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HomeMy WebLinkAbout2005-05-16-Regular MinutesWAUKEE CITY COUNCIL MINUTES MAY 16,2005 ) (1)Call to Order -The regular meeting of the Waukee City Council was called to order by Mayor Obe11113nat 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 and Darlene Stanton.Council member Peard absent. (4)Open Forum -(1)Cheryl Goodall of3320 Ashworth Road,who is a Director of the Waukee Library Foundation,spoke on behalf of the Public Library.Ms. Goodall stated I).the Friends ofthe Library had a successful Book and Bake sale; 2)the Foundation is hoping to purchase software which would permit computer users at home to access the library card catalogue and 3)the Library always needs volunteers;and 4)the Foundation has started an endowment to help pay for future expenses.Ms.Goodall also indicated the Library appreciates all donations and memorials. (2)Matt Fryar,770 Willow Circle and Brent Koch,775 Willow Circle,discussed the effect of cutting down the tree line on 142nd Street,which separated the properties in Southfork Woods from the street itself.The property owners in the subdivision were very disheartened by the cutting down of the entire tree line along 142nd Street instead of removing a few trees at Belfry and 142nd St.,where the driver /visibility issue was a problem.Mr.Fryar,Mr.Koch feel the City is at fault in removing the tree line and should be responsible for replacing the trees in the location of the original tree line along 142nd St.,except where it would block visibility.Mr.Fryar and Mr.Koch are also asking the City assist them in requesting the developer replace the Spruce trees. (5)Agenda Approval-Item 31 was removed from the agenda.Darlene Stanton moved; Don Bailey,Jr.seconded to approve the changed agenda.Ayes:Stanton,Bailey,Gruber, Mertz.Nays:None.Absent:Peard.Motion carried 4 -0 -1. (6)Consent Agenda- A.Approving 04-29-05 Payroll &05-11-05 Bill List B.Approving 05-02-05 and 05-10-05 City Council Minutes C.Approving Special Class C Beer/Wine Permit with Sunday Sales Privilege for Y owall Corporation d/b/a Warrior Lanes D.Approving 5-day Class C Liquor License for Great Caterers of Iowa,Inc.d/b/a Great Caterers ofIowa E.Approving 6-month Class B Beer Permit with Sunday Sales Privilege and Outdoor Service for Kenny's Pub,Inc.d/b/a Kenny's Pub (in the Park) F.Approving expansion of Outdoor Service Area for Triatomic,Inc.d/b/a The Bank for 05-22-05 G.Approving Change Order No.1 in the amount of $2,346.00,increasing the contract with Rognes Corporation for Laurel &51h Street Drainage Improvement H.Approving Change Order No.2 to Rognes Corporation for the Laurel &51h Street Drainage Improvement Project decreaing the contract in the amount of $350.00 1.Approving Final Pay Estimate No.2 in the amount of$2,827.l9.00 to Rognes Corporation for Laurel Street Drainage Improvement Project ] I J.Resolution:Approving Certificate of Completion to Rogness Corporation for the Laurel Street Drainage Improvement Project K.Resolution:Approving Certificate of Completion to c.L.Carroll for the Waukee Pump Station 1,3,and 6 Improvement Project L.Resolution:Approving purchase of new Trencher/Backhoe in the amount of $ 29,900.00 M.Resolution:Approving Certificate of Completion for Williams Pointe Plat 4 Nick Gruber moved to approve the Consent Agenda.Darlene Stanton seconded the motion.Roll call:Ayes:Gruber,Stanton,Meltz,Bailey.Nays:None.Absent:Peard. Motion