HomeMy WebLinkAbout2005-08-29-Regular MinutesWAUKEE CITY COUNCIL MINUTES
SPECIAL MEETING
AUGUST 29,2005
(A)Call to Order -The regular meeting of the Waukee City Council was called to order
by Mayor Oberman at 7:00 PM.
(B)Pledge of Allegiance
(C)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 at beginning of meeting;present at 7:04.
(D)Open Forum -Ray Clark,135 Bel Aire Dr.introduced Steve Gerberich,a
Waukee native,who is an artist working in the area of Found Art.Mr.Gerberich,
now residing in New York State,spoke to the council about a project he had in
mind for the downtown triangle.The art project would permit hands-on
experience for all ages to participate in the creation of a Found Ali object.Mr.
Gerberich is requesting assistance in the amount of $5,000 for travel expenses and
expenses associated with setting up the Christmas tree including renting a crane,
liability insurance and lighting.Mr.Gerberich will submit a formal request to the
City for the proj ect.
(E)Agenda Approval-Mayor Oberman asked for a motion to approve the agenda
excluding Item Il2.Jeff Mertz moved;Darlene Stanton second.Roll call:Ayes:Mertz,
Stanton,Peard,Gruber,Bailey.Nays:None.Motion carried 5 -O.
(F)Mayor's Report Mayor Oberman presented the proclamation honoring the DM
Menace Soccer Club,Premier Development League (DPL)Champs,2005.Alan
Oatsvall,General Manager,Coach Casey Mann,and Brad Chiafos,Sales Manager were
present to accept the framed proclamation.Mayor Oberman attended the Waukee
Clinic Open House,the Dedication of the Regency Design Center and participated in the
Waukee Men's City Golf Tournament,
(G)Presentations:
(1)NONE
(H)Public Hearings:
(I)To consider an ordinance to amend Chapter 301,Waukee Municipal
Code,Zoning Ordinance of the City of Waukee,Iowa,by adding to Legacy
Pointe Planned Development Exhibit E,(1)Item 6(C),permitting residential
uses in commercial portion of development so that it reads:"C)Residential
uses may also be allowed within the commercial portion of the development,
provided the structure also contains office and or commercial uses."And (2)
Item 16(C)(4),requiring setbacks in commercial lots and permitting an
ATM Kiosk and a trash container so that it reads:4)Commercial:a)front
and rear yards:30 feet;b)All other yards:10 feet.Mayor Oberman opened
the public hearing.Mark J.Arentsen indicated that the City had not received
any written comments prior to the hearing.Scott Stryker,architect with
Urban Development,explained the plans for the project being built at Legacy
Pointe and the necessity for the changes to the Planned Development
Agreement Exhibit E.Both Community Development Director Jody
Gunderson and Council member Stanton were enthused that Tim Urban
1
Develoment was doing a project in Waukee.Mayor Oberman closed the
public hearing.
(I)Public Hearings Action Items:
ORDINANCE:To amend Chapter 301,Waukee Municipal Code,Zoning
Ordinance of the City of Waukee,Iowa,by adding to Legacy Pointe Planned
Development Exhibit E,(1)Item 6(C),permitting residential uses in
commercial portion of development so that it reads:"C)Residential uses
may also be allowed within the commercial portion of the development,
provided the structure also contains office and or commercial uses."And (2)
Item 16(C)(4),requiring setbacks in commercial lots and permitting an
ATM Kiosk and a trash container so that it reads:4)Commercial:a)front
and rear yards:30 feet;b)All other yards:10 feet.Don Bailey,JI'.
introduced the ordinance.Nick Gruber moved to have the first reading in title
only.Jeff Mertz second.Roll call:Ayes:Gruber,Mertz,Bailey,Stanton,
Peard.Nays:None.Motion carried 5 ~O.
