 3,452.50
WAUKEE STATE -CITY HALL 140.59
WAUKEE STATE -PO P CASH 135.55
WAUKEE STATE-PW PCASH 1,300.00
WEST DES MOINES UMPIRES 336.00
JAMES &HELENA WHITTEMORE 300.00
SHELLY ZIMMERMAN 75.00
TOTAL 236,457.41
UNPAIDS PRESENTED FOR APPROVAL 09/27/2004:
A-D DISTRIBUTING CO INC 220.40
.)
1
I
2
ARAMARK UNIFORM SERVICES
BAKER &TAYLOR BOOKS
BAKER COMMUNICATIONS
BOOKPAGE
BRODERICK ANIMAL CLINIC
BUSINESS COMMUNICATIONS
CARPENTER UNIFORM CO
CENTRAL IOWA REGIONAL LIB
CHECKPOINT SYSTEMS INC
DALLAS COUNTY RECORDER
DALLAS COUNTY TREASURER
DAVIDSON TITLE
DEMCO
DES MOINES WATER WORKS
DRAKE ROOFING
EARL MAY SEED &NURSERY
ELECTRONIC ENGINEERING CO
FASTPRO INTERNATIONAL INC
FIRE SERVICE TRAINING BUR
FIREGUARD
GREENWOOD'S SEWER SERVICE
HAMMER MEDICAL SUPPL Y-CLI
HY-VEE FOOD &DRUG CENTER
ICMA MEMBER SERVICES
INGRAM LIBRARY SERVICES
INTERSTATE ALL BATTERY CE
IOWA MUNICIPAL FINANCE
IOWA ONE CALL
KINKO'S INC
LASER CAR WASH
LEE ENGINEERS &SURVEYORS
DR.JAMES LUCAS
ALICE &CAROLYN MYERS
MID AMERICAN ENERGY
MTCSYSTEMS
OFFICE DEPOT
PITNEY BOWES
PURCHASE POWER
QUALITY FORD OF WDM
QWEST
RECORDED BOOKS LLC
SAM'S CLUB
SIMPLEX GRINNELL LP
THOMSON HEAL THCARE DMS
THOSE INK GUYS
TRILIX MARKETING GROUP
UNITED STATES CELLULAR
UNIVERSAL PRINTING SRV
VISA
WAUKEE AUTO WASH
199.06
136.70
90.00
180.00
180.00
157.00
277.72
6.00
104.89
167.00
1,894.00
199.98
59.36
2,362.50
208.00
50.00
101.43
43.45
125.00
462.00
292.50
20.00
20.18
684.77
1,283.34
27.00
70.00
467.90
120.00
76.00
11,895.00
12.00
631.84
13,461.54
241.25
1,961.27
396.00
1,054.00
209.90
58.05
120.60
175.17
152.00
59.95
73.75
1,791.25
62.55
676.99
26.90
210.00
3
WAUKEE STATE-L1BR CASH
WIRING BY DESIGN INC
TOTAL
(7)Mayor's Report:No report this evening.
(8)Resolution:Approving the purchase of two (2)million gallons of purchase capacity
from Des Moines Water Works Darlene Stanton moved to approve this resolution.Jeff
Mertz second.Don Bailey,Council Liaison to the Utility Committee discussed the
September 21,2004 meeting of the Utility Committee and the reasons for purchase of
capacity rather than the exact amount used.The metropolitan area suburbs have grouped
together to purchase water at a capacity currently greater than most will use.Doing tills
as a group provides the DMWW with operating money to construct water department
infrastructure in the metropolitan area.Currently the two (2)million gallon capacity will
be more than the City of Waukee will need;however,with:in a few years,that amount of
water purchased will be met and eventually exceeded by consumption.In the meantime,
proj ects such as water softening plants,water mains,water towers will be constructed as
and where needed.Roll call:Ayes:Stanton,Mertz,Gruber,Bailey.Nays:None.
Absent:Peard.Motion carried 4 -0 -1.
(9)Public Hearing:On a loan agreement in a principal amount not to exceed
$515,000 for sanitary sewer improvements Mayor Pro Tem Nick Gruber opened the
public hearing.Mark Arentsen indicated that no one had submitted comments in writing
prior to the hearing,Scott Sanders of Public Financial Management (PFM)present to
address a question raised by Council member Bailey.Mayor Pro Tern Gruber closed the
public hearing.