carried 4 -0 -I. Bill List (05-11-05) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL: BOB HUFFMAN $ CHUCK FOWLER CITY OF WAUKEE CITY OF WAUKEE CLAY GILGE COLLECTION SERVICES CENTER COMMUNICATIONS WORKERS OF AMERICA DALLAS COUNTY CLERK OF COURT DAVID KOPP DICK MUNOZ DUANE STREMPKE EFTPS FRED NESBIT DISTRIBUTING ICMA RETIREMENT TRUST 457 IOWA BEVERAGE SYSTEMS INC IOWA DEPT PUBLIC HEALTH IOWA DEPT PUBLIC HEALTH IPERS IPERS -POLICE JERRY BOWHAY MIDLAND COMPUTER INC NATIONAL REGISTRY OF EMERGENCY NATIONAL REGISTRY OF EMERGENCY TREASURER STATE OF IOWA UNITED WAY CENTRAL IOWA US POSTAL SERVICE WAUKEE STATE -PO P CASH TOTALS UNPAID BILLS PRESENTED FOR APPROVAL: A &W ELECTRICAL CONT $ ACTION OFFICE SOLUTIONS INC ADAMS DOOR COMPANY ADVANCE ENGINEERING CORP ALLIANCE MEDICAL AMERICAN BOTTLING COMPANY ANNEAR POWER EQUIPMENT 60.00 60.00 1,545.00 624.32 60.00 328.00 425.35 116.00 60.00 90.00 120.00 22.863.25 321.85 2,850.92 303.70 20.00 20.00 11,893.74 7.186.69 60.00 662.75 20.00 20.00 7,691.38 43.50 1,078.18 143.54 $58,668.17 500.00 109.95 158.00 1,795.56 837.88 356.95 761.4 7 2 ARAMARK UNIFORM SERVICES ATLAS PEN &PENCIL CORP. AUTO GLASS CENTER BAKER &TAYLOR BOOKS BAKER COMMUNICATIONS BAKER ELECTRIC INC BANKERS TRUST COMPANY BANKERS TRUST COMPANY BOB'S MOBILE TOILET SERVI BORDER STATES ELECTRIC SUPPLY BRODART COMPANY BUTTERFIELD MANAGEMENT CARPENTER UNIFORM CO CENTRAL BUSINESS FORMS CFI TIRE SERVICE CH2MHILL CHARTER PRODUCTS GOLF CHECKPOINT SYSTEMS INC CITY OF WAUKEE CITY OF WAUKEE CLASSIC FLORAL &GIFTS COMPETITIVE EDGE COMPUSA INC CONTRACTORS SERVICES CRYSTAL CLEAR BOTTLED WAT o &K PRODUCTS DAHL AIR CONDITIONING &H DALLAS COUNTY AMBULANCE DAN FISCHER DAN RAITT INC DAVIS SUN TURF DEMCO DES MOINES AREA COMMUNITY DES MOINES REGISTER DES MOINES WATER WORKS DES MOINES WATER WORKS DIRECT SAFETY COMPANY DOWNING DEVELOPMENT LTO EDM EQUIPMENT CO ELECTRIC PUMP &TOOL ELECTRICAL ENGINEERING EQ ELECTRONIC ENGINEERING CO FAREWAY STORES FASTENAL COMPANY FINGERPRINT AMERICA FISHER CONTROLS INTL INC FOOTJOY FREIGHTLINER OF OM INC GARY SCHIRM GRIMES ASPHALT &PAVING 301.70 161.08 215.75 123.89 180.00 2,191.33 2,400.00 1,294,470.49 430.00 6,906.64 22.66 70.00 575.90 552.00 1,335.00 13,135.40 417.07 105.54 2,591.00 2,838.10 48.50 1,455.26 228.68 532.00 18.90 174.90 316.80 175.00 6.40 342.15 1,165.40 64.04 190.00 1,372.55 24,372.59 32,495.00 117.01 2,800.00 157.50 71.23 34.64 32.00 24.89 131.36 627.00 1,101.75 2,159.52 417.86 1.60 594.72 1 1 j 3 HAMMER MEDICAL SUPPL Y-CLI HEARTLAND CO-OP HELVY PROMOTIONS HEWLETT-PACKARD COMPANY HICKORY TECH HYDRO LOGIC HY-VEE FOOD &DRUG CENTER INDUSTRIAL SALES COMPANY INGRAM LIBRARY SERVICES INTERSTATE ALL BATTERY CE IOWA ASSOCIATION OF MUNIC IOWA COMMUNITIES ASSURANC IOWA FIRE EQUIPMENT COMPA IOWA FIREFIGHTER IOWA METHODIST MED CNTR IOWA SIGNAL &ELECTRIC CO IOWA STATE UNIV CONFERENCE IOWA UTILITIES BOARD JAMIE LEA'S INC JENNIFER MCDANIEL JOHN DAY COMPANY KC HOLDINGS INC KERIROTH KINKO'S INC LANDS END BUSINESS OUTFIT LASER CAR WASH LAWSON PRODUCTS INC LESCO LOGAN CONTRACTORS SUPPLY MACK,JERRY MANATTS MARTIN MARIETTA AGGREGATE MATT PARROTT &SONS CO MEDIACOM MENARDS MICHELLE SAPP MID AMERICAN ENERGY MIDLAND COMPUTER INC MIDWEST UNDERGROUND SUPPL MILLIGAN ELECTRONICS MORRELL HEATING &COOLING MUNICIPAL SUPPLY MURPHY TRACTOR &EQUIPMEN NAPA AUTO PARTS STORE NATIONAL WATERWORKS INC NORWALK READY MIX CONCRET OFFICE DEPOT OLSON BROTHERS ORKIN PEST CONTROL OSE OFFICE FURNITURE 40.00 13,917.50 6,302.25 550.00 1,506.32 420.36 486.23 257.13 1,105.38 30.41 134.00 195.00 1,680.96 25.50 176.50 250.00 65.00 760.64 28.62 18.00 40.54 7,586.00 19.20 45.00 533.45 36.00 113.16 66.14 271.24 32.12 1,090.13 620.44 397.37 99.95 979.00 19.20 1,436.44 990.00 13.44 4,137.08 1,578.00 6,208.21 183.84 965.31 403.16 425.00 2,793.42 636.91 51.00 458.08 4 PEGGY BAUGHMAN PEGGY PRIEST PIONEER COMMUNICATIONS PLUMB SUPPLY COMPANY POSTIVE PROMOTIONS PRAXAIR DISTRIBUTION #440 PRESS CITIZEN SHOPPER R &R PRODUCTS,INC. RAY CLARK RECORDED BOOKS LLC RUTH LIGHTLY SALGBA ADMINISTRATIVE OFFICE SCHILDBERG CONSTRUCTION SCOTT DAVIS SELECT OFFICE SYSTEMS SHOTTENKIRK CHEVROLET-PONTIAC SOUTH DALLAS COUNTY LANDF SPRING VALLEY RADIO CORP SRIXON STETSON BUILDING PERMITS STITZELL ELECTRIC SUPPLY TEAM TWO INC THE GALE GROUP THOSE INK GUYS TODD EDWARDS TOYNE INC TRIPLETT OFFICE ESSENTIAL UNITED PARCEL SERVICE UNIVERSAL PRINTING SRV UPSTART US ENERGY SERVICES INC USA BLUE BOOK WASH VENTURES II WASTE MANAGEMENT OF IOWA WAUKEE HARDWARE &VARIETY WAUKEE ROTARY CLUB WAUKEE STATE-L1BR CASH WAYNE MANUFACTURING CO LC WELLS FARGO BANK IOWA NA WILLIAMS TURF FARMS WILSON GOLF DIVISION XENIA RURAL WATER DISTR TOTALS 3.20 8.00 50.00 3.55 354.88 48.08 795.40 233.78 11.20 244.40 4.80 195.00 725.52 25.60 515.00 1,273.98 152.00 342.25 879.60 2,306.79 57.98 1,492.00 129.71 61.85 8.00 56.09 4,048.44 17.52 965.00 376.11 86,691.54 486.26 210.00 31,452.30 1,285.56 1,273.82 261.38 2,339.00 150,857.05 31.00 69.00 77.16 $1,755,371.04 I I (7)Mayor's Report:During the past two weeks the Mayor attended the Employee Benefits Review Committee,the public meeting for the Alice's Road /105'h Street I-80 Interchange,Mid-Iowa Association of Local Governments Meeting,the Dallas County Mayor's Meeting,West Des Moines,Clive and Waukee joint Chamber of Commerce lunch.The Mayor will be attending the Waukee Chamber breakfast,the County-wide 1 5 meeting fOTthe Dallas County Endowment Fund,MPO meeting and the Freight Round Table subcommittee meeting. (8)Appointment:Mark Lorber to the Storm water Advisory Committee (9)Resolution:Approving Mayor's Appointment of Mark Lorber to the Storm water Advisory Committee 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. (10)Public Forum:Opportunity for all Waukee residents who were recipients of a sidewalk repair notice and who want to object to the fin dings of the City Inspector or to request a waiver/deferral Many residents were present to discuss the repair requirements fOTtheir sidewalk or drive-way abutting the sidewalk.Those presenting their situation before the Council were Terry Meyer,355 Laurel;Anna Marie Pulliam,150 Marshall Drive and Joel Jacobson,170 Marshall Drive;;Ron Zarkowski,150 Windfield Pkwy; Shari Burgus,105 Bel Aire Dr;Don Whitney,1170 Brentwood;Manny Pacheco,245 Melrose Drive;Mike Williamson,235 Melrose Drive;Ed Butler,130 Kaylin Dr;Mike Tracey,100 Terrace Dr;Tom Porter,175 Terrace Dr;Steve Baumeister,176 Marshall Dr.;Aaron Mager,170 Glendale Dr.;Jon Cross,35 Bel Aire Dr;Monica Aunen,145 Bel Aire Dr;Jim Roth,95 Gray;Mike Swain,105 Windfield Pkwy;John Coady,347 Terrace Dr.,Carol Redlinger,200 Linden;Dan Rutz,10 Marshall Dr;Jim Phillips,240 Bel Aire Dr.Each person listed had the opportunity to speak before the Council concerning their personal sidewalk and the repairs or construction necessary OR to speak in terms ofthe over-all program.These individuals as well as Council members commented on the process and suggested changes or improvements to the inspection or administration ofthe sidewalk repair or construction program.Residents with concems need to complete a waiver/deferral form.Public Works staff will review it and give the property owner the opportunity to visit with an employee of Public Works. (11)Resolution:This item pulled from the agenda. (12)Resolution:Approving Low Income Sidewalk Assistance Program (SAP)Jeff Mertz moved to approve the resolution.Darlene Stanton second.During a brief discussion,Don Bailey moved to amend the motion so that the eligibility for assistance under this program would be based on the City of Des Moines Special Assessment Subsidy Program in which tile eligibility for assistance is based on an Adjusted Annual Income Formula where the Household Sizes and Adjusted Annual Income Levels are: Household Size Adjusted Annual Income 1 $38,150 2 $43,600 3 $49,050 4 $54,500 5 $58,850 6 $63,200 7 $67,550 8 $71,900 Jeff Mertz seconded the amendment to the motion.Roll call on the amendment:Ayes: Bailey,Mertz,Stanton,Gruber.Nays:None.Absent:Peard.Motion carried 4 -0 -I. Roll call on the amended motion:Ayes:Mertz,Stanton,Bailey,Gruber.Nays:None. Absent:Peard.Motion carried 4 -0 -1. 6 (13)Public Hearing:On the Budget Amendment for FY05 Mayor Oberman opened the public hearing.The City Clerk did not receive any written comments prior to the hearing.No one present wished to address the issue.Mayor Oberman closed the public hearing. (14)Resolution:Approving the Budget Amendment for FY05 Nick Gruber moved to approve.Darlene Stanton second.Linda Burkhart,Finance Director,explained the reasons behind the various changes in the amendment.The budget amendment and notice of the healing was published in the Dallas County News on May 12,2005.Roll call:Ayes:Gruber,Stanton,Mertz,Bailey.Nays:None.Absent:Peard.Motion carded 4-0-1. (15)Resolution:Approving Pre-Annexation Agreement with John Brummett,owner of Brummett Acres Darlene Stanton moved to approve.Jeff Mertz second.Brief discussion.Roll call:Ayes:Stanton,Mertz,Bailey,Gruber.Nays:None.Absent:Peard. Motion carried 4 -0 -1. (16)Resolution:Approving Preliminary Plat for Brummett Acres Jeff Mertz moved to approve.Don Bailey,Jr.second.Roll call:Ayes:Mertz,Bailey,Stanton,Gruber.Nays: None.Absent:Peard.Motion carried 4 -0 -I. (17)Resolution:Approving Final Plat for Brummett Acres Don Bailey,Jr.moved to approve.Jeff Mertz second.Roll call:Ayes:Bailey,Mertz,Gruber,Stanton.Nays: None.Absent:Peard.Motion carried 4 -0 -1. (18)Resolution:Approving Prelim in my Plat for The Village at Grace Woods Don Bailey,Jr.moved to approve.Darlene Stanton second.Roger Silver of Nilles & Associates of 306 S Ankeny Blvd,Ankeny presented the preliminary plat.Four members of Triton Homes were also present.Discussion concerning the traffic flow,closeness to the neighboring homes,berms and landscaping,Josh Skau of Triton Homes,1802 S Delaware Ave.,Ankeny discussed the elevations of each ofthe townhomes,water retention will be handled by a swale on the north side of Bowman in addition the water will drain to the north east corner.Further discussion dealt with topics more appropriately covered in the Site Plan.Roll call:Ayes:Bailey,Stanton,Gruber,Mertz. Nays:None.Absent:Peard.Motion carried 4 -0 -I. (19)Resolution:Approving Site Plan for The Village at Grace Woods Nick Gruber moved to approve.Darlene Stanton second.Roger Silver,Josh Skau and Bob Gibson of Triton Homes presented the Site Plan.In addition to the hard surface requirement,the garage length might be greater than code items indicate.Council members were requesting bump outs of 18"to 24",plus gable access features,information of the distances between town homes and the back of homes located to the northwest.There were too many questions,requests and unanswered concerns for the Council to approve this Site Plan.It will be brought back at a later date. (20)Resolution:Approving an amendment to the Ewing Land Development and Services Development Agreement Nick Gruber moved to approve.Darlene Stanton second.Mr.Jeff Ewing was present to answer questions.Roll call:Ayes:Gruber, Stanton,Mertz,Bailey.Nays:None.Absent:Peard.Motion carried 4 -0 -1. (21)Ordinance:To amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by rezoning and changing certain property therein from R-3 [Rental Multi-Family Residential District]and C-1 [Community and Highway Service Commercial District]to R-4 [Row Dwelling and Townhome District];and I I 7 amend the Official Zoning Map to show rezoning (a parcel to be known as The Village at Grace Wood)(second reading)Don Bailey,Jr.moved to have the second reading in title only.Darlene Stanton second.Brief Discussion.Roll call:Ayes:Bailey,Stanton, Gruber,Mertz.Nays:None.Absent:Peard.Motion carried 4 -0 -1.Mark Arentsen read the ordinance in title only. (22)Ordinance:On an Ordinance to amend Chapter 301,Waukee Municipal Code, Zoning Ordinance of the City of Waukee,Iowa,by amending Section 301.8(M), General Regulations -Fences,Walls and Hedges,by replacing said section in its entirety with language that reads "Fences,Walls and Hedges.Notwithstanding other provisions of this ordinance.fences,walls and hedges may be permitted in any required yard or along the edge of any yard;provided that no fence,wall or hedge shall exceed four (4)feet in height within the building setback area adjacent to any public right-of- way.Six (6)foot high fences are allowed only outside front yard building setback areas.(A 'front'yard may be along the side or the rear of a home if adjacent to a street.)Fences,walls and hedges in any district other than M-1,M-1A and M-2 Districts not exceeding six (6)feet in height are permitted within limits of side and rear yards.In M-1,M-1A and M-2 Districts fences and walls shall not exceed a height of eight (8)feet."(second reading)Jeff Mertz moved to have the second reading in title only,waive the third reading and place this ordinance on its final passage.Nick Gruber second.Roll call:Ayes:Mertz,Gruber,Bailey,Stanton.Nays:None.Absent:Peard. Motion carried 4 -0 -I.Mark Arentsen read the ordinance in title only.Mayor Oberman declared this ordinance passed and duly adopted. (23)Ordinance:To amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by amending Section 301.14(C),"R-4"Row Dwelling and Townliome District,Bulk Regulations,by replacing language in subsection 2,Lot Area Per Dwelling Unit,that reads "2,500 square feet per unit"with language that reads "3,500 square feet per unit (higher density may be allowed upon review and approval by the Planning and Zoning Commission and City Council.)"