HomeMy WebLinkAbout2004-10-18-Regular MinutesWAUKEE CITY COUNCIL MINUTES
OCTOBER 18,2004
(1)Call to Order -The regular meeting of the 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 wanted to address an issue not on the agenda.
(5)Agenda Approval-Mayor Oberman indicated that Item 6D was postponed until the
November 1,2004 meeting.Darlene Stanton moved;Jeff Mertz second to approve the
agenda as changed.Ayes:Stanton,Mertz,Bailey,Gruber,Peard Nays:None.Motion
carried 5-0.
(6)Consent Agenda-
A.Approving 09-30-04 Payroll &10-13-04 Bill List
B.Approving 10-04-04 City Council Minutes
C.Approving Certificate of Completion for Westgate Plat 7
D.Approving Payment of Retain age in the amount of $4,582.45 to Reilly Construction
Co.,Inc.for Warrior Park Grading Improvements
E.This item postponed until November meeting
F.Approving Partial Pay Estimate No.4 in the amount of$106,050.82 to Cedar Valley
Corp for work completed on the 2004 University Avenue Widening Project
G.Resolution:Approving Service Proposal from Veenstra &Kimm Engineers for the
Wastewater Treatment Facility Effluent Flow Monitoring
H.Motion:Referring Gilcrest Jewett Site Plan (Revised)to Planning and Zoning
Commission
I.Motion:Setting November 1,2004 as the date for a public hearing 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-I (Agricultural District)to C-4
(Office Park Commercial District);and amend the Official Zoning Map to show re-
zoning (Richard Schwartz property)
J.Motion:Setting November I,2004 as the date for a public hearing to amend Chapter
301.13,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,
"R-3"Multi-Family Residential District,by repealing Section 301.13,and
substituting in lieu thereof Section 301.13 "R-3"(Rental Multi-Family Residential
District),amending specifications and regulations for the R-3 District to allow for
rental occupancy only;providing for the administration and enforcement thereof,
providing for the repeal of all ordinances in conflict therewith;and amending the
official zoning map to include said zoning district
K.Motion:Setting November I,2004 as the date for a public hearing to amend Chapter
301.13,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,to
establish a zoning district to be known as "R-3A"(Owner Occupied Multi-Family
Residential District),providing for the administration and enforcement thereof,
providing for the repeal of all ordinances in conflict therewith;and amending the
official zoning map to include said zoning district I
L.Motion:Setting November 1,2004 as the date for a public hearing to enter into a 12-
month lease agreement with Downing Development for the Storage of City-owned
Equipment
Donald L.Bailey,Jr.moved,Jeff Mertz second to approve all items except 6D.Ayes:
Bailey,Mertz,Peard,Stanton,Gruber.Nays:None.Motion carried 5-0.