(10)Resolution:Approving a loan agreement in a principal amount not to exceed
$515,000 for sanitary sewer improvements Darlene Stanton moved to approve the
resolution.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz,Bailey,Gruber.Nays:
None.Absent:Peard.Motion carried 4 -0 -1.
(11)Resolution:Approving amendment to the 2001 Waukee Comprehensive Plan
changing the zoning designation from Industrial to Commercial of that portion of
Waukee lying east of R-22,north of Hickman,west of N 6th Street and south of the
north property line of properties owned by Wittern Realty Inc.and by James Coons
Don Bailey,Jr.moved to approve the resolution.Jeff Mertz second.Council member
Bailey asked if property owners included in the re-zoning had been notified of the
change.Planning Director Chad Weaver indicated a letter had been sent to all property
owners.One property owner responded and did not object.Roll call:Ayes:Bailey,
Mertz,Gruber,Stanton.Nays:None.Absent:Peard.Motion carried 4 -0 -1.
(U)Public Hearing:On 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-1A (Limited Industrial District)to C-1 (Community
and Highway Service Commercial District)and amend the official zoning map to show
re-zoning Mayor Pro Tern Gruber opened the public hearing.Mark Arentsen indicated
that the City did not receive anything in writing prior to the public hearing.No one
present wished to address the issue.Mayor Pro Tern Gruber closed the public hearing.
(13)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-1A (Limited Industrial District)to C-1 (Community and Highway Service
Commercial District)and amend the official zoning map to show re-zoning (intro and
189.98
142.00
43,888.17 )
1
J
4
first reading)Don Bailey,Jr.introduced the ordinance.Jeff Mertz moved to have the
first reading in title only.Darlene Stanton second.Roll call:Ayes:Mertz,Stanton,
Bailey,Peard.Nays:None.Absent:Peard.Motion carried 4 -0 -1.Mark Arentsen
read the ordinance in title only.
(14)Resolution:Approving Order of Preparation of detailed plans,specifications,
notice of hearing,notice to bidders and form of contract for the Southfork Culvert
Extension Improvements Jeff Mertz moved to approve this resolution.Darlene Stanton
second.Roll call:Ayes:Mertz,Stanton,Bailey,Gruber.Nays:None.Absent:Peard.
Motion carried 4 -0 -1.
(15)Resolution:Approving detailed plans,specifications,Notice of Hearing,Notice to
Bidders and Form of Contract for the Southfork Culvert Extension Improvements and
setting October 12,2004 as the datefor Receipt of Bids therefore,and setting October
18,2004 as the date for a Public Hearing thereon Darlene Stanton moved to approve
the resolution.Jeff Mertz second.Gabions will be used to support the bank and the
culvert area and prevent the bank from washing away and prevent erosion around the
culvert,Roll call:Ayes:Stanton,Mertz,Gruber,Bailey.Nays:None.Absent:Peard.
Motion carried 4 -0 -1.
(16)Resolution:Approving Order of Preparation of detailed plans,specifications,
notice of hearing,notice to bidders and form of contract for the Sugar Creek Trunk
Sewer and Pumping Station Improvements Darlene Stanton moved to approve the
resolution.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz,Gruber,Bailey.Nays:
None.Absent:Peard.Motion carried 4 -0 -1.
(17)Resolution:Approving detailed plans,specifications,Notice of Hearing,Notice to
Bidders and Form of Contract for the Sugar Creek Trunk Sewer and Pumping Station
Improvements and setting October 18,2004 as the date for Public Hearing thereon
Don Bailey,Jr.moved to approve the resolution.Jeff Mertz second.This proposed hunk
sewer would be able to serve north and west ofR-22 (Ute Avenue),north,east,and south
of the proposed pumping station.Roll call:Ayes:Bailey,Mertz,Stanton,Gruber.Nays:
None.Absent:Peard.Motion carried 4 -0 -1.
(18)Resolution:Approving Site Plan for Rovner Orthodontic Clinic Don Bailey,Jr.
moved to approve the Site Plan for Rovner Orthodontic.Jeff Mertz seconded the motion.