(J)Action Items:
(1)Consent Agenda ~
A.Consideration of August 15,2005 Payroll &August 24,2005 Bill List
B.Consideration of August 15,2005 City Council Minutes
C.Consideration of Change Order No.16 for Cedar Valley Corp for the
University Avenue Widening project increasing the contract in the amount
of$3,700.00
D.Consideration of Payment Estimate No.9 to Cedar Valley Corp for the
University Avenue Widening project in the amount of $83,986.35
E.Consideration ofthe Loader Bid from Murphy Tractor and Equipment for
a John Deere Loader Mode1544J with the quick attach coupling system,3
yard bucket,and 60"construction fork options in the amount of$69,175
F.Selecting September 12,2005 as the date for a public healing on an
ordinance to amend Chapter 304,Waukee Municipal Code,Site Plan of
the City of Waukee,Iowa,by adding new provisions,to be known as the
"Exterior Lighting Ordinance"establishing a title,purpose and intent,
applicability provisions,definitions,permit requirements,design
guidelines and standards,prohibitions,violations and penalties,
exemptions and effective date
G.Consideration of new 12 month Class B Beer Permit with Sunday Sales
for TWR Jnvestments dba Soucie's Family Pizza
Nick Gruber movee!to approve the Consent Agenda.Darlene Stanton secone!.Roll call:
Ayes:Gruber,Stanton,Bailey,Peare!,Mertz.Nays:None.Motion carried 5 -O.
Bill List(08-24-05)
CHECKS ISSUED PRIOR TO COUNCIL APPROVAL
08/29/2005:
APWA IOWA CHAPTER
BETH RICHARDSON
CITY OF WAUKEE
$20.00
$20.00
$1,545.00
2
CITY OF WAUKEE
COLLECTION SERVICES CENTER
COMMUNICATIONS WORKERS OF AMERICA
DALLAS COUNTY TREASURER
DAVID DEZEEUW
DAVID DEZEEUW
DENNIS DOWELL
EFTPS
FRED NESBIT DISTRIBUTING
FRED NESBIT DISTRIBUTING
IOWA ASSOCIATION OF MUNICIPAL
IOWA BEVERAGE SYSTEMS INC
IOWA DEPT OF PUBLIC SAFETY
JEFF SPENCER
KAND V HOMES
LARRY J PHILLIPS
MARGGIE WEIR
MCAREAVY,STEVE 1 DIANE
MID AMERICAN ENERGY
MID IOWA AFFORDABLE HOUSING
MOCIC CONFERENCE
OFFICE DEPOT CREDIT PLAN
PRE-PAID LEGAL SERVICES
PURCHASE POWER
REGENCY BUILDERS INC
SAM'S CLUB
SARA MULLEN
SCOTT WRIGHT
SCOTT WRIGHT
TONY HANSON
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
TROY MAPES
UNITED WAY CENTRAL IOWA
VISA
WAUKEE STATE -PD PETTY CASH
TOTALS
$645.66
$328.00
$414.05
$5.00
$20.00
$20.00
$10.00
28,262.17
$242.75
$366.30
$70.00
$167.50
$150.00
$20.00
$309.08
$25.00
$23.00
$137.65
$211.53
$13.14
$170.00
$65.70
$45.85
$1,016.99
$24.46
$292.10
$120.00
$76.97
$2.00
$112.85
$11,827.21
$583.16
$2,130.17
$2,957.70
$14.49
$30.00
$43.50
$215.74
$160.14
$52,914.86
UNPAID BILLS PRESENTED FOR APPROVAL 08/29/2005:
A TO Z RENTAL CENTER $2,013.00
AMERICAN BOTTLING COMPANY 66.05
AMERITAS LIFE INSURANCE C 3,961.68
ARAMARK UNIFORM SERVICES 286.40
BERNADINE STIFEL 407.50
BOB'S MOBILE TOILET SERVI 465.00
BORDER STATES ELECTRIC SUPPLY 150.58
BRODERICK ANIMAL CLINIC 302.00
BRUSKE PRODUCTS INC 103.59
3
BUSINESS &LEGAL REPORTS
CARPENTER UNIFORM CO
CH2MHILL
COMMERCIAL APPRAISERS OF
COMPETITIVE EDGE
COMPUSA INC
CONTINENTAL RESEARCH CORP
COPY SYSTEMS INC
CRYSTAL CLEAR BOTTLED WAT
DALLAS COUNTY NEWS
DALLAS COUNTY TREASURER
DAN RAITT INC
DES MOINES WATER WORKS
DIAMOND VOGEL PAINTS
DICKINSON MAC KAMAN TYLER
DITCH WITCH-IOWA INC
DON DOWELL
DON R.PARRY
EMERGENCY MEDICAL PROD
ESRI
FASTPRO INTERNATIONAL INC
GLEN-GERY CORPORATION
HELVY PROMOTIONS
INCODE-CMS
INDUSTRIAL SALES COMPANY
INFRASOURCE UNDERGROUND
CONSTRUCTION
INSURANCE ASSOC OF IOWA
IOWA COUNTY ATTORNEYS ASS
IOWA LAW ENFORCEMENT ACAD
IOWA ONE CALL
IOWA UTILITIES BOARD
JAMIE LEA'S INC
JIMMERSON CUSTOM DESIGN
JOHN DEERE HEALTH PLAN IN
LAWSON PRODUCTS INC
LESCO CREDIT SERVICES
LIBERTY READY MIX
LOGAN CONTRACTORS SUPPLY
MADISON NATIONAL LIFE
MARTIN MARIETTA AGGREGATE
MENARDS
METLIFE SMALL BUSINESS CE
MID AMERICAN ENERGY
MID IOWA SALES COMPANY
MID STATES FORD INC
MID STATES SUPPLY COMPANY
MIDLAND COMPUTER INC
MIDWEST ENVIRONMENTAL SRV
MOBILE VISION
MUNICIPAL SUPPLY
4
534.95
88.95
9,362.98
7,362.50
174.87
189.58
1,553.72
21.63
24.90
1,367.30
30,178.00
285.38
2,629.35
3,699.00
1,368.25
249.00
300.00
210.00
242.50
400.00
162.90
328.79
2,470.46
9,879.00
14,543.26 ]16,297.59
4,709.00
50.00
160.00
365.10
532.00
79.66
30.21
41,389.91
17.96
345.61
8,334.15
52.69
1,114.93
517.48
273.77
705.79
12,707.05
345.50
90.81
259.98
89.32
732.00
26.90
6,539.60
NATIONAL WATERWORKS INC 242.00
NATURAL GAS ODORIZING INC 197.03
NES TRAFFIC SAFETY LP-IOWA 723.00
NEWMAN TRAFFIC SIGNS 707.60
NORTHERN MUNICIPAL DISTRI 574.00
OFFICE DEPOT 208.55
O'HALLORAN INTERNATIONAL 168.35
ORKIN PEST CONTROL 107.80
PATC 200.00
PEPSI 158.70
PLUMB SUPPLY COMPANY 93.06
PUCKETT TOOLS &FASTENERS 940.42
QUALITY FORD OF WDM 1,002.58
QWEST 292.15
RAPID REPRODUCTIONS 30.60
SELECT OFFICE SYSTEMS 95.00
SHOTTENKIRK CHEVROLET-PONTIAC 5.86
SPRAYER SPECIALTIES INC 37.81
STETSON BUILDING PERMITS 1,976.40
T.PETERS,LLC 811.50
TEAM TWO INC 290.61
TRIPLETT OFFICE ESSENTIAL 416.50
UNITED PARCEL SERVICE 19.31
UTILITY EQUIPMENT COMPANY 2,960.00
VAN-WALL EQUIPMENT INC 1,126.12
WASTE MANAGEMENT OF IOWA 213.91
WATERS EDGE MARINE INC.67.99
WAUKEE CHAMBER OF COMMERC 5,000.00
WILSON GOLF DIVISION 121.46
WOODLAND HILLS LLC 4,500.00
TOTALS $214,438.39
(J2)Resolution:Consideration of a donation policy for fundraisers for charitable
organizations or public endeavors where a monetary donation is requested Don Bailey,
Jr.moved to approve the resolution.Jeff Mertz second.A discussion with all council
members participating OCCUlTedduring this item.Two council members were against
using public funds for this purpose;two were for contributing to reputable charitable
organizations using only the Bldg Permit portion of the Permit Fees for new construction.
