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HomeMy WebLinkAbout2005-07-18-Regular MinutesWAUKEE CITY COUNCIL MINUTES JULY 18,2005 (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.Meltz and Darlene Stanton.Council member Bill Peard absent. (4)Open Forum -Jim Hermann,3111 V Avenue spoke to the Council regarding the difference in height of the completed street and his drive-way where the street is about three feet below the height of his drive-way,Eco-Tech has been very cooperative and created a slope about thirty to fifty feet into the yard so the Hermann's could enter and leave their property.However,the solution is short term.City staff and Council member Mertz will look into the matter. (5)Agenda Approval-Darlene Stanton moved;Jeff Mertz second to approve the agenda as written with the order being changed so that Item 15 is considered before Item 14.Roll call:Ayes:Stanton,Mertz,Bailey,Gruber.Nays:None.Motion carried 4 -0- 1. (6)Consent Agenda- A.Approving 07-13-05 Bill List B.Approving 07-11-05 City Council Minutes C.ApprovingClass B Beer Permit for KMM,Inc.db.Philly's Finest D.Approving Class C Liquor License with Outdoor Service Area and Sunday Sales for Triatomic,Inc.dba The Bank E.Motion:Setting August 1,2005 as the date for a public hearing on Exterior Lighting Ordinance Nick Gruber moved the Consent Agenda.Jeff Mertz second to approve all items.Brief Discussion. Council member Peard present at 7:04PM. Roll call to approve Consent Agenda:Ayes:Gruber,Mertz,Bailey,Peard,Stanton, Nays:None.Motion carried 5-0. Bill List (07-13-05) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL: AMAZON CREDIT PLAN BANKERS TRUST COMPANY CAMP WESLEY WOODS DALLAS COUNTY CLERK OF COURT DALLAS COUNTY TREASURER DALLAS COUNTY TREASURER DESOUZA,DAN W DEWEY FORD INC DOWNING DEVELOPMENT LTD $75.47 135,700.00 120.00 58.00 5.00 5.00 49.96 19,918.00 2,800.00 1ST REALTY FRED NESBIT DISTRIBUTING FRED NESBIT DISTRIBUTING FRED NESBIT DISTRIBUTING FRED NESBIT DISTRIBUTING FUN SERVICES GRANITE CITY FOOD &BREWERY HOFFMAN,CRAIG IOWA BEVERAGE SYSTEMS INC IOWA BEVERAGE SYSTEMS INC IOWA BEVERAGE SYSTEMS INC IOWA BEVERAGE SYSTEMS INC JERRYS HOMES JERRYS HOMES JOHNSTON,ROBERT MBNA AMERICA BUSINESS CARD MEDIACOM MID IOWA AFFORDABLE HOUSING NAPA AUTO PARTS STORE RALLS,JENNIFER S RUBES STEAKHOUSE &LOUNGE SAM'S CLUB SAM'S CLUB TOASTER BAND TREASURER STATE OF IOWA TREASURER STATE OF IOWA TREASURER STATE OF IOWA TREASURER STATE OF IOWA TREASURER STATE OF IOWA US ENERGY SERVICES INC US POSTAL SERVICE US POSTAL SERVICE US POSTAL SERVICE VEENSTRA &KIMM INC VERIZON WIRELESS WAUKEE STATE -CITY HALL WAUKEE STATE -PD P CASH WAUKEE STATE-PW PCASH WAUKEE STATE-PW PCASH TOTALS 53.52 299.70 233.10 308.70 325.85 2,955.00 390.00 33.06 299.70 416.25 205.80 372.75 70.35 35.50 25.64 1,878.82 159.90 14.55 132.75 74.74 135.00 1,148.55 51.23 2,000.00 6,444.43 510.13 4,131.30 2,155.44 15.30 84,785.80 501.00 1,188.15 1,096.13 292.00 28.44 204.06 109.09 225.00 200.00 $272,238.16 UNPAID BILLS PRESENTED FOR APPROVAL: ALLSTATE GUTTER AMERICAN BOTTLING COMPANY ANN EAR POWER EQUIPMENT ARAMARK UNIFORM SERVICES BALDWIN POLE &PILING BARNES DISTRIBUTION BRICK GENTRY BOWERS SWART 2 $423.00 352.05 91.44 27.50 1,390.72 61.02 6,516.16 BUSINESS COMMUNICATIONS C J COOPER &ASSOCIATES I CAPITAL CITY EQUIPMENT CO CENTRAL BUSINESS FORMS CHARTER BANK CHARTER PRODUCTS GOLF CITY OF WAUKEE CITYVIEW COMPUSA INC CONTINENTAL RESEARCH CORP CRYSTAL CLEAR BOTTLED WAT CUSTOM AWARDS DAN RAITT INC DAVIS SUN TURF DESIGN ALLIANCE INC DOMINO'S PIZZA DOWNING DEVELOPMENT LTD GRAYBAR GREATER DALLAS COUNTY DEVELOPMENT GRIMES ASPHALT &PAVING HAWKEYE TRUCK EQUIPMENT HEARTLAND CO-OP HICKORY TECH HOLMES OLDSMOBILE GMC TRUCK INC. IACP POLICY CENTER IMAGING TECHNOLOGIES INFRASOURCE UNDERGROUND CONSTRUCTION INGRAM LIBRARY SERVICES IOWA COUNTY ATTORNEYS ASS IOWA DEPT.OF MANAGEMENT IOWA FIRE EQUIPMENT COMPA IOWA METHODIST MED CNTR IOWA ONE CALL IOWA RURAL WATER ASSOCIAT IOWA SIGNAL &ELECTRIC CO J &M LOCK &KEY SERVICE JAMIE LEA'S INC KRISHNA ENGINEERING CONSULTANTS,INC LAIDLAW TRANSIT INC LAWSON PRODUCTS INC LESCO CREDIT SERVICES LYNETTE MASON MANATTS MARTIN MARIETTA AGGREGATE MEDLETTER ASSOCIATES MENARDS MID AMERICAN ENERGY MID STATES SUPPLY COMPANY MIDLAND