Bill List (10-13-04)
CHECKS ISSUED PRIOR TO COUNCIL APPROVAL:
BORDERS BOOK SHOP $
CITY OF WAUKEE
CITY OF WAUKEE
CITY OF WAUKEE WATER SALESMAN
COMMERCIAL FEDERAL BANK
COMMUNICATIONS WORKERS
OFAMERICA
DOWNING DEVELOPMENT LTO
EDM EQUIPMENT CO
EFTPS
MARY A FULLER
GAYLA JAMISON
HAWKEYE STATE FIRE
ICMA RETIREMENT TRUST 457
IOWA ASSOCIATION OF MUNICIPAL UTIL
IOWA DEPT OF NATURAL RESOURCES
IOWA LEAGUE OF CITIES
IOWA PARK &RECREATION ASSOC
IPERS
IPERS -POLICE
MBNA AMERICA BUSINESS CARD
MEDIACOM
MID AMERICAN ENERGY
SAM'S CLUB
TREASURER STATE OF IOWA
UNITED WAY CENTRAL IOWA
US POSTAL SERVICE
VISA
WAUKEE STATE-PW PETTY CASH
TOTALS
UNPAID BILLS PRESENTED FOR APPROVAL:
ALIGNMENT SHOP $594.84
ARAMARK UNIFORM 201.95
ARCHITECTS WELLS KASTNER 1,583.78
AT&T WIRELESS 1,679.83
BAKER &TAYLOR 124.28
BARNES &NOBLE 51.88
BROWN SUPPLY CO 242.01
BRUCE ENGINE 106.35
SCOTT BURKE 30.00
C J COOPER &ASSOC 196.00
CAPITAL CITY EQUIPMENT 40.04
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57.49
1,445.00
596.80
3,519.40
198.03
$
342.40
9.28
595,000.00
24,378.11
15.15
22.00
195.00
3,279.43
315.00
1,250.00
20.00
76.00
14,353.37
10,266.04
470.85
79.95
1,078.21
38.20
11,000.56
40.00
1,025.38
507.75
150.00
669,729.40
CARPENTER UNIFORMS 205.84
CFI TIRE SERVICE 62.50
c )CITY OF WAUKEE 1,307.61
CLASSIC FLORAL 84.85
CRYSTAL CLEAR WATER 19.90
DAHL AIR CONDITIONING 632.69
DALLAS COUNTY 27.00
DAVIDSON TITLE 60.90
DEMCO 83.96
DENMAN &COMPANY 13,000.00
DES MOINES REGISTER 2,464.28
DES MOINES REGISTER 33.52
DES MOINES WATER WORKS 34,603.60
DL T SOLUTIONS 235.00
ED M FELD EQUIPMENT 55.00
ELECTRONIC ENGINEERING 32.00
EMERGENCY MEDICAL EQUIP 82.50
ENERGY ECONOMIC 47.86
FASTPRO INTERNATIONAL 44.85
FOREMOST PROMOTIONS 208.98
THE GALE GROUP 184.46
GALL'S INC 219.96
GARETH STEVENS 73.96
KEITH GEHRING 230.00
GROEBNER &ASSOCIATES 823.36 IHARMONAUTOGLASS35.00
HEARTLAND CO-OP 5,925.20
HELVY PROMOTION 301.65
HIGHSMITH COMPANY 212.87
HY-VEE FOOD 128.71
IMAGING TECHNOLOGY 284.63
INDUSTRIAL SALES 33,166.34
INGRAM LIBRARY 948.02
INTERSTATE ALL BATTERY 91.28
IOWA ASSOCIATION 354.00
IOWA DEPT OF TRANSPORTATION 628.65
IOWA METHODIST 168.25
IOWA SIGNAL 150.00
IOWA WORKFORCE
DEVELOPMENT 1,684.09
IWPCA 30.00
KRISHNA ENGINEERING 1,010.13
LANDS END BUSINESS
OUTFITTERS 618.50
LASER CAR WASH 42.00
LAW ADVISORY GROUP 179.00
LAWSON PRODUCTS 57.17
LEE ENGINEERS 7,765.96 ILOGANCONTRACTOR326.54
MAINSTAY SYSTEM 228.00
MARTIN MARIETTA 549.61
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MENARDS
METEORLOGIX
MID AMERICAN ENERGY
MID AMERICAN ENERGY
MID AMERICAN ENERGY
MID AMERICAN ENERGY
MID STATES FORD
MIDLAND COMPUTER
MIDWEST ENVIRONMENTAL
MUELLER PIPE LINER
MUNICIPAL SUPPLY
MURPHY TRACTOR
NAPA AUTO PARTS
NATIONAL WATERWORKS
NES -TRAFFIC SIGNS
NEWMAN TRAFFIC
NORWALK READY MIX
OFFICE DEPOT
OLSON BROTHERS
THE PERRY CHIEF
PLUMB SUPPLY CO
POINTBLANK
POSTIVE PROMOTIONS
PRAXAIR DISTRIBUTING
PRESS CITIZEN
QUALITY ENGRAVE
RACO MANUFACTURING
RAK INDUSTRIES
RECORDED BOOKS
ROURKE PUBLISHING
SA-SO
SAFETY TODAY
SAGEBRUSH TECHNOLOGY
SELECT OFFICE SYSTEMS
SIMPLEX GRINNELL
STANDRIDGE GROUP
STOREY-KENWORTH
TEAM TWO INC
TOYNE INC
TRILIX MARKETING
TRIPLETT OFFICE
UNITED RENTALS
UNIVERSAL PRINTERS
UNIVERSITY OF IOWA