(second reading)Jeff Mertz moved to have the second reading in title only.Nick Gruber second.Roll call: Ayes:Mertz,Gruber,Bailey,Stanton.Nays:None.Absent:Peard.Motion carried 4 -0 -I.Mark Arentsen read the ordinance in title only. (24)Ordinance:On an Ordinance to amend Chapter 301,Waukee Municipal Code, Zoning Ordinance of the City of Waukee,Iowa,by amending Section 301.14(C),"R-4" Row Dwelling and Townhome District,Bulk Regulations by replacing language ill subsection 3,Minimum Floor Area,that reads ''750 square feet per unit"with language that reads "800 square feet per unit."(second reading)Jeff Mertz moved to have the second reading in title only.Nick Gruber second.Roll call:Ayes:Mertz, Gruber,Bailey,Stanton.Nays:None.Absent:Peard.Motion carried 4 -0 -I. (25)Discussion:Date for interviewing applicants for the City Attorney position After a brief discussion,the group determined that interviewing ofthe top three applicants would occur in an open meeting on the 23rd of May beginning at 7:00 PM. (26)Ordinance:To amend Chapter 500,Section 501.28,Waukee Municipal Code, Traffic Ordinances,Load Restrictions,of the City of Waukee,Iowa,by deleting after the word,"Waukee",the words,"when such vehicles have a gross weight of 40,000 lbs. or more."(intro and first reading)Nick Gruber introduced the ordinance.Don Bailey moved to have the first reading in title only,waive the second and third readings and 8 place this ordinance on its final passage.Jeff Mertz second.Roll call:Bailey,Mertz, Gruber,Stanton.Nays:None.Absent:Peard.Motion carried 4 -0 -1.Mark Arentsen read the ordinance in title only.Mayor Oberman proclaimed this ordinance passed and duly adopted. (27)Resolntion:Approving a 15 Ton Embargo on University Avenue from L.A.Grant Parkway to Warrior Lane and Warrior Lane from Ashworth Drive to University Avenue Jeff Mertz moved to approve the resolution.Darlene Stanton second.Brief discussion.Roll call:Ayes:Mertz,Stanton,Bailey,Gruber.Nays:None.Absent:Peard, Motion carried 4 -0 -1. (28)Resolution:Approving the Site Plan for Kumm &Go #75/Mountain Mudd Espresso Don Bailey,J 1'.moved to approve the resolution.Nick Gruber second.Nicki Jones and Greg Tornberg,V.P.of Store Development ofKumm &Go discussed the Roll call:Ayes:Gruber.Nays:Bailey,Stanton,Mertz,Absent:Peard,Motion defeated 1 -3 -1. (29)Resolution:Approving Plat of Survey for Kumm &Go #75/Mountain Mudd Espresso No action was taken on this item. (30)Resolution:Approving revised Settlement Agreement with Gilcrest Jewett Lumber Company Nick Gruber moved to approve.Jeff Mertz second.Because the Alice's Road /University Avenue intersection and the widening of University Avenue from Waco Place to L.A.Grant Parkway was postponed to 2006,all dates referenced in this agreement were set ahead one year.Roll call:Ayes:Gruber,Mertz,Stanton,Bailey. Nays:None.Motion carried 4 -0 -1. (31)Resolution:Approving Golf Passes for the full and part time City employees This item was removed from the agenda. REPORTS:Reports were given by Mark Arentsen,Jody Gunderson,Dennis Dowell, John Gibson,Mik Briedis,Chad Weaver,Paul Huscher,Darlene Stanton,Jeff Mertz,Don Bailey,Nick Gruber.Two items came from the reports,which need to be reported here: Council member Mertz suggested the City develop a policy on how to handle those items approved with contingencies.City Attorney Paul Huscher suggested that the City might be well served to go back to a four year bond on sidewalk construction. Mayor Oberman asked for a motion to adjourn.Darlene Stanton moved.Don Bailey,Jr. second.Ayes:All.Nays:None.Motion carried 4-0. Meeting Adj ourned at 10:15PM. C.Paardekooper,Deputy Clerk Attest: ark J.Arentse,ity Administrator/Clerk ayor 9 I 1 I