COMPUTER INC MOMAR 3 51.00 330.00 1,141.00 80.70 30.00 423.55 114.76 310.00 175.41 303.10 32.90 15.90 339.56 73.00 2,913.25 139.86 2,800.00 260.26 10,252.00 18,300.00 6,254.00 2,121.82 1,886.87 18,398.00 42.00 307.25 10,976.54 1,218.25 12.00 25.00 708.40 195.00 410.70 10.00 4,900.00 68.00 98.78 10,749.31 345.45 753.93 3,080.33 4.80 1,917.27 713.08 179.95 357.72 1,174.90 151.50 720.72 2,722.58 MULCH MART MUNICIPAL SUPPLY MUSTANG MEDIA NAPA AUTO PARTS STORE NATIONAL WATERWORKS INC NOGG CHEMICAL &PAPER NORTH DALLAS LANDFILL NORTHERN MUNICIPAL DISTRI OFFICE DEPOT PEPSI PLUMB SUPPLY COMPANY POLK COUNTY TREASURER PR DIAMOND PRODUCTS INC PRAIRIE I-NET PURCHASE POWER QUALITY FORD OF WDM R &R PRODUCTS INC RECORDED BOOKS LLC SOUTHERN CROSS CORP STAR EQUIPMENT LTO STATE LIBRARY OF IOWA STERNQUIST CONSTRUCTION I THE GALE GROUP TRIPLE T ENTERPRISES INC TRUCK EQUIPMENT INC UNIVERSAL PRINTING SRV UNIVERSITY OF IOWA HYGIEN USA BLUE BOOK WILLIAMS TURF FARMS WITTEK WOODLAND HILLS GOLF WRIGHT TREE CARE CO XENIA RURAL WATER DISTR TOTALS 1,120.00 962.80 27.43 297.80 2,683.62 116.38 12,198.00 2,573.82 282.20 319.15 23.61 75.00 1,039.00 149.85 1,016.99 782.69 113.95 119.80 62.70 160.00 153.15 21,960.00 41.17 34.80 1,478.13 150.00 331.00 465.13 262.50 52.14 645.00 171.50 11,716.56 $179,038.16 (7)Mayor's Report:Later this week Mayor Oberman will attend the MFO Round Table Meeting and was invited to the Mayor's Forum sponsored by the Y oung Professionals Connection,which is affiliated with the Greater DM Partnership.Mayor Oberman also announced that he has decided not to run again as candidate for the position of Mayor of Waukee. (8)Quarterly Reports:Library,Police Department,Fire Department Waukee Library Director Linda Mack,Police Chief LalTYPhillips and Assistant Fire Chief Mark Schmitt gave quarterly activity reports to the Council. (9)Proclamation:NATIONAL NIGHT OUT The 27'11 Annual National Night Out will occur August 2,2005.Call the Police Department if interested in participating,Mayor Oberman read the proclamation. (10)Public Hearing:On plans and specifications,proposed form of contract and estimate of cost for construction of the Effluent Flow Measurement Structure, Wastewater Treatment Facility for the City of Waukee,Iowa Improvement Project 4 Mayor Oberman opened the public hearing.Mark Arentsen indicated that written comments had not been received prior to the hearing.No one present wished to address the issue.Mayor Oberman closed the public hearing. (11)Resolution:Finally approving and confirming plans,specifications.forms of contract and estimate of cost for the Effluent Flow Measurement Structure, Wastewater Treatment Facility for the City of Waukee Improvement Project Darlene Stanton moved to approve the resolution.Jeff Mertz second.Roll call:Ayes:Stanton, Mertz,Bailey,Gruber,Peard.Nays:None.Motion carried 5 -O. (12)Resolution:Awarding the Contract for the Effluent Flow Measurement Structure, Wastewater Treatment Facility for the City of Waukee,Iowa Improvement Project Darlene Stanton moved to approve awarding the contract to C.L.Carroll Co.,Inc.for a bid of$74,900.00.Jeff Mertz second.Although both bids were about 20%higher than the engineers'estimate for cost of construction,Mik Briedis V &K engineer for the City indicated that the two bids,which were only $100 apart,were more than likely more representative of the actual cost of construction of the structure than the engineers' estimate.Roll call:Ayes;Stanton,Mertz,Bailey,Gruber,Peard.Nays:None.Motion carried 5 -O. (13)Resolution:Approving Site Plan for Syrvet Darlene Stanton moved to approve. Don Bailey,Jr.second.Brad Cooper with Cooper Crawford and Associates,Matt Keller of Advantage Point Architects,2100 Dixon,Des Moines,architect for the project and Steve Fisher the contractor with Point Builders were present on behalf ofthe Syrvet Site Plan.The building is a 25,000 square feet single story building located in lots 10 and 11 in Westgate Business Park.20,000 sq feet will be warehouse space and the remaining 5,000 sq feet will be office space.The building is a pre-engineered steel frame building with sand blasted concrete on the main front facade which faces Olson Road,the pre-cast on the east side which faces Alice's