US ENERGY SERVICE
USA BLUE BOOK
VAN-WALL EQUIPMENT
VEENSTRA &KIMM
VERIZON WIRELESS
GRAINGER PARTS
2,300.07
253.61
21.01
42.53
270.42
127.52
1,247.09
450.00
354.00
5,794.27
1,724.20
16.42
346.76
14,995.32
310.80
922.00
484.75
558.63
623.88
31.00
226.05
110.00
638.48
334.45
604.14
3.00
1,030.00
498.63
117.40
109.60
43.14
63.25
108.85
203.00
797.50
750.00
234.00
990.81
2,371.38
3,157.50
1,567.57
780.00
766.00
298.00
170,211.88
388.64
89.25
15,472.19
28.80
2,456.52
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WASTE MANAGEMENT 30,105.64
WAUKEE AUTO WASH 210.00
WAUKEE HARDWARE 804.09
WAUKEE STATE-L1BR 158.70
WEBSTER ELECTRIC 440.92
WEST DES MOINES 350.00
WILLIAMS TURF FARM 735.00
WILSON BROTHERS 8,000.00
TOTALS $390,689.80
(7)Mayor's Report:Developer's Roundtable,Candidate Forums,Dallas County
Mayor's Meeting,Ribbon cutting for Short,Harris &Co.and Mustang Media
(8)Presentation:Dallas County Hospital CEO Laurie Connor explaining Proposition
B which would permit contracting with a private developer to construct a connecting
wing between the existing hospital and the existing University of Iowa Perry Clinic at
no additional increase in taxes Ms.Connor brought this issue before the Mayor and
Council of Waukee so that more voters would be aware ofthe Hospital's dilemma.The
Hospital wishes to construct a south addition on land they own,which would also be a
connecting wing between the hospital and a clinic.Because the Dallas County Hospital
is a public hospital,the laws of the State ofIowa require that voter approval is necessary
if land was received by purchase as opposed to being received by gift,and then used for
hospital purposes.Ms.Connor was here to explain the need for the public referendum.
(9)Resolution:Approving Conlin Properties'Application for Tax Credit for Lot 5
Windfield Multi-Family Plat 2 Darlene Stanton moved to approve the resolution.Jeff
Mertz second.Mr.Jim Conlin,Conlin Properties,Des Moines,Iowa,present to address
the concerns of Council indicated he did not think he was responsible for constructing the
curb,gutter,storm sewer and extended paving on that portion of Warrior Lane abutting
his property.The cost of such a project would be approximately $48,000 to $50,000.He
also stated he would prefer the Council not approve the resolution as written because he
felt it would obligate him to proceed with the construction of the street even though he
might not receive the tax credits needed to make construction profitable.A majority of
the Council felt the additional street construction had been discussed in previous
meetings,was part of the Waukee policy concerning development and street construction
and should be required as part ofthis request.Roll call:Ayes:Mertz,Gruber,Peard.
Nays:Stanton,Bailey.Motion carried 3 -2.
(10)Resolution:Approving Sale of Library Property located at 500 6'"Street and
setting January 12,2005 as the date for receipt of bids therefore and setting January
17,2005 as the date for hearing and letting thereon Don Bailey,JI.moved to approve
the sale ofthis property.Jeff Mertz second.Brief discussion.Roll call:Ayes:Bailey,
Mertz,Peard,Gruber,Stanton.Nays:None.Motion carried 5 -O.
(11)Public Hearing:On plans and specifications,proposed form of contract and
estimate of cost for construction of Southfork Culvert Extension Improvements Mayor
Oberman opened the public hearing.City Administrator Mark Arentsen indicated that
the City had not received any written comments prior to the meeting.No one present
wished to address the council on this issue.Mayor Oberman closed the public healing.
(12)Resolution:Finally approving and confirming detailed plans,specifications,
estimate of cost and form of contract for Southfork Culvert Extension Improvements I
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Nick Gruber moved to approve the resolution.Jeff Mertz second.Roll call:Ayes:
Gruber,Mertz,Stanton,Peard,Bailey.Nays:None.Motion carried 5 -O.
(13)Resolution:Approving Awarding Contract to Peterson Contractors for Southfork
Culvert Extension Improvements in the amount of $120,976 Nick Gruber moved to
approve the resolution.Jeff Mertz second.City Engineer Mik Briedis stated Peterson
Contractors are a large construction company from Reinbeck,IA.He indicated they were
a quality contractor who usually contracts for bigger proj ects than this one.Roll call:
Ayes:Gruber,Mertz,Stanton,Peard,Bailey.Nays:None.Motion carried 5 -O.
(14)Public Hearing:On plans and specifications,proposed form of contract and
estimate of cost for construction of Sugar Creek Trunk Sewer and Pumping Station
Improvements Mayor Oberman opened the public hearing.No written comments were
received prior to the meeting.Dave Clark of 3169 Waco Place asked where the pump
station and sewer line would be located.
(15)Resolution:Finally Approving and Confirming detailed plans,specifications,
estimate of cost and form of contract for Sugar Creek Trunk Sewer and Pumping
Station Improvements Darlene Stanton moved to approve.Jeff Mertz second.Roll call:
Ayes:Stanton,Mertz,Bailey,Peard,Gruber.Nays:None.Motion carried 5 -O.
(16)Resolution:Approving Awarding Contract to Synergy Contracting for Sugar
Creek Trunk Sewer and Pumping Station Improvements in the amount of $861,198
Nick Gruber moved to approve the resolution.Darlene Stanton second.Roll call:Ayes:
Gruber,Stanton,Peard,Bailey,Mertz.Nays:None.Motion carried 5 -O.
(17)Resolution:Approving Final Plat for Willow Brook Plat 2 Darlene Stanton moved
to approve the final plat.Nick Gruber second.Melissa Fawley ofCEC,2400 86th St.,
Urbandale,was present to discuss the project.This is the second plat in this project and
contains 33 single family lots and two outlots which will become Willowbrook Plats 3
and 4.Public Works Director John Gibson indicated that forty (40)feet ofwatermain
remained to be installed and that the approval of this plat should be contingent on the
contractor providing the City with a bond to cover unfinished work.Nick Gruber moved
to amend the motion to include the purchase of a bond to cover the unfinished 40'
watermain.Darlene Stanton second.Roll call on the amendment to the motion:Ayes:
Gruber,Stanton,Bill Peard,Don Bailey,Jeff Mertz.Nays:None.Motion carried 5 -O.
Roll call on the amended motion:Stanton,Gruber,Mertz,Bailey,Peard.Nays:None.
Motion carried 5 -O.
(18)Resolution:Approving Final Plat for Legacy Pointe Plat 3 Don Bailey,Jr.moved
to approve the Final Plat for Legacy Pointe Plat 3.Jeff Mertz second.Brad Uitermarkt
with Garden &Associates representing Ewing Development was present to answer
questions concerning this project.PW Director John Gibson indicated the walk through
of the project had not been completed.There are several very minor items to be finished.
Corell Contractors,Inc.has provided a cash bond of $5,000 to cover these items.Nick
Gruber amended the motion to include approval of the Final Plat contingent on all clean-
up work being completed by Friday.Jeff Mertz seconded the amendment to the motion.
Planning Director Chad Weaver requested that Council approve this item contingent on
the resolution of language which would permit public access to Lot A.Nick Gruber
added that contingency to the motion amending the original motion.Jeff Mertz second.
Roll call on the amendment to the motion which included clean-up work to be completed
by Friday and resolution of language,which would permit public access to Lot A:Ayes:
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Gruber,Mertz,Bailey,Peard,Stanton.Nays:None.Motion carried 5 -O.Roll call on
the amended motion:Ayes:Bailey,Mertz,Gruber,Stanton,Peard.Nays:None.Motion
carried 5 -O.
(19)Resolution:Approving Major Street Plan for the City of Waukee Darlene Stanton
moved to approve the Street Plan.Jeff Mertz second.Council members Gruber,Peard
and Bailey praised the concept and the plan,which will provide land owners and
developers with an idea of where the City of Waukee wonld like to see streets and how
the City views those streets in terms oftraffic connt and usage.After some discussion
concerning the labeling and use of Third and Fourth Streets from Ashworth Drive to
Northview,Council member Bailey moved to amend the motion approving the map by
identifying Third Street between Ashworth Drive and Northview as a Minor Collector
and identifying Fourth Street from Ashworth Drive to Northview as a neighborhood
street.Nick Gruber seconded the motion.Planning Director Chad Weaver also indicated
that this Plan would also help developers identify road widths and access points.Roll
call on amendment:Ayes:Bailey,Gruber,Peard,Mertz,Stanton.Nays:None.Motion
carried 5 -O.Roll call on amended motion:Ayes:Mertz,Stanton,Peard,Bailey,Gruber.
Nays:None.Motion carried 5 -O.
(20)Ordinance:To amend Chapter 104 of the City of Waukee Municipal Code,
Boundaries of the City of Waukee,by deleting said Chapter and replacing in lieu
thereof'a revised Chapter 104 legally describing the Waukee corporate limitsfor the
purpose of updating the legal description of the boundaries of the City of Waukee,
Iowa as of October 2004 Jeff Mertz introduced the ordinance.Darlene Stanton moved
to have the first reading in title only,waive the second and third and place this ordinance
on its final passage.Don Bailey,Jr.second.Roll call:Ayes:Stanton,Bailey,Mertz,
Peard,Gruber.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in
title only.Mayor Oberman declared the ordinance passed and duly adopted.
(21)Ordinance:To amend Chapter 106,Waukee Municipal Code,Posting Places,by
deleting Chapter 106 and inserting in lieu thereof a revised Chapter 106 for the
purpose of updating places for public posting of agendas or other public notices,
required or permitted to be posted by law;and providing for a penalty for unlawful
removal of suclt notices Nick Gruber introdnced the ordinance.Don Bailey,Jr.moved
to have the first reading in title only.Bill Peard second.Brief Discussion.Roll call:
Ayes:Bailey,Peard,Gruber,Stanton,Mertz.Nays:None.Motion carried 5-O.Mark
Arentsen read the ordinance in title only.
(22)Ordinance:To amend Chapter 102,(1988)Waukee Municipal Code,Re-adopting
the Waukee Municipal Code as the 1988 Waukee Municipal Code,by stating that the
1988 Waukee Municipal Code,as currently submitted,is to be known as the Waukee
Municipal Code and so identified now and in the future and by deleting Sections 102.1
through 102.6 of said Chapter and inserting in lieu thereof Sections 102.1 through
102.4 for the purpose of updating all references to the Waukee Municipal Code in
Chapter 102 Darlene Stanton introduced the ordinance.Nick Gruber moved to have the
first reading in title only,waive the second and third reading and place this ordinance on
its final passage.Jeff Mertz second.Roll call:Ayes:Gruber,Mertz,Stanton,Bailey,
Peard.Motion carried 5 -O.Mark Arentsen read the ordinance in title only.Mayor
Oberman declared the ordinance passed and dnly adopted.
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(23)Discussion:On Sidewalk Maintenance,Repair and Installation Program
Discussion of the University Avenue sidewalk installation program.Council member
Bailey requested that a letter be sent to those individuals who are not taking advantage of
the sidewalk installation currently taking place,to inform them ofthe availability of that
option and of the cost comparison with the City's proposed plan,which will go into effect
next year for all those property owners who do not yet have a sidewalk installed.Council
members Gruber and Mertz approved of the program.Council member Stanton
suggested that wording changes occur in the definition of repair vs.new sidewalks.
Council member Bailey began a discussion relative to the merits and availability ofLMI
(lower and moderate income)benefits available to individuals in the City of Waukee.
The state has established a 39%rate for the City ofWankee,which basically means that
potential LMI funds recipients would be eligible for fewer dollars than someone living in
a poorer community in Iowa.The City could establish a separate program;but would be
funding that program as opposed to receiving funds from the state.Council member
Bailey requested a report giving general LMI information and outlining qualifications
necessary to receive such funds.Council member Stanton requested that we put in our
next water bill a note reminding individuals not to deposit snow removed from driveways
or sidewalks onto City streets.In addition Ms.Stanton would like to offer phone
numbers of individuals or organizations who would be willing to assist those unable to
remove the snow from their sidewalks or driveways in the same notice.Council member
Bailey would like information as to the total amount of LMI funds available to the City of
Waukee,when those funds would be available;and what other funds would be available
and how they would be available in the interim.Consideration will be given to all of
council members'concerns or requests discussed or mentioned in the meeting.
(24)Resolution:Approving a Loan Agreement and providing for the sale and issuance
of $1,750,000 General Obligation Corporate Purpose Bonds,Series 2004C,and
providing for the levy of taxes to pay the same Nick Gruber moved to approve this loan
agreement.Jeff Mertz second.Jon Burmeister of Public Financial Management (PFM)
reported on the sale of the bonds during the day of this council meeting.Twelve different
underwriters from five states participated in an attempt to purchase the City's general
obligation bonds.Five bids were submitted with proposed true interest rates ranging
from 3.5021 %to 3.6721 %.Low bidders were Bankers'Bank from Madison,Wisconsin
along with Waukee State Bank.$1,235,000 will be abated or paid for from the debt
service levy and $515,000 will be abated from the sewer fund.Mr.Burmeister
recommended that the Waukee City Council award the $1,750,000 General Obligation
Corporate Purpose Bonds,Series 2004C to Bankers'Bank of Madison,Wisconsin along
with Waukee State Bank at a true interest rate oB.5021 %.This bond sale will not affect
the debt service levy for the City of'Waukee,The current debt service rate in 2005 at
$3.32 per $1,000 will remain the same.Council member Bill Peard indicated
appreciation of the Waukee State Bank for the aggressive rates they have extended to the
City through the years.Roll call on the motion to approve awarding the $1,750,000
General Obligation Corporate Purpose Bonds,Series 2004C to Bankers'Bank of
Madison,Wisconsin along with Waukee State Bank,Waukee,Iowa at a true interest rate
of3.5021 %:Ayes:Gruber,Mertz,Bailey,Peard,Stanton.Nays:None.Motion carried
5-0.
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REPORTS:Reports were given by Mark Arentsen,Cathy Paardekooper,Jody
Gunderson,Linda Burkhart,John Gibson,Mik Briedis,Chad Weaver,Darlene Stanton,
Bill Peard,Jeff Mertz,and Nick Gruber.
Mayor Oberman asked for a motion to adjourn.Nick Gruber moved.Jeff Mertz second.
Ayes:All.Nays:None.Motion carried 5-0.
Meeting Adjourned at 8:45 PM.
C.Paardekooper,Deputy Clerk
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Attest:
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