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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