The fifth council member suggested that the concept was fine;but,certain restrictions or
requirements should be applied.One council member suggested having a set amount in
each budget year to be used for charitable contributions.Another council member
suggested limiting contributions to one per plat.One council member suggested
expanding the idea of giving to include all ofthe contributions made by the City yearly
and just to those generated from new construction.The council requested information
regarding a recent reduction in a building permit for a home being constructed as part of a
charitable giving.A decision on the donation policy could not be made during tills
council meeting.This item was postponed to September 12,2005.
(J3)Resolution:Consideration of Des Moines Area Metropolitan Planning
Organization (MPO)Fourth Amended and Substituted 28E Agreement Bill Peard
5
moved to approve the resolution.Jeff Mertz second,Roll call:Ayes:Peard,Mertz,
Stanton,Gruber,Bailey.Nays:None,Motion carried 5 -O.
(J4)Resolution:Consideration of an agreement pursuant to Iowa Code Chapter 28E
between the City of Waukee,Iowa and the City of West Des Moines,Iowa for the
provision of Information Technology Support Services Bill Peard moved to approve the
resolution.Don Bailey,Jr.second.Roll call:Ayes:Peard,Bailey,Mertz,Stanton,
Gruber.Nays:None.Motion carried 5 -O.
(J5)Resolution:Consideration of the proposed Veenstra &Kimm,Inc.engineering
study:Sugar Creek Basin,Sanitary Sewer System Planning Jeff Mertz moved to
approve this resolution.Nick Gruber second.Mik Briedis explained the purpose and
depth ofthe study being contemplated in which a description of the size ofline,location
of the main lines and a map showing the overall provision of sewer trunk service to the
Sugar Creek Basin Area would be provided to the City.Roll call:Ayes:Mertz,Gruber,
Bailey,Stanton,Peard.Nays:None.Motion carried 5 -O.
(6)Resolution:Consideration of Preliminary Plat for Legacy Pointe Plat 4 Darlene
Stanton moved to approve the resolution.Jeff Mertz second.Josh Cowman of Ewing
Land Development discussed the construction for this plat and said it was a continuation
of Holiday Crest Circle and townhome construction,Public Works Director John Gibson
stated all comments have been addressed.Roll call:Ayes:Stanton,Mertz,Bailey,
Peard,Gruber.Nays:None.Motion carried 5 -O.
(7)Resolution:Consideration of Legacy Pointe Plat 4 Construction Plans Darlene
Stanton moved to approve;Jeff Mertz second.Public Works Director John Gibson stated
all comments have been addressed.Roll call:Ayes:Stanton,Mertz,Gruber,Peard,
Bailey.Nays:None.Motion carried 5 -O.
(8)Ordinance:Consideration of an amendment to Chapter 301,Waukee Municipal
Code,Zoning Ordinance of the City of Waukee,IOlVa,by re-zoning and changing
certain property therein from A-I (Agricultural District)to R-L (Single Family
Residential District):and amend the Official Zoning Map to show re-zoning (Painted
Woods,Plats 2 &3)(third reading)Don Bailey moved to have the third reading in title
only and to place this ordinance on its final passage.Bill Peard second.Roll call:Ayes:
Bailey,Peard,Stanton,Gruber,Mertz,Nays:None.Motion carried 5 -O.Mark J.
Arentsen read the ordinance in title only.Mayor Oberman declared this ordinance passed
and duly adopted.
(9)Resolution:Consideration of Preliminary Plat for Painted Woods Plat 2 &3
Darlene Stanton moved to approve the preliminary plat.Jeff Mertz second.Mik Briedis
indicated the force main for this area was already present in a north /south direction.The
12"force main had been laic!during construction of the 4"and 6"lines earlier in the R-22
Sanitary Sewer Improvements.The area now needs the two east west force mains,one
located at Sugar Creek and the other at the treatment plant,and the enlarged pumping
station.The need for increased capacity was anticipated in 2003.A letter from the
developer is required requesting the initiation of the pumping station and force main
improvements.The time for increasing the capacity has arrived and construction of the
needed lines,enlarged pumping station and switching to the 12"north south line will
occur within the next 12 months.The developer is required to perform temporary
hauling of wastewater in the event homes are occupied before the pumping station is
completed.John Gibson stated that the developer suggested that the park land for plats 2 j
6
and 3 be included in the parkland for Daybreak,a development to the north.The Park
Board agreed that combining the acres from both developments would create a nicer
park.Mr.Gibson asked that the motion include a requirement that the two acres be
reserved for the larger park to be developed when Daybreak is closer to being completed.
Darlene Stanton and Jeff Mertz,both approved the change.In addition,Mr.Gibson
requested the resolution be changed to read "pumping capacity"and not "enlarging the
pumping station."Both Darlene Stanton and Jeff Mertz approved the change.Attorney
Steve Brick suggested the motion be:To approve the revised preliminary plat for Painted
Woods,Plats 2 &3 subject to the developer's written agreement concerning parkland
dedication and adhering to the conditions otherwise specified in the resolution.Darlene
so moved.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz,Bailey,Peard,Gruber.
Nays:None.Motion carried 5 -O.
(10)Ordinance:Consideration of amendment to Chapter 301,Waukee Municipal
Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing
certain property therein [rom R-l (Single Family Residential District)and PD-l
(Planned Development Overlay District)to R-4 (Row Dwelling and Townhome District)
and then to PD-l (Planned Development Overlay District);and amend the Official
zoning Map to show re-zoning (Glynn Village)(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.Mark indicated Steve Baumgarten is still pleased
with the development as long as the development proceeds as planned with the changes
suggested at the August IS,200S Council meeting.Council members Stanton and
Gruber thanked the developer,Mr.Tollackson,for his willingness to work with the
neighbors by adding additional design features.Roll call:Ayes:Mertz,Gruber,Peard,
Stanton,Bailey.Nays:None.Motion carried 5 -O.Mark J.Arentsen read the ordinance
in title only.Mayor Oberman declared the ordinance passed and duly adopted.
(11)Resolution:Consideration of Revised Preliminary Plat for Glynn Village Plat 1
Darlene Stanton moved to approve the resolution.Jeff Mertz second.Public Works
Director J olm Gibson requested the Council approve this resolution subj ect to the
developer lining up the alleys on either side ofthe north south street by Phil Broderick's;
specifically the alley on the west side of the street needs to be lined up with the alley on
the east.Council members Stanton and Mertz agreed to the change.Roll call on the
resolution as changed:Ayes:Mertz,Gruber,Bailey,Peard,Stanton.Nays:None.
Motion carried 5 -O.
(12)Ordinance:Consideration ofordinance to amend the Code of Ordinances,City of
Waukee,Iowa by adding Chapter 406 regarding Illicit Discharge to Storm Sewer
System This item removed from the agenda.
(13)Ordinance:Consideration of an ordinance to amend Chapter 303,Waukee
Municipal Code,Land Subdivision Regulations of the City of Waukee,Iowa,by
amending Section 303.150,"Time Period";so that it reads:"the Subdivider shall be
required to maintain all required improvements free of defects due to faulty materials
and workmanship after acceptance of the Certificate of Completion of said
improvements by the City Council for a period of four (4)years."Don Bailey
introduced the ordinance.Nick Gruber moved to have the first reading in title only,to
waive the second and third readings and to place this ordinance on its final passage.
Darlene Stanton second.Roll call:Ayes:Gruber,Stanton,Bailey,Mertz,Peard.Nays:
7
None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only.Mayor
Oberman declared the ordinance passed and duly adopted.
(K).Reports were given by Mark Arentsen,Jody Gunderson,Linda Burkhart,John
Gibson,Mik Briedis,Steve Brick,Darlene Stanton,Bill Peard,J effMertz,Don Bailey,
Jr.,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 5-0.
Meeting Adjourned at 8:35 PM.
C.Paardekooper,Deputy Cleric.
Attest:
Mark 1.Arent n City Administrator/Clerk
8