Kent Zarley ofSVPA Architects,1466 28th St.,West Des Moines presented the Site Plan
for this development.Dan Dutcher ofR&R Realty,developer of the project,was also
present.This building is located on the SE comer of University Avenue and Florence
Drive,just west of the school administrative offices,An addition will be added to the
SW comer of the building,when the need arises.Because the building permit will not be
taken out until the spring,the sidewalk bond may be provided the City at that time.An
amendment to the motion stating that a sidewalk bond must be provided prior to the
building permit being issued next spring was moved by Nick Gruber and seconded by
Jeff Mertz.Roll call:Gruber,Mertz,Stanton,Bailey.Nays:None.Absent:Peard.
Motion carried 4 -0 -1.Roll call on the amended motion:Ayes:Bailey,Mertz,Gruber,
Stanton.Nays:None.Absent:Peard.Motion carried 4 -0 -1.
(19)Resolution:Approving Site Plan for Iowa Methodist Medical Clinic Don Bailey,
Jr.moved to approve the resolution.Darlene Stanton second.Gary Reed of Civil Design
Advantage,5501 NW 112th St,Ste G,Grimes representing Regency Commercial
Services was present to discuss the project.Also present was Marty Barkley of
5
Simonson and Associates,12289 Stratford Drive,Clive,Iowa.The site is .928 acres in
size and is Lot 1 of Windfield Commercial,Plat 1.It is located at the SE comer of
Hickman Rd and Warrior Lane and the NE comer of Laurel Ave and Warrior Lane.The
building size is a little over 8,000 sq feet.46 parking spaces have been provided on the
north and west side of the building.A sanitary sewer service is provided from a main
along the west side of the property.The water main is extended from Laurel Ave.on the
south.Storm sewer detention will be provided on the north side of the property.Marty
Barkley began his discussion of the site plan by distributing copies of recently created
elevations or exterior drawings of the building.Staff and council members appeared to
approve of the West and North Elevations where the building is architecturally pleasing
and stimulating.Staff requested Mr.Barkley consider changing the East and South
Elevations so that they are a little more interesting than what is currently presented.The
building is 100%brick (two different shades and stone.There will not be vinyl,EFIS or
any products such as these on the building.)Mark Arentsen asked if the banding could
be continued around the building.Mr.Barkley indicated the changing color of brick was
to have broken up the line along the south and east.Because of staff and council's
dissatisfaction with exterior of the building Council member Stanton suggested that this
Item be brought back at the next meeting.After further discussion,which included
location of air conditioners,height of parapet,south elevation,light fixtures,Council
Member Bailey changed his motion to reflect a postponement of this item until the
October 4,2004 meeting.Jeff Mertz seconded the changed motion.Roll call:Ayes:
Bailey,Mertz,Stanton,Gruber.Nays:None.Absent:Peard.Motion carried 4 -0 -1.
(20)Resolution:Approving Site Plait for Legacy Pointe Townhomes -Phase 2 Don
Bailey,Jr.moved to approve the resolution.Darlene Stanton second.Council member
Bailey indicated he did not have a problem with the staff approving different areas of the
development;but he would request copies of the docmnents be forwarded to the Council.
City Adnllnistrator Mark Arentsen indicated we would do so.No other comments.Roll
call:Ayes:Bailey,Stanton,Gruber,Mertz.Nays:None.Absent:Peard.Motion carried
4-0-1.
(21)Resolution:Approving Site Plan for Williams Pointe Condominiums,revised This
item pulled from the agenda.
