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Home My WebLink About2005-09-12-Regular MinutesCITY OF ..f) I~:':!~~L~N:V WAUKEE CITY COUNCIL MINUTES SEPTEMBER 12,2005 (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,Bill Peard,and Darlene Stanton. (D)Open Forum -No one present wished to address the council on an issue not on the agenda. (E)Agenda Approval-Jeff Mertz moved to approve the agenda.Nick Gruber second.Roll call:Ayes:Mertz,Gruber,Peard,Stanton,Bailey.Nays:None.Motion carried 5 -O. (F)Mayor's Report Mayor will attend the Mid-Iowa Association of Local Govemments Meeting,the MPO Freight Round Table and the MPO Meeting.Mayor reminded everyone of the Fall Festival.Mayor Oberman also indicated his prayers and thoughts were with the hurricane survivors. (G)Presentations: (1)None. (H)Public Hearings: (1)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 Mayor Oberman opened the public hearing. City Administrator/Clerk Mark Arentsen indicated we had not received any written comments prior to the hearing.LaITy Lyons,606 Boone Drive,requested the Council be aware of the burdens placed on Code Compliance Staff and on new businesses.Mr. Lyons suggested the Council keep the lighting ordinance simple.No other person present wished to address the Council on this issue.Mayor Oberman closed the public hearing. (I)Public Hearings Action Items: (1)Consideration a/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 Don Bailey,Jr. introduced the ordinance.Darlene Stanton moved to have the first reading in title only. Bill Peard second.Council members Mertz and Gruber were opposed to various portions of this ordinance.Council member Mertz indicated he could not support the ordinance as written.Mr.Mertz had four major concerns:(1)Under Applicability,§304.5(N)(I)(b)- "...Zoning Districts shall comply with the requirements set forth herein 15 years after the effective date ofthe ordinance."Mr.Mertz did not think there should be a replacement time frame,Replacement should occur as a means of repair or re-modeling or cost saving regardless ofthe number of years.(2)§304.5(N)(3)(a)-"All lamps shall be halogen or metal halide to reduce glare and minimize light trespass.The use of high pressure 1 CITY OF ..f") Jl~~~!L~N:V sodium lamps is strictly prohibited."Mr.Mertz felt there were other lights,which could be used.He also conj ectured that newer lights would be developed,which would be better than halogen or metal halide.(3)§304.5(N)(3)(c)-"...An exterior lighting fixture that emits less than 1800 lumens ...covering."Mr.Mertz doesn't think the limitation of 1800 lumens is wan-anted.(4)Street lighting should be regulated by the City Engineer utilizing the Standard Specifications ofthe City.Council member Stanton,sponsor of this ordinance,stressed safety issues when discussing the ordinance.Ms.Stanton thought a 15 year time limit for businesses to come into compliance with the ordinance was reasonable.The types oflights as discussed in §304.5(N)(3)(a)will be reviewed and discussed before the next reading so the City doesn't limit its options if no pressure sodium lights,whether high or low.Council member Stanton indicated 1800 lumens was equivalent to 100 or 150 watt light bulbs and would not be required to be in "a full cut-off fixture,"as set forth in §304.5(N)(3)(c).Ms Stanton suggested that the "and"in the last part of the last sentence in this same section be changed to "or";so that the change reflects the understanding that either "no glare"OR "opaque covering"would be in compliance with the code.In this ordinance,foot candles are being used as the measurement guide for parking lot lighting;so as to provide adequate lighting without glare.Council member Peard supported the light ordinance for the City as a guideline for developers.Council member Gruber indicated he also could not support the 15 year limit during which fixtures,not in compliance with the ordinance would need to be replaced. Other issues for Mr.Gruber were §304.5(N)(3)(c2e)lighting for pedestrian walkways, §304.5(N)(1)(b)definition of "use of