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HomeMy WebLinkAbout2004-11-15-Regular MinutesWAUKEE CITY COUNCIL MINUTES NOVEMBER 15,2004 (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.,J effV.Mertz and Darlene Stanton.Council member Bill Peard was absent. (4)Open Forum -No one present wished to address the council on an issue not on the agenda. (5)Agenda Approval-Mayor Oberman indicated that Item 19 would be moved to Item 7A.Darlene Stanton moved;Nick Gruber seconded to approve the agenda as modified. Ayes:Stanton,Gruber,Bailey,Mertz.Nays:None.Absent:Peard.Motion carried 4 -0 -1. (6)Consent Agenda- A.Approving 10-29-04 Payroll &11-10-04 Bill List B.Approving 11-01-04 City Council Minutes C.Approving Class C Liquor License including Sunday Sales and Outdoor Service for Rube's illhlC.DBA Rube's ill D.Approving Class C Beer Permit including Sunday Sales for Casey's Marketing Company DBA Casey's General Store #2179 E.Approving Class C Beer Permit including Sunday Sales for Valley West Waukee, Inc.DBA J.C.'s Corner Store F.Approving Class C Beer Permit including Sunday Sales and Class B Wine Permit including Sunday Sales for Kurn &Go,L.c.DBA Kum &Go #75 G.Approving Retail Cigarette Permit for Kum &Go,L.C.DBA Kum &Go #75 H.Approving Payment Estimate No.5 to Cedar Valley for University Avenue Widening Improvements in the amount of$126,105.64 1.Approving Change Order No.6 for University Avenue Widening Improvements increases the contract in the amount of $4,400.00 J.Approving Change Order No 7 for University Avenue Widening Improvements increases the contract in the amount of$5,696.13 K.Resolution:Approving Certificate of Completion fur Legacy Pointe Plat 3 L.Resolution:Approving Certificate of Completion for Willow Brook Plat 1 M.Resolution:Approving Certificate of Completion for Willow Brook Plat 2 N.Motion:Setting December 6,2004 as the date for a public hearing on an amendment to Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee, Iowa,by re-zoning certain property therein from R-3 (Multi-Family Residential District)and R-4 (Row Dwelling and Townhome Dwelling District)to R-2 (One and Two Family Residential)and R-4 (Row Dwelling and Townhome Dwelling District) (Willow Brook Plats 1 and 2) Don Bailey,Jr.moved to approve Items A through E and Items H through N.J eff'Mertz second.Roll call:Ayes:Bailey,Mertz,Stanton,Gruber.Nays:None.Absent:Peard. Motion carried 4 -0 -1. Don Bailey,Jr.moved to approve Items F and G.Nick Gruber seconded the motion.Mr. Bailey indicated that it was his understanding that the school had requested that the Kum &Go sell no alcoholic or tobacco related product in the convenience store to be built at the comer ofL.A.Grant Parkway and SE University Ave.Council member Gruber said he recalled the school requesting no tobacco or alcohol related signs in the window.Mr. Bailey stated he was voting against this item.Roll call:Ayes:Gruber,Stanton,Mertz. Nays:Bailey.Absent:Peard.Motion carried 3 -1 -1. Bill List (11-10-04) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL: CITY OF WAUKEE CITY OF WAUKEE CLASSIC FLORAL &GIFTS CLOUSER PLUMBING TECH COMMERCIAL FEDERAL BANK COMMUNICATIONS WORKERS OF DALLAS COUNTY TREASURER DANIEL HOWELL EFTPS HANSEN CONSTRUCTION ICMA RETIREMENT TRUST 457 IPERS IPERS -POLICE MORTGAGE ELECTRONIC REG SYSTEM MUNRO CONSTRUCTION CO POLK COUNTY SHERIFF RAY JAMES TREASURER STATE OF IOWA UNITED WAY CENTRAL IOWA US POSTAL SERVICE XENIA RURAL WATER DISTR TOTALS UNPAID BILLS PRESENTED FOR APPROVAl 6105289 CANADA INC. A GAME SPORTS AL CAREY LANDSCAPE ALCOPRO DRUG & ALCOHOL ALIGNMENT SHOP ALLIANCE MEDICAL AMERICAN METER COMP ANNEAR POWER EQUIPM ARAMARK UNIFORM SERICES ASI-MODULEX AT&T WIRELESS AUDIOVISUAL INC BAKER &TAYLOR BOOK BAKER COMMUNICATION BANKERS TRUST COMPANY BANKERS TRUST COMPANY 201.95 36.69 1,982.23 4,647.66 98.30 75.64 600.00 301,112.51 25.49 66.00 845.20 51.00 1,639.90 363.75 86.75 415.00 $1,445.00 667.92 125.00 150.00 80.45 342.40 10.00 20.00 21,648.72 