Road.The rest of the building will be V rib metal panel.There are an adequate number ofparking spaces.P&Z items addressed prior to the council meeting were the architectural design ofthe building,the outside lighting and the location and screening of the HV AC units.The V rib metal paneling will be varied in color to help break up the long expanse.Much discussion was devoted to the rooftop HV AC units and the screening of those units.Mr.Keller,realizing the Council was adamant about screening the HV AC units indicated an alternative consideration would be to split the units with heating units in the building and condensing units on the ground. This would eliminate the roof top units and the need for screening on the roof.The outside lighting,which is limited,will be shielded and where necessary in the back as well.Don Bailey,Chad Weaver,Mark Arentsen,Jody Gunderson,Jeff Mertz,Darlene Stanton,Joe Schmidt spoke to the issue during the discussion,Nick Gruber offered an amendment to permit condensing units on the ground with screening consistent with the PD and as approved by staff.J effMertz second.Roll call on the amendment:Gruber, Mertz,Peard,Bailey,Stanton.Nays:None.Motion carried 5 -O.Roll call on the amended original motion:Ayes:Stanton,Bailey,Gruber,Peard,Mertz.Nays:None. Motion carried 5 -O. (15)Resolution:Approving Preliminary Plat for Williams Pointe Plat 9 Nick Gruber moved to approve the resolution.Bill Peard second.l>!iS!l €nl19sf HHWQoI til .pprll"Q. Bill POMa second.Item 15 was discussed prior to Item 14.Counsel for Regency Corporation and Pinnacle Bank,William Lillis of317 6th Ave.,Ste 300,Des Moines 5 presented his clients position on both the Preliminary Plat and the Site Plan.Mr.Lillis introduced others who were present for this discussion:Lisa &Paul Hayek owners of Pinnacle Bank in Marshalltown,IA,Bryan Hildebrand with Pinnacle Bank,Todd Wiskus of Simonson and Associates,Architects,Erin Ollendike and Gary Reed on behalf of Civil Design Engineering and Robert (Bob)Holsinger,a traffic consultant from Burlington,N. Carolina.The major issues discussed were egress and ingress access from University Ave.and egress and ingress access from the future-reconstructed Alice's Road.Robert (Bob)Holsinger described two proposals to change the current limited access from/onto University Avenue from/onto the private street in Williams Pointe Plat 9.Discussing this issue in addition to Mr.Holsinger,were Mik Briedis,Don Bailey,Jr.,Jeff Mertz,Chad Weaver,Darlene Stanton,Paul Hayek,Bill Peard,Mayor Oberman,Nick Gruber,Jody Gunderson.After much discussion,Council agreed to a modified access from/onto University Ave.which would permit a westbound right in,right out and an eastbound, left in at the location of the private street.In addition,a median would be created at the point of egress/ingress,which would permit ingress to a left and right tum in and an egress,which would permit a right tum out only.Bill Peard moved to approve a right in and right out on University when heading west,a left in on University when heading east with the understanding that the left in for eastbound traffic would be closed when the act of turning or attempting to tum created a hazard for other drivers either eastbound or westbound;the cost of which will be bom by the developer.Jeff Mertz second.Further discussion concemed an entrance off Alice's Road.Bill Lillis,Bill Peard,Mik Briedis, Jeff Mertz addressed this issue.There will be an entrance off Alice's Road into William's Pointe Plat 9 at the location of the southern most entrance into Gilcrest Jewett. The developer/owner will be responsible for constructing a deceleration lane when initially built and again later when the street becomes a four lane.The developer of Williams Point Plat 9,Williams Turf Farm,Inc.,will be responsible for funding the cost of the deceleration lane built at this time and for funding the cost of relocating the deceleration lane east when Alice's Road is widened at some point in the future.Council members Peard and Mertz agreed to include construction of this entrance in their motion amending the original motion to approve Williams Pointe Plat 9.Roll call:Ayes:Peard, Mertz,Gruber,Bailey,Stanton.Nays:None.Motion carried 5 -O.Mayor Oberman asked for a vote on the original motion plus amendment:Roll call:Ayes:Gruber,Peard, Mertz,Bailey,Stanton.Nays:None.Motion carried 5 -O. (14)Resolution:Approving Site Plan for Pinnacle Bank Bill Peard moved to approve the resolution.Jeff Mertz second.Roll call:Ayes:Peard,Mertz,Stanton,Gruber, Bailey.Nays:None.Motion carried 5 -O. (16)Resolution:Approving Final Plat for Hunsberger Proprietor Plat 3 Don Bailey, Jr.moved to approve.Jeff Mertz second.A brief discussion occurred regarding a separate issue.Roll call:Ayes:Mertz,Peard,Gruber,Stanton.Nays:Bailey.Motion carried 4 -1. (17)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-1 (Light Industrial District)to R-3 (Rental Multi-Family District),R-2 (One and Two Family Residential district),R-3A (Owner-Occupied Multi-Family Residential District);R-4 (Row Dwelling and Townhome District)and C-1 (Community and Highway Service Commercial District);and then to PD-1 (Planned Development 6 Overlay District)(Williams Pointe II -Brick Property)(second reading)Darlene Stanton moved to have the second reading in title only.Nick Gruber second.Roll call: Ayes:Stanton,Gruber,Bailey,Peard,Mertz.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (18)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 R-2 (One and Two Family Residential District) (Immanuel Lutheran)(second reading)Nick Gruber moved to have the second reading in title only.Darlene Stanton second.Roll call:Ayes:Gruber,Stanton,Peard,Bailey, Mertz.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (19)Ordinance:To amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by adding Section301.18A,"C-IB"Large Scale Commercial District,to provide space for large retail and professional offices and efficient development of major retail shopping areas with single structures over 50,000 square feet (second reading)Jeff Mertz moved to have the second reading in title only. Darlene Stanton second.Roll call:Ayes:Mertz,Stanton,Peard,Bailey,Gruber,Nays: None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (20)Ordinance:To amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by amending Section301.17(C),"C«l "Community and Highway Service Commercial District,Bulk Regulations,by adding "Subsection 8, Building Area",that reads:"No single building within this district shall exceed 50,000 square feet.(No configuration of buildings shall be allowed that are planned or intended to circumvent this requirement.)"(second reading)J effMertz moved to have the second reading in title only.Darlene Stanton second.Roll call:Ayes;Mertz, Stanton,Bailey,Peard,Gruber.Nays:None.Motion canied 5 -O.Mark Arentsen read the ordinance in title only. (21)Ordinance:To amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by amending Section 301.18(C),"C-IA"Neighborhood Commercial District,Bulk Regulations,by adding "Subsection 8,Building Area",that reads:"No single building within this district shall exceed 50,000 square feet.(No configuration of buildings shall be allowed that are planned or intended to circumvent this requirement.)"(second reading)Nick Gruber moved to have the second reading in title only.Darlene Stanton second.Roll call:Ayes:Gruber,Stanton,Bailey,Gruber, Peard.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. REPORTS:were presented by Mark Arentsen,Jody Gunderson,Dennis Dowell,Linda Burkhart,John Gibson,Chad Weaver,Mik Briedis,Steve Brick,Darlene Stanton,Bill Peard,Jeff Mertz,Don Bailey,Jr.,Nick Gruber. Mayor Oberman asked for a motion to approve the Council entering into a closed session pursuant to Section 21.5(1)(c)"to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the govemmental body in that litigation." 7 Darlene Stanton moved the Council enter into closed session.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz,Gruber,Pcard,Bailey.Nays:None.Motion carried 5 -O. Council in closed session. Nick Gruber moved to resume the regular meeting.Darlene Stanton second.Roll call: Ayes:Gruber,Stanton,Peard,Bailey,Mertz,Nays:None.Motion carried 5 -O. Mayor Oberman asked for a motion to adjoum.Nick Gruber moved.Darlene Stanton second.Ayes:All.Nays:None.Motion carried 5-0. Meeting Adj ourned at 11:13 PM. C.Paardekooper,Deputy Clerk Attest: 8