HomeMy WebLinkAbout2005-09-19-Regular MinutesCITY OF ...f)
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WAUKEE CITY COUNCIL MINUTES
SEPTEMBER 19,2005
(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 -(1 )Richard Duhachek representing Immanuel Lutheran
Church discussed the expansion of the parking lot west of the Church and
requested the Council consider granting Immanuel Lutheran a connection to the
Library driveway,which would permit egress and ingress from the south as well
as from the north off Warrior Lane.Mr.Duhachek indicated this was an
agreement with the City from the time the library was being built.(2)Isaiah
McGee,an appointed Library Trustee,obj ected to the proposal,citing safety
concerns.(3)Denny Dohnage,a Library Foundation member,was opposed to the
proposed connection to the Library driveway and indicated that the Library was
willing to provide a sidewalk connection to the south entrance of the Immanuel
Lutheran Church so they could use the Library parking lot during those times
when the parking lot at Immanuel Lutheran was overflowing.(4)Dierck Oosten
informed the Council that the Chamber of Commerce would host the mayoral
candidates on the 4th of October and the Council candidates on the 13th of
October.Each starting at 7:00 P.M ..Mr.Oosten also discussed the updating of
the audio visual equipment in the council chambers from taping to digital.
(E)Agenda Approval-Nick Gruber moved to approve the agenda.Darlene Stanton
second.Roll call:Ayes:Gruber,Stanton,Peard,Mertz,Bailey.Nays:None.Motion
carried 5 -O.
(F)Mayor's Report attended the Mid Iowa Local Government Association meeting and
the Freight Roundtable meeting,which is a subcommittee of the MFO,during the last
week.The MayOT extends his appreciation to everyone who worked on the Fall Festival
-the Chamber of Commerce,the Waukee Park Board and other volunteers.The Mayor
will attend a Freight Roundtable subconnnittee meeting,which will study the way
'goods'move in and through the metro next week.
(G)Presentations:
(1)Trilix Marketing Group Todd Senne,Vice President of Marketing Services for
Trilix,on behalf of Trilix Marketing Group and the Web Marketing Association Mr.
Senne announced that the Waukee web site -www.waukee.org -received the 2005
Outstanding Web Site Award.There were more than 2100 entries from 33 different
countries with judges from this country as well as internationally.They were judged on
the basis of design and content,use of technology,use and many other categories.There
were 90 different categories including government in which Waukee was selected among
the top.As Mr.Senne stated it was really Jody Gunderson's team and the Council who
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backed the idea and the staff at Trilix who pulled this off.Council member Peard stated
that Council member Gruber was very much part of the development ofthe web page.
(H)Public Hearings:
(1)NONE
(I)Public Hearings Action Items:
(l)NONE
(J)Action Items:
(1)Consent Agenda-
A.Consideration of 09-14-05 Bill List
B.Consideration of 09-12-05 and 09-15-05 City Council Minutes
C.Resolution:Consideration,pursuant to Iowa Code §364.12(2)(a),for
closing certain portions of streets for the Waukee Community Schools
Homecoming Parade,which starts at 6:00 P.M.011 Thursday,September
22 at the Waukee Elementary School Parking Lot,Fifth St.and Locust
Street and ends at the Waukee Middle School Parking Lot
approximately one hour later.The parade route,identifying the streets
that will be closed,is:from the Elementary School parking lot west 011
Locust to Sixth Street,north on Sixth Street to Ashworth Drive,east on
Ashworth Drive to Fourth Street,South on Fourth Street to Northview;
east on Northview to Warrior Lane,south on Warrior Lane to Waukee
Middle School Parking lot where the parade will disburse.
Nick Gruber moved to approve the Consent Agenda.Darlene Stanton second.Roll call:
Ayes:Gruber,Stanton,Peard,Mertz,Bailey.Nays:None.Motion carried 5 -O.