property"and §304.5(N)(3)(c)use of word "glare". Council member Bailey stated an individual working in the building industry stated that insurance companies require certain lighting when constructing businesses and we are complying with many of the requirements because of this.He also felt that the ordinance as written should be modified,if there is a reasonable accommodation that can be made, and should be passed.Future Councils will make necessary changes as lighting and associated rules and regulations change and develop.Brief discussion concerning the pedestrian walkway.Council member Gruber moved to amend the ordinance so (1) §304.5(N)(1 )(b)-"use of property"was defined;(2)§304.5(N)(1)(b)-the requirement for replacement oflight fixtures in 15 years would be struck;(3)§304.5(N)(3)(e)- lighting for walkways could include poles.Further discussion about the City's responsibility in changing lights or light fixtures to comply in 15 years.The Mayor and the Council thought the City would have to comply with the regulations.After further discussion,Planning Director Chad Weaver suggested defining the streets with City's Standard Specifications and applying this ordinance to commercial development and townhomes.This idea will be looked into later,if necessary.Don Bailey,Jr.moved to second Council member Gruber's motion,if Council member Gruber would include §304.5(N)(3)(c),last paragraph -"creates no glare and has an opaque covering would be changed to "creates no glare or has an opaque covering".Council member Gruber agreed.Council member Mertz clarified his thoughts on this issue for the Council and for the citizens.After further discussion,Council member Stanton suggested deleting §304.5(N)(I)(b).Council members Gruber and Bailey accepted that change to their motion.The motion to amend then became to (1)Delete §304.5(N)(1)(b);(2)Change "and"to "or"in the last sentence of §304.5(N)(3)(c);and (3)Change §304.5(N)(3)(e)to 2 CITY OF .J) Jl~~~!L~N:'V include poles.Council member Mertz suggested setting a limitation on the pole height to be 12 feet.Council member Gruber had no problem with that.Roll call on the amendment to the original motion:Ayes:Gruber,Bailey,Peard,Mertz,Stanton.Nays: None.Motion carried 5 -O.Mayor Oberman and Council member Peard discussed the perspective of businesses and of government to this ordinance as well as other ordinances.Roll call on the original motion as amended:Ayes:Gruber,Bailey,Stanton, Peard.Nays:Mertz.Motion carried 4 -1.During the discussion,Council member Stanton thanked Chief Phillips for his booklet,"Lighting for Public Safety."Chief Phillips contacted different communities and their input,plus his own research indicated there are no apparent safety issues to address with the proposed ordinance. (J)Action Items: (1)Consent Agenda- A.Consideration of 08-31-05 Payroll &09-07-05 Bill List B.Consideration of 08-29-05 City Council Minutes C.Consideration of renewal of Class C Liquor License with Sunday Sales and Outdoor Service fOTMipFour,Inc.dba Mickey's Irish Pub D.Consideration of transfer of premise fOTKe11l1Y'sPub Inc.dba Kenny's Pub (1n the Park) E.Consideration of Change Order #1 increasing the contract with Synergy Contracting,LLC for Sugar Creek Pump Station and Trunk Sewer in the amount of $26,784.00 F.Consideration of Pay Estimate in the amount of $94,035.50 to Synergy Contracting,LLC for Sugar Creek Pump Station and Trunk Sewer G.Resolution:Consideration of Certificate of Completion for Parkview Crossing Plat 6 H.Resolution:Consideration of Certificate of Completion for Parkview Crossing Plat 7 Nick Gruber moved to approve the Consent Agenda.Darlene Stanton second.Councilmember Stanton thanked Finance Director Lindar Burkhart for the General Fund Departmental Report included in the bill list.Roll call:Ayes:Gruber,Stanton,Bailey,Peard,Mertz.Nays:None. Motion carried 5 -O. Bill List(08-1 0-05) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL: BETH RICHARDSON $14.39 BUD HUMPHREY 8.00 CHRISTOPHER KELLER 11.36 CITY OF WAUKEE 1,545.00 CITY OF WAUKEE 669.36 COLLECTION SERVICES CENTER 328.00 COMMERCIAL FEDERAL BANK 179.75 COMMUNICATIONS WORKERS OF 414.05 DAVID DEZEEUW 11.80 DAVID DEZEEUW 398.37 DOMINO'S PIZZA 100.00 3 CITY OF .f) JlC!:~~~L~N:'V EFTPS ELITE EDGE TRAINING FRED NESBIT DISTRIBUTING FRED NESBIT DISTRIBUTING GARAPATI,KUSUMA HOFFMAN,AMIE D ICMA RETIREMENT TRUST 457 IOWA BEVERAGE SYSTEMS INC IOWA BEVERAGE SYSTEMS INC IOWA PARK &RECREATION ASSOC IPERS IPERS -POLICE JEFFREY MELLENCAMP JERRYS HOMES JERRYS HOMES KRAKAU,MARK E KUM &GO LARRY SMIDT MARGGIE WEIR MASON,SYLVIA M MBNA AMERICA BUSINESS CARD MBNA AMERICA BUSINESS CARD MEDIACOM MIKE BRODERICK REGENCY BUILDERS INC REGENCY BUILDERS INC REGENCY BUILDERS INC SARA MULLEN SARA MULLEN SCOTT WRIGHT SCOTT WRIGHT TONY HANSON TONY HANSON TREASURER STATE OF IOWA UNITED WAY CENTRAL IOWA US POSTAL SERVICE US POSTAL SERVICE US POSTAL SERVICE VERIZON WIRELESS WAUKEE STATE -GOLF COURSE WEST DES MOINES UMPIRES XENIA RURAL WATER DISTR TOTALS 28,482.48 20.72 99.90 257.25 100.00 100.00 2,620.03 191.70 295.60 95,00 13,547.40 6,714.37 50.00 18.38 40.25 100.00 645.98 95.00 25.19 100.00 50.04 975.68 79.95 6,500.00 17.36 120.39 28.81 81.00 25.00 26.00 489.08 33.23 40.00 9,237.71 43,50 1,136,61 516,00 527.28 6,175.47 116,39 945,00 113,394.70 197,838,53 UNPAID BILLS PRESENTED FOR APPROVAL 09/12/2005: AAA AWARDS &EMBROIDERY $6.65 ACTION ELECTRICAL 317.23 AGRI DRAIN CORP 226.87 ALICE &CAROLYN MYERS 627.76 4 CITY OF .f) Jl~:'!~!L~N:V ALLIANCE MEDICAL AMERICAN BOTTLING COMPANY AMYTERWEE ANNEAR POWER EQUIPMENT ATLAS PEN &PENCIL CORP. BAKER COMMUNICATIONS BORDER STATES ELECTRIC SUPPLY BRUSKE PRODUCTS INC BUILDING &PROPERTY MAl NT. BUSINESS COMMUNICATIONS C J COOPER &ASSOCIATES CAPITAL CITY EQUIPMENT CO CARPENTER UNIFORM CO CENTRAL BUSINESS FORMS CFI TIRE SERVICE CHARTER BANK CITY OF DES MOINES CITY OF WAUKEE CLASSIC FLORAL &GIFTS COMPETITIVE EDGE CORELL CONTRACTOR INC COUNTRY CLINIC CRYSTAL CLEAR BOTTLED WATER CUSTOM AWARDS DALLAS COUNTY EMS DAN RAITT INC DAVIS SUN TURF DES MOINES REGISTER DIAMOND VOGEL PAINTS DON HIXSON DORSEY &WHITNEY ED M FELD EQUIPMENT CO ELECTRICAL ENGINEERING EQUIPMENT ELECTRONIC ENGINEERING CO FAREWAY STORES FESLERSINC G &K SERVICES G &L CLOTHING GALL'S INC GRIMES ASPHALT &PAVING HARMON AUTO GLASS HEWLETT-PACKARD COMPANY HORNUNG'S GOLF PRODUCTS HYDRO LOGIC HYDRO METERING TECHNOLOGY HY-VEE FOOD &DRUG CENTER INDUSTRIAL SALES COMPANY INVENTORY TRADING COMPANY IOWA ALCOHOLIC BEVERAGES 104.90 784.50 19.50 1,169.50 35.28 135.00 237.14 33.01 2,185.00 773.95 30.00 1,859.53 338.82 139.00 75.08 1,000.00 20.00 2,163.59 187.50 56.14 151.30 450.00 29.90 34.65 275.00 674.00 607.83 722.85 279.80 105.00 4,303.70 354.00 939.44 122.00 160.71 51.83 220.93 651.64 12421 56112 42.40 115.00 63.78 820.57 1,206.65 236.35 1,692.13 31.75 25.00 5 CITY OF -f') Jl~:':!~!L~N:'V IOWA BOARD OF NURSING IOWA SIGNAL &ELECTRIC CO IOWA TRANSIT JAMIE LEA'S INC JODY GUNDERSON KEITH MCKAY LAIDLAW TRANSIT INC LASER CAR WASH LAW ENFORCEMENT SYSTEMS LAWSON PRODUCTS INC LEROY HARMS LESCO CREDIT SERVICES LIBERTY READY MIX LOGAN CONTRACTORS SUPPLY MARK ARENTSEN MARTIN MARIETTA AGGREGATE MAS MODERN MARKETING MEDIACOM MENARDS MERCURY INSTRUMENTS INC MID AMERICAN ENERGY MID STATES FORD INC MIDLAND COMPUTER INC MIDWEST ENVIRONMENTAL SRV MSA PROFESSIONAL SERVICES INC MUNICIPAL SUPPLY NATIONAL WATERWORKS INC NOGG CHEMICAL &PAPER OFFICE DEPOT OLSON BROTHERS PEPSI PHILIP L ASCHEMAN PHD PLUMB SUPPLY COMPANY PRAXAIR DISTRIBUTION #440 PRESS CITIZEN SHOPPER QUALITY FORD OF WDM R &R PRODUCTS INC RED WING SHOE STORE REGENCY BUILDERS ROBERTS COMPANY INC SPEED'S AUTOMOTIVE SUPPLY STANFORD'S TREE SPADE SRV SUE STEDMAN SUNBELT RENTALS INC TIMBER PINE INC TOMPKINS INDUSTRIES TOUR EDGE GOLF MFG TPALTD TRIPLETT OFFICE ESSENTIAL 26.13 225.00 142.00 54.02 250.00 3.20 82.68 122.00 46.00 464.02 75.00 370.72 1,536.75 277.08 250.00 802.62 478.48 99.95 391.78 174.58 11,244.60 39,784.00 770.00 488.00 11,250.00 447.28 65.24 104.34 671.26 836.70 174.10 100.00 100.20 48.08 846.00 534.65 517.58 294.50 13.96 237.50 6,825.00 630.00 75.00 188.76 203.60 33.33 35.92 376.00 71.00 6 UNITED RENTALS 100.48 UNITED SEEDS INC 1,950.00 UNIVERSAL PRINTING SRV 75.00 US ENERGY SERVICES INC 100,366.68 VAN-WALL EQUIPMENT INC 469.39 WASTE MANAGEMENT OF IOWA 33,903.30 WAUKEE STATE-L1BR CASH 251.68 WAYNE DENNIS SUPPLY CO 9.12 WEBSTER ELECTRIC 100.00 ZIMCOSUPPLYCO 141.12 TOTALS $247,784.87 (2)Resolution:Consideration of percentage of Building Permit Fee for waiving fees for charitable or public purposes and setting September 19,2005 as the date for a public hearing on an ordinance to amend Section 30I.28(B)Nick Gruber moved to approve the resolution. Jeff Mertz second.Council member Bailey began the discussion of this item questioning whether there was time for the notice of public hearing.Cathy Paardekooper,unable to verify whether the notice had been sent,indicated that publication on Thursday would fall within the State Code requirements for public notice.Council member Stanton suggested there are two issues,charitable giving and waiving fees,and suggested that further discussion take place before a decision is made.Ms Stanton suggested this item be placed on the Workshop Discussion List for September 21,2005.Council members Gruber and Mertz withdrew their motion and second to approve the resolution.Darlene Stanton moved to place this item on the workshop agenda for the 21 st of September.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz, Bailey,Peard,Gruber.Nays:None.Motion carried 5 -O. (3)Resolution:This item removed from the agenda. (4)Resolution:Consideration for the waiving of permit fees for the construction by Gratias Construction Inc.of a home located at 1655 SE Hawthorn Ridge Nick Gruber moved to approve this resolution.Jeff Mertz second.Attorney Steve Brick indicated that §301.28(B)is a portion of the building permit fee,which states "The Council may,for good cause shown waive the fee required herein where the building,structure,accessory building or fence is constructed by a charitable,educational,or religious organization for public purposes."Council member Bailey's position was that we did not follow procedure by not bringing the item before Council for its approval in February or March,2005.Mr.Bailey requested a written explanation of how and why this was approved by Mr.Arentsen.Mr.Arentsen indicated in his memo dated February 23,2005 all Council members had the opportunity to voice an opinion and,if no one did,Mr.Arentsen would approve the donation.Although a memo addressing this issue was sent to Council members,it was not the proper procedure for approval of a request for funds.Council member Stanton agreed with that and also stated she would not have supported gender specific donations.Council members Mertz and Peard agreed that the procedure had not been followed; but stated we had made a commitment and must approve the donation of reducing permit fees by 50%.City Administrator Mark Arentsen stated he had failed to follow the correct procedure when requesting approval and in approving this donation.Mayor Oberman asked for the roll call on this issue.Roll call:Ayes:Gruber,Mertz,Peard.Nays:Stanton,Bailey.Motion carried 3 - 2. (5)Resolution:Consideration for waiving of permit fees for the construction of Waukee Stadium Restroom and Concession Stand for the Waukee School District Jeff Mertz moved to 7 CITY OF ..f) Jl~~~!L!N:'V approve this resolution.Darlene Stanton second.Council member Stanton indicated in reviewing the records,she discovered the Council had agreed to the waiving of fees for the concession stand in exchange for the completion of the curb and gutter on Fifth Street by the elementary school during an August 16,2004 Council meeting.Council member Bailey stated that this permit was approved improperly over a year ago and the auditor's would have reviewed it.Mr.Bailey also stated he agreed to the waiving ofthe fees;but would abstain from voting this time due to family employment issues.Council member Gruber suggested this was two public entities,which should work together and he had no problems in forgiving the fees.Council member Peard indicated he would waive the fees because he thought we had a tradition of waiving the school fees.Council member Stanton showed other Council members by use of a drawing that Waukee makes-up 25%of the area ofthe school district.West Des Moines,Clive and Urbandale comprise the other 75%.Ms.Stanton went on to say that forgiving the fees places the burden 100%upon the citizens of Waukee.She also indicated there were other ways to support the Waukee School District.After further discussion,Mayor Oberman called for a vote on this issue to provide documentation for the waiving of fees for the concession stand. Roll call:Ayes:Mertz,Stanton,Peard,Gruber,Nays:None.Absent:None.Abstention:Bailey. Motion carried 4 -0 -0 -l. (6)Resolution:Consideration of COiltract witli ETC Institute for Directioll Fillder®Citizen. Satisfaction and Needs Survey Darlene Stanton moved to approve the resolution.Jeff Mertz second.Council member Bailey reminded everyone that he had requested the $10,000 allocated to this project be given to the library.He preferred more questions or comments from citizens correcting problems or addressing new issues or questioning old ways rather than a non-specific questionnaire,which is to be mailed or phoned.Council member Stanton suggested that each section have a write-in section.Council members Peard and Gruber think the phone response is better than the written response.Mayor Oberman asked Council member Stanton to work with Mark Arentsen and get all questions answered.Roll call:Ayes:Stanton,Meltz,Gruber,Peard. Nays:Bailey.Motion carried 4 -l. (7)Resolution:This item removed from the agenda. (8)Resolution:Consideration of Final Plat for The Village at Grace Wood Jeff Meltz moved to approve.Darlene Stanton second.Tim Royer,Public Works Ass't Director stated that the final plat was to be approved with the understanding that it would not be filed until legal descriptions of all easements remaining were part of the record.Council members Mertz and Stanton agreed to that stipulation.Roll call:Ayes:Mertz,Stanton,Gruber,Peard,Bailey.Nays: None.Motion carried 5 -O. (9)Resolution:This item removed from the agenda. (10)Ordinance:Consideration of ordinance to amend tlte Code of Ordinances,City of Waukee,Iowa by adding Chapter 406 regarding Illicit Discharge to Storm Sewer System (intro and first reading)Darlene Stanton introduced the ordinance.Don Bailey,Jr.moved to have the first reading in title only.Nick Gruber second.Roll call:Ayes:Bailey,Gruber, Stanton,Peard,Meltz.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (11)Ordinance:Consideration of 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 8 CITY OF ..f) Jl'!:~~!L~N:'V 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.(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,Peard,Stanton.Nays:None.Motion carried 5 - O.Mark Arentsen read the ordinance in title only.Mayor Oberman declared this ordinance passed and duly adopted. (12)Resolution:Consideration of Site Plan for Legacy Pointe Village Center -Village Market Planning Director Chad Weaver indicated that this item would be discussion only and would be brought back at the next meeting.Don Bailey,Jr.moved the resolution without taking any action.Jeff Mertz second.Scott Stricker and Peter Mond,design and construction manager were present to discuss the changes made in the design of the Village Market and Site Plan for the Village Center.Several changes were made to the design of the buildings in the 2.93 acre site.Mr.Stricker explained the lighting,landscaping and parking the site;indicating in the latter two that the Site Plan requirements are exceeded by more tree or shrub plantings and by more parking spaces than required.Mr.Mond discussed the design of the buildings including changes in the window locations. (K).Reports Mark Arentsen,Cathy Paardekooper,Jodi Gunderson,Tim Royer,Mik Briedis, Chad Weaver,Steve Brick,Darlene Stanton,Bill Peard,J eff Mertz,Don Bailey,Nick Gruber. Mayor Oberman asked for a motion to adjoum.Darlene Stanton moved.Jeff Mertz second. Ayes:All.Nays:None.Motion carried 5-0. Meeting Adjoumed at 8:41PM. C.Paardekooper,Deputy Clerk. Attest: 9