100.00 2,551.65 11,481.47 8,405.85 21.21 150.00 46.76 350.00 8,641.40 40.00 1,041.22 161.60 $57,480.65 } 2 BOB'S MOBILE TOILET BORDERS BOOK SHOP C J COOPER &ASSOCI CAPITAL CITY EQUIPM CARPENTER UNIFORM CENTRAL IOWA REGION CITY OF WAUKEE CITY OF WAUKEE JOHN &EMILY CLARK CLASSIC FLORAL &GIFTS CONTINENTAL RESEARCH CRESCENT ELECTRIC CROSSROADS AG JERRY CROW DAKOTA AMMO INC DALLAS COUNTY NEWS DEMCO DES MOINES REGISTER DES MOINES WATER WORKS ED M FELD EQUIPMENT ELECTRONIC ENGINEERING FAREWAY STORES FASTPRO INTERNATIONAL FIRE SERVICE TRAINING GALL'S INC GROEBNER &ASSOCIATES HALLETT MATERIALS HALVORSON TRANE HARPER BRUSH WORKS HAWKEYE TRUCK EQUIP HEARTLAND AG-BUSINESS HEARTLAND CO-OP HEARTLAND FLAGPOLES HEWLETT-PACKARD COM HOWE,RICHARD J ROGER &DIANE HUMPHREY HY-VEE FOOD &DRUG INDUSTRIAL SALES CO INGRAM LIBRARY SERVICES INSTITUTE FOR DECISION INTERSTATE BATTERY IOWA ASSOCIATION OF IOWA FARM BUREAU IOWA SIGNAL &ELECTRIC JUSTEX SYSTEMS INC KINMAN GLASS KNESS SIGNS KIRK KOPPENHAVER LEE ENGINEERS LEE WAYNE CORPORATION 60.00 54.75 226.00 270.40 202.42 703.50 6,940.00 1,980.75 1,056.08 70.00 728.38 20.20 122.50 1,129.76 229.00 388.84 88.72 86.50 29,666.80 131.67 32.00 59.70 77.85 150.00 94.98 1,136.50 915.29 86.00 158.00 427.93 17.50 7,068.38 89.50 22.00 675.40 1,013.10 19.70 8,205.64 1,107.69 1,000.00 391.09 45.00 10.00 150.00 129.00 392.30 400.00 75.00 3,415.50 238.61 3 MEC CONSTRUCTION 2,937.14 1 MEDIACOM 79.95 MENARDS 55.39 METEORLOGIX 1,428.00 MID AMERICAN ENERGY 1,029.00 MID IOWA SALES COMP 236.60 MID LAND EQUIPMENT 88.86 MID STATES FORD INC 3,440.17 MID STATES SUPPLY 1,188.60 MIDLAND COMPUTER 289.40 MIDWEST ENVIRONMENT 378.00 MIDWEST L &I INC 333.68 MUELLER PIPE LINERS 14,876.46 MUNICIPAL SUPPLY 3,029.30 MURPHY TRACTOR &EQ 45.60 NAPA AUTO PARTS 1,846.79 NATIONAL EQUIPMENT 2,107.74 NATIONAL LEAGUE OF CITIES 1,193.00 NATIONAL WATERWORKS 528.84 NEWMAN TRAFFIC SIGN 5,608.86 NOGG CHEMICAL &PAPER 377.62 NORTH DALLAS SOLID WASTE 8,132.00 OFFICE DEPOT 789.45 1OLSONBROTHERS934.20 RON OLSON 552.60 OLSON'S BODY &PAINT 195.00 PLUMB SUPPLY COMPANY 159.74 PORTER-BOWERS SIGN 640.50 PRAIRIE I-NET 149.85 PRAXAIR DISTRIBUTION 81.73 PRESS CITIZEN SHOPPER 545.14 PUCKETT TOOLS 118.49 CONRAD ROSS 1,019.24 SCHILDBERG CONSTRUCTION 1,848.28 SELECT OFFICE SYSTEMS 609.00 SIMPLEX GRINNELL LP 140.00 TEAM TWO INC 173.64 THOSE INK GUYS 41.95 TRILIX MARKETING GROUP 8,521.50 TRUCK EQUIPMENT INC 675.00 UNIVERSAL PRINTING 766.00 US ENERGY SERVICES 114,363.78 USA BLUE BOOK 378.51 VAN-WALL EQUIPMENT 151.95 VERIZON WIRELESS 28.80 "1 WASTE MANAGEMENT 27,998.64 WAUKEE HARDWARE 853.68 WAUKEE STATE-L1BR CASH 313.79 4 WAYNE MANUFACTURING WELLS FARGO BANK WEST DES MOINES WATER WILLIAMS POINTE DEV ZIEGLER INC TOTALS 1,169.90 40,634.42 34,506.09 4,244.09 124.09 675,968.05 (7)Mayor's Report:The mayor hosted the Developers'Roundtable on 11/08/04.The Roundtable is progressing into an important discussion group for ideas and development ideas for the City of Waukee.The mayor also met with the Mid-IA Association of Local Governments and attended a Character Counts Luncheon Meeting.The mayor thanked all those who volunteered to participate on committees,boards and commissions during the coming year(s).Recommendations to fill vacancies on and appointments to these will be completed in January.The Council will be touring the City of Waukee on Monday evening to determine the extent of light spillage in the community, (7a)Proclamation:Proclaiming November 14 -20,2004 as National Hunger and Homelessness Awareness Week Mayor Oberman read the proclamation for National Hunger and Homeless Awareness Week and introduced Marilyn Mueller,J.D.,Simpson College professor.Ms.Mueller,who with her husband has been a long time Waukee area resident,shared some statistics on hunger and homelessness in the United States with the Council.Over 31 million people live in poverty in the United States.About 3.5 million people of those each year experience homelessness sometime during the year. 40%of all people living in poverty are children.Of that percentage 25%experiencing homelessness are children.20%of those who are homeless,work.22%of adults who are homeless are mentally disabled.11%ofthe homeless are veterans and of these homeless veterans,34%have alcohol and drug dependencies.Almost 50%ofthe homeless women and children and fleeing from domestic violence.Ms.Mueller encouraged the council to consider these statistics as they make decisions throughout the commg year. (8)Public Hearing:On an amendment to 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 R-2 (One and Two Family Residential District)Hemingway Property Mayor Oberman opened the public hearing. City Administrator Mark Arentsen stated that written comments were not received prior to the hearing.Noone present wished to address the Council with respect to this issue. Mayor Oberman closed the public hearing. (9)Ordinance:On an amendment to 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 R-2 (One and Two Family Residential District)Hemingway Property (intro and first reading)Nick Gruber introduced the ordinance.Jeff Mertz moved to have the first reading in title only.Darlene Stanton second.Roll call:Ayes:Mertz,Stanton,Bailey,Gruber.Nays:None.Absent:Peard. Motion carried 4 -0 -1. (10)Resolution:Approving Site Plan for Warrior Plaza,Phase 3 Mr.Ed Arp of Civil Engineering Consultants was present to discuss the project.This project is the [mal phase of Warrior Plaza and will be located south ofJ.C.'s Comer and west ofFareway. The developer is hoping to finalize site work during the fall and winter.However,much 5 discussion occurred in a recent P&Z meeting where approval of the Site Plan passed contingent on a number of items being corrected or finished prior to approval by Council. Some ofthose items are yet to be finalized.Council member Bailey thought this item should not have been placed on the agenda until issues concerning this item had been addressed.After several comments by council members and staff,Council member Nick Gruber moved to approve the Site Plan including split face or solid brick on the east end, a parapet extending around the east end to the NE comer and screening on all sides of the rooftop.There was no second to this motion.Council member Darlene Stanton moved to have this item on Monday,November 22,2004 at 6:30 PM.A second by Jeff Mertz apparently was not heard.Council member Nick Gruber moved that several conditions be part of this motion.There was no second.City Attorney Paul Huscher recommended not taking any action and placing the item on the next agenda,if the developer and City staff have worked through existing problem areas,No action was taken on this item. (11)Resolution:Approving Preliminary Plat for Hemingway Property Don Bailey,Jr. moved to approve the Preliminary Plat for Hemingway Property.Nick Gruber second. Council member Stanton asked whether the Park Land issue had been resolved.City Administrator Mark Arentsen indicated that although the decision concerning park land had not been finalized,the City staff and developer are in agreement that the developer will provide funds for the development of parkland in the general area of Hemingway Property.Council member Bailey inquired as to why the Preliminary Plat for Hemingway Property was being presented to the Council for approval prior to approving the ordinance re-zoning the property from A-I to R-2.City staff indicated they were trying to accommodate the developer of Hemingway Property;so site work could be completed this fall and early winter.Community Development Director J ody Gunderson stated that attempts to work with this developer were delayed due to the annexation issues along L.A.Grant Parkway.The Hemingway property was not in the corporate limits of the city when discussion concerning its development first began.Roll call:Ayes:Bailey, Gruber,Mertz,Stanton.Nays:None.Absent:Peard.Motion carried 4 -0 -1. (12)Resolution:This Item was removed from the agenda prior to the meeting. (13)Resolution:Approving Grace Woods Development Agreement Darlene Stanton moved to approve.Jeff Mertz second.Includes an agreement with the developer that he will pave a country cross section consisting of 325 feet of gravel roadway that lies south of Grace Woods Development and bill the city for those improvements to the 325 feet. Because the developer is also paving the portion of Warrior Lane adjacent to his development,the agreement allows the City to piggy-back on the developer's project and pave an area of Warrior Lane that was not paved when Sunrise Meadows Plat 1 was developed.Council member Bailey thinks that an improvement such as this one,which will cost $62,000 to $64,000 ofTIF Rebate Funds,should be a project bid and let by the City and for that reason will vote against this resolution,City Administrator Mark Arentsen stated if the project were bid,the cost of the 325 feet of paving would increase beyond what is proposed.Council member Bailey also raised the issue ofthe crest at the north end ofthe improvement.He suggested that this portion of the road be knocked down.However,the surrounding land would also need to be lowered,which is not part of the developer's plan.Council member Mertz stated he supported the proposal.Jim Hermann of 3111 V Avenue asked if this proposal was similar to his situation during annexation discussions.After some discussion,Mayor Oberman suggested that City staff ] 6 and Mr.Hermann discnss this further so that all of Mr.Hermann's questions and concerns might be addressed.Roll call:Ayes:Stanton,Mertz,Gruber.Nays:Bailey. Absent:Peard.Motion carried 3 -1 -1. (14)Resolution:Approving 12/20/04 as the date for public hearing on consolidation of urban renewal area Darlene Stanton moved to approve the resolution.Nick Gruber second.Council member Bailey stated he felt the resolution should have been part of the packet before Monday evening and he wasn't convinced that the consolidation was necessary.For those reasons he was voting against this resolution.City Administrator Mark Arentsen explained the consolidation was intended to increase the flexibility for use of funds available from the three TIP areas.Roll call:Ayes:Stanton,Gruber,Mertz. Nays:Bailey.Absent:Peard.Motion carried 3 -1 -1. (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- I (Agricultural District)to C-4 (Office Park Commercial District);and amend the Official Zoning Map to show re-zoning (Richard Schwartz Property)(second reading) This item was withdrawn from the agenda with the understanding that re-zoning of the property could be brought back to the council in the future. (16)ORDINANCE: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 (second reading) Darlene Stanton moved to have the second reading in title only.Nick Gruber second. Roll call:Ayes:Stanton,Gruber,Bailey,Mertz.Nays:None.Absent:Peard.Motion carried 4 -0 -1.Mark Arentsen read the ordinance in title only. (17)ORDINANCE: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 (second reading)Nick Gruber moved to have the second reading in title only.Don Bailey,Jr.second.Roll call:Ayes:Gruber,Bailey,Stanton,Mertz.Nays:None. Absent:Peard.Motion carried 4 -0 -1.Mark Arentsen read the ordinance in title only. (18)Resolution:Approving Alice's Road Corridor Plan The Council requested this item be discussed in a workshop setting prior to approving.A workshop session will be scheduled for November 29,2004. (19)Proclamation:Proclaiming November 14 -20,2004 as National Hunger and Homelessness Awareness Week This item was moved to Item 7a. REPORTS:Reports were presented by Mark Arentsen,Jody Gunderson,John Gibson, Mik Briedis,Chad Weaver,Paul Huscher,Darlene Stanton,Jeff V,Mertz,Don Bailey, Jr.and Nick Gruber. At this time Mayor Oberman asked for a motion to adjourn.Nick Gruber moved.Jeff Mertz second.Ayes:All.Nays:None.Motion carried 4-0. Meeting Adjourned at 8:00 PM. 7 Prepared by C.Paardekooper,Deputy Clerk I~ Attest: 1 8