Bill List(08-1 0-05)
CHECKS ISSUED PRIOR TO COUNCIL
APPROVAL:
ANDERSON,WILLIAM $
BETH RICHARDSON
CAROL FLEMING
CHARLIE EVANS
DALLAS COUNTY CLERK OF
COURT
DALLAS COUNTY CLERK OF
COURT
DALLAS COUNTY TREASURER
DALLAS COUNTY TREASURER
DAVID DEZEEUW
GREGORY BREUER
GRIMES,JASON I LISA
HICKORY TECH
HICKORY TECH
JEFF SPENCER
JERRYS HOMES
JERRYS HOMES
JERRYS HOMES
JILL ANDERSON
18.40
131.45
40.00
1,900.00
58.00
58,00
5,00
5,00
59,22
25,00
71,87
417,57
1,535,14
16.00
317.36
17.36
17,36
350,00
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KUM &GO
LINDA BURKHART
LISA TORGERSON
LORENZ,BOB J
MARCKETTI,MIKE
MEDIACOM
NANCY SAMCOE-L1NK
SAXMAN PRODUCTIONS
SCHOENAUER,ANN &FRANK
SUGAR CREEK CLOGGERS
TONY HANSON
TROY MAPES
WAUKEE STATE -CITY HALL
WAUKEE STATE-PW PCASH
WAUKEE STATE-PW PCASH
TOTALS
801.01
10.00
1,750.57
191.13
32.37
84.95
400.00
1,000.00
315.69
75.00
18.00
20.00
239.00
800.00
200.00
$10,980.45
UNPAID BILLLS PRESENTED FOR APPROVAL:
ALLIANCE MEDICAL
BLACKTOP SERVICE COMPANY
BOOKPAGE
BRICK GENTRY BOWERS SWARTZ
BUSINESS COMMUNICATIONS
CARPENTER UNIFORM CO
CENTRAL IOWA REGIONAL LIBRARY
CH2MHILL
CHECKPOINT SYSTEMS INC
CINGULAR WIRELESS
CITY OF WAUKEE
CITY OF WEST DES MOINES
CLIVE POWER EQUIPMENT
CORELL CONTRACTOR INC
DALLAS COUNTY NEWS
DALLAS COUNTY RECORDER
DAVIS SUN TURF
DEMCO
DENMAN &COMPANY LLP
DES MOINES AREA METRO PLANNING
DES MOINES REGISTER
DOWNING DEVELOPMENT LTO
EAGLE ENGRAVING
ED ELAM
ED M FELD EQUIPMENT CO
ELECTRICAL ENGINEERING EQUIPMENT
FOOTJOY
G &K SERVICES
GROEBNER &ASSOCIATES INC
HALLETT MATERIALS
HEARTLAND CO-OP
$102.00
23,831.73
180.00
27,684.34
219.45
253.02
1,545.00
5,681.89
531.87
1,657.47
98.49
20,600.00
98.24
746.46
1,700.99
32.00
17,291.04
88.14
8,000.00
150.00
48.75
2,800.00
28.20
65.00
227.00
148.94
141.67
117.74
86.47
1,590.91
3,880.96
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HIGHSMITH COMPANY
HOPKINS SPORTING GOODS
HY-VEE FOOD &DRUG CENTER
HY-VEE FOOD STORES INC
INDUSTRIAL SALES COMPANY
INFRASOURCE UNDERGROUND
CONSTRUCTION
INGRAM LIBRARY SERVICES
INTERSTATE ALL BATTERY CENTER
INTERSTATE BATTERY SYSTEM
IOWA LIBRARY ASSOC.