(22)Resolution:Approving Final Plat for Westgate Plat 7 Darlene Stanton moved to
approve the resolution.Jeff Mertz second.Melissa Fawley,Civil Engineering
Consultants,2400 86th Street,Urbandale.This is the final phase of Westgate Single
Family.It is located south of Westgate Plat 6,which was approved last year,and east of
the mobile home park,west of the Hawbaker property and north of the Willowbrook
Development.The plat includes a 10 feet wide bike trail,which is currently being
constructed along the south 20 feet of the plat.Public Works Director Jolm Gibson
indicated that those items not completed have been placed on punch list and are to be
completed by October 8,2004.The construction company has bonded for the completion
of these items and is about 213rds done.A maintenance bond for the paving has not been
provided to the City.Mr.Gibson recommended the council approve this Item contingent
on the City receiving a maintenance bond for the paving and also contingent on City
Attorney Paul Huscher's approval ofthe bond before the plat is recorded.Nick Gruber
moved to amend the original motion to include the statement that the Final Plat is
approved contingent upon the City's being provided a City Attorney approved I
6
maintenance bond for the paving.Don Bailey,Jr.seconded.Roll call:Ayes:Gruber,
Bailey,Stanton,Mertz.Nays:None.Absent:Peard.Motion amending the original
motion carried 4 -0 -1.Roll call on the amended original motion.Ayes:Stanton,
Mertz,Bailey,Gruber.Nays:None.Absent:Peard.Motion carried 4 -0 -I.
(23)Ordinance:To amend Section 304.5(M)(7),Waukee Municipal Code,Site Plan
requirements of the City of Waukee,Iowa,by adding language to Subsection 'A'to
eliminate the use of residential-style vinyl or metal siding and to limit the use of metal
paneling as trim material to not more than 10%of any elevation;so that said
Subsection 'A'reads as follows:"All buildings must be designed to include brick,stone
or glass on at least 70%of each elevation.Split face block,EFIS and precast materials
may be used as a secondary material.Residential-style vinyl or metal siding may not be
used.Metal paneling may be used as a trim material and must not make up more than
10%of any elevation.(second reading)Don Bailey moved to have the second reading
in title only.Jeff Mertz second.Mr.Mertz said this ordinance was discussed at the
developer's meeting where no one present objected to the ordinance.Roll call:Ayes:
Bailey,Mertz,Stanton,Gruber,Nays:None.Absent:Peard.Motion carried 4 -0 -1.
Mark Arentsen read the ordinance in title only.
(24)Ordinance:To re-zone Glynn Village from A-I to R-I (Single Family Residential
District),and then to PD-I (Planned Development District)(second reading)Jeff
Mertz moved to have the second reading in title only.Darlene Stanton seconded.Jerry
and Karen Armstrong present to discuss the impact of the proposed development on
Sugar Creek Golf Course.Council member Stanton suggested preventing pets and debris
from being on the golf course by some type of barrier was a valid issue and would be
addressed prior to the third reading of this ordinance.Mr.Rick Tollackson of Hubbell
Realty Company indicated he did not want to construct a fence between the development
and the golf course because his experience indicated it wasn't necessary.This issue was
resolved by everyone agreeing to monitor the situation and to implement some type of
remedy for problems,if and when they occur.Council member Stanton raised the issue
of (1)a revised PD,which showed the green space not being mentioned on the PD -Mr.
Tollackson indicated the PD would be revised;(2)plantings down the middle of the
boulevard -Mr.Tollackson responded by saying the homeowner's association would be
responsible for maintaining the green space in the boulevard;(3)homeowner's
association covenants and the damage resulting from rolled curbs.-Mr.Tollackson
responded that Mr.Gibson had given them two different options and because the City
had requested sidewalks on both sides of the street,one of those options would probably
be adopted and the curbs would be changed.Council member Mertz addressed the street
widths and recommended increased widths for the streets.Further discussion included
over all street widths and parking on the street,weather problems and snow plowing,
slower speed on minor arterial collector.In addition other items including lot size,
setbacks,and conceivable reconfiguration of the boulevard were discussed.Public
Works Director recommended meeting with the developer prior to the October 4th
meeting to discuss outstanding concerns of staff.Roll call:Ayes:Mertz,Stanton,Bailey,
Gruber.Nays:None.Absent:Peard.Motion carried 4 -0 -1.Mark Arentsenread the
ordinance in title only.
7
REPORTS:Reports were presented by Mark Arentsen,Jody Gunderson,Linda
Bnrkhart,John Gibson,John Knrsitis,Chad Weaver,Darlene Stanton,Jeff Mertz,Don
Bailey,Jr.,Nick Gruber.
Mayor Pro Tem Gruber asked for a motion to adjoum.Darlene Stanton moved.Don
Bailey second.Ayes:AlL Nays:None.Motion carried 4-0.
Meeting Adjoumed at 8:15 PM.
C.Paardekooper,Deputy Clerk
Attest:
1
I
8