IOWA ONE CALL
IOWA SIGNAL &ELECTRIC CO
JANELLE VETTER
KELLI VORRATH
KYRABERG
LASER CAR WASH
LAWSON PRODUCTS INC
LESCO CREDIT SERVICES
LIBERTY READY MIX
LINDA BURKHART
MARTIN MARIETTA AGGREGATE
MENARDS
MID AMERICAN ENERGY
MID IOWA SALES COMPANY
MIDWEST UNDERGROUND SUPPLY
MURPHY TRACTOR &EQUIPMENT
NAPA AUTO PARTS STORE
NATIONAL ORGANIZATION SRV
NATIONAL WATERWORKS INC
NOGG CHEMICAL &PAPER
NORTHERN TOOL &EQUIPMENT
OFFICE DEPOT
OFFICE TEAM
O'HALLORAN INTERNATIONAL
PEPSI
PLUMB SUPPLY COMPANY
PURCHASE POWER
RAPID REPRODUCTIONS
RECORDED BOOKS LLC
RENAE MONTGOMERY
SIMPLEX GRINNELL LP
SOUTH DALLAS COUNTY LANDFILL
SOUTHERN CROSS CORP
T.PETERS,LLC
TEAM TWO INC
THE GALE GROUP
THOSE INK GUYS
TOMPKINS INDUSTRIES
112.41
174.65
53.64
10.00
130.50
7,408.67
1,158.99
34.93
45.95
350.00
442.20
150.00
24.00
18.00
24.00
124.00
32.55
49.82
840.00
49.77
277.85
187.37
1,477.55
109,68
8,365.00
207.15
920.15
1,120.71
144.19
141.72
692.15
618.69
280.64
89.63
263.50
64.50
1,051.99
3.75
124.60
10,00
204.20
32.00
310.10
400.00
766.95
64.05
76.75
193.26
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TRIM DESIGN OF CENTRAL IOWA
TRIPLETT OFFICE ESSENTIAL
TRUCK EQUIPMENT INC
UNITED RENTALS
UNIVERSAL PRINTING SRV
VEENSTRA &KIMM INC
VISA
WAUKEE HARDWARE &VARIETY
WAYNE MANUFACTURING CO LC
WILLIAMS TURF FARMS
XENIA RURAL WATER
TOTALS
106.00
30.00
770AO
401.92
2,120.00
14,634.59
751.98
766.36
2,517.74
165.00
103.33
$171,427.30
(2)Resolution:Consideration of Preliminary Platfor Williams Pointe II,Plat 10 Jeff
Mertz moved the resolution.Bill Peard second.Public Works Director John Gibson
indicated all comments had been addressed.Planning Director Chad Weaver stated the
P &Z comments related to the Planned Development Agreement with respect to signage
and flags should be a condition of the approval Council member Mertz added the
recommendations ofP&Z to his motion.Council member Peard second.Roll call:Ayes:
Mertz,Peard,Bailey,Gruber,Stanton.Nays:None.Motion carried 5 -O.
(3)Resolution:Consideration of Construction Plans for Williams Pointe II,Plat 10
Don Bailey,Jr.moved to approve.Jeff Mertz second.Brief discussion concerning an
item which will be worked out in the field as the construction progress occurred.Roll
call:Ayes:Bailey,Mertz,Peard,Gruber,Stanton.Nays:None.Motion carried 5 -O.
(4)Resolution:Consideration of revised construction drawings for Glynn Village Nick
Gruber moved to approve the resolution.Darlene Stanton second.My.Gibson indicated
that all comments have been addressed.Roll call:Ayes:Gruber,Stanton,Peard,Bailey,
Mertz.Nays:None.Motion carried 5 -O.
(5)Resolution:Consideration of Site Plan for Legacy Pointe Village Center -Village
Market Nick Gruber moved to approve;Darlene Stanton second.Roll call:Ayes:
Gruber,Stanton,Peard,Mertz,Bailey.Nays:None.Motion carried 5 -O.
(6)Resolution:Consideration of Site Plan for Legacy Pointe Senior Care Center Don
Bailey,Jr.moved to approve the resolution.Jeff Mertz second.Andrew Reich of Stott
and Associates Architects presented the plan.The type of screening to be used to screen
headlights from neighboring homes is to be a dense vegetation or a continuous hedgerow,
which even when the leaves are no longer on the bushes will still deflect the headlights.
Mr.Reich indicated that if problems arise with the neighbors because the hedgerow is not
working as anticipated,Mr.Reich stated he would work with the City on replacement of
the hedgerows with something which would shield the neighbors from automobile
headlights.Roll call:Ayes:Bailey,Mertz,Stanton,Gruber,Peard,Nays:None.Motion
carried 5 -O.
(7)Resolution:Consideration of Development Agreement for Shottenkirk Chevrolet
Nick Gruber moved to approve.Jeff Mertz second.A change to the Development
Agreement suggested by City Attorney Steve Brick is to add "in addition to our overlay
corridor district standards"to the end of each sentence in 4(a),4(b)and 4(c).The owner
ofShottenkirk Chevrolet did not have an objection to this addition according to Mr.Tony
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Baxter.There is litigation between Bob Brown Chevrolet and the General Motors
Corporation over the assignment of the Area of Primary Responsibility.Once this issue
is resolved,the owner(s)ofShottenkirk Chevrolet is prepared to proceed with the final
construction to conform to C-l District Standards or to the Overlay Corridor District
Standards.The time frame for completion of the proj ect,which is to conform to C-l
District and the Overlay District Standards according to the agreement is basically 6
months following the Area of Primary Responsibility Determination Date.Council
member Stanton felt this was too open and took control of the situation out of the hands
of the City and placed it in the Courts,Council member Mertz agreed that a date should
be assigned for completion of the project with review coming at the date selected.Mr.
Tony Baxter,a representative of Shottenkirk Chevrolet,spoke to the Council and assured
them that plans were proceeding to improve the area where Shottenkirle Chevrolet is
located.Council members Gruber,Bailey and Peard supported the staff,the attorneys,
the dealership in creating a development agreement which provides guidelines for
development without being too constraining in terms of completion deadlines.Mayor
Oberman agreed with Council member Bailey and encouraged the staffto worle with the
business as much as possible.Roll call:Ayes:Gruber,Mertz,Peard,Bailey.Nays:
Stanton.Motion carried 4 -1.
(8)Resolution:Consideration of Site Plan for Shottenkirk Chevrolet Addition Don
Bailey moved to approve the Site Plan.Nick Gruber second.Brief discussion.Roll call:
Ayes:Bailey,Gruber,Stanton,Peard,Mertz.Nays:None.Motion carried 5 -O.
(9)Resolution:Consideration of Final Plat for Willow Brook Plat 4 Bill Peard moved
to approve the resolution.Jeff Mertz second.Public Works Director John Gibson
indicated that most items were complete.Of the three remaining items on the punch list,
the last:property pins should be in place before the Final Plat is filed with the County
Recorder.Director Gibson requested the Council approve the Final Plat with the
understanding that the Final Plat would not be filed until after the property pins were set.
Roll call:Ayes:Peard,Mertz,Gruber,Bailey,Stanton.Nays:None.Motion carried 5 -
O.
(10)Resolution:Consideration of an addendum to the current lease agreement with
Downing Development Steve Downing informed John Gibson that they had another
tenant for the location being rented by the City and offered a smaller unit.Mr.Gibson
agreed to the change to ensure the equipment was protected from the weather.Don L.
Bailey,Jr.moved to approve the resolution.Jeff Mertz second.In addition Mr.Bailey
asked that the construction of the Public Works facility be put on the Workshop Agenda
for the 21 st.Roll call:Ayes:Bailey,Mertz,Stanton,Peard,Gruber.Nays:None.Motion
carried 5 -O.
(11)Resolution:Consideration of Meter Reading Agreement with WDM Water Works
Nick Gruber moved to approve the resolution.Darlene Stanton second.The Des Moines
Water Works,whose employees have been doing our meter reading will not continue.
Public Works Director John Gibson indicated West Des Moines Water Works charged
the least for meter reading and were familiar with the City's system.WDM meter readers
will learn the gas meter reading.Further discussion included the implementation of radio
read,which is 2 to 3 years away from now.Roll call:Ayes:Gruber,Stanton,Bailey,
Peard,Mertz.Nays:None.Motion carried 5 -O.
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(12)Resolution:Consideration per Munic~f.al Code §501.28 to establish 15 ton weight
embargo on L.A.Grant Parkway from 312"Street south to Ashworth Rd Jeff Mertz
moved the resolution.Darlene Stanton second.Public Works Director John Gibson said
that once approved,this request for an embargo on L.A.Grant Pkwy would go to Jim
George,County Engineer's Office to be presented to the County Supervisor's meeting on
the 27th ofthis month.Roll call:Ayes:Mertz,Stanton,Gruber,Bailey,Peard.Nays:
None.Motion carried 5 -O.
(13)Resolution:Consideration of Certification of Reimbursable Debt in accordance
with the Ewing Land Development and Services Development Agreement and
acknolwedging the Collateral Assignment of Development Agreement to Bankers Trust
Company,N.A.Don Bailey,Jr.moved to approve;Bill Peard second.Community
Deveopment Director J ody Gunderson clarified that none of the expenses totaling no
more than 1.25 million dollars and being certified as reimbursable debt were the result of
the paving ofthe street south of Hickman and immediately west of the ClivelWaukee
border.In addition City Attorney Brick explained the collateral assignment.Roll call:
Ayes:Bailey,Peard,Mertz,Gruber,Stanton.Nays:None.Motion carried 5 -O.
(14)Resolution:Consideration of the City of Waukee's Annual Street Finance Report,
and directing the City Clerk of the City of Waukee to file the report with the
Department of Transportation Jeff Mertz moved to approve the resolution.Darlene
Stanton second.No comments.Roll call:Ayes:Mertz,Stanton,Bailey,Peard,Gruber.
Nays:None.Motion carried 5 -O.
(15)Resolution:Consideration of an application for funding from the Federal Surface
Transportation Program (STP)to the Des Moines Area Metropolitan Organization
(MPO)for the purpose of assisting in the funding of construction of (1)widening of
University Avenue from Alice's Road west to L.A.Grant Parkway;(2)widening of
Alice's Roadfrom Highway 6 to University Avenue;and (3)construction of Alice's
Roadfrom University Avenue to Ashworth Road and further approving the application
which obligates the City of Waukee to provide matching funds for the construction of
said projects Bill Peard moved to approve the resolution.Don Bailey,Jr.second.Jody
Gunderson explained the previous year's ratings,stated that new trafficking software
would be used this year and,also,certain areas,because of development,would have
different traffic counts.These applications arc for funding year 2009.The City plans to
widen University Avenue from Waco Place up to and a little beyond the Alice's
RoadlUniversity Avenue intersection.The intersection will be re-constructed.Roll call:
Ayes:Peard,Bailey,Stanton,Gruber,Mertz.Nays:None.Motion carried 5 -O.
(16)Resolution:Consideration of an application for funding from the Federal Surface
Transportation Program Transportation Enhancement (STP TE)to the Des Moines
Area Metropolitan Planning Organization (MPO)for the Partial Funding for the
Construction of a multi-purpose trail to be built connecting Centennial Park,Warrior
Park,and Sugar Creek Golf Course into the Lower Trail System and further,
approving the application which obligates the City of Waukee to matching funds for
the construction of said project Nick Gruber moved to approve the resolution.Darlene
Stanton second.Roll call:Ayes:Gruber,Stanton,Peard,Mertz,Bailey.Nays:None.
Motion carried 5 -O.
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(17)Ordinance:Consideration of 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 ami intent,
applicability provisions,definitions,permit requirements,design guidelines and
standards,prohibitions,violations and penalties,exemptions and effective date (second
reading)Darlene Stanton moved to have the second reading in title only.Don Bailey,
Jr.second.Council member Stanton handed out Energy -Efficiency with Lighting,a
pamphlet distributed by the government,the Energy Star Program information including
the possibility of businesses becoming Energy Star rated.High pressure sodium lamps,
which were discussed at the 09-12-05 meeting,had been reviewed by Ms.Stanton who
suggested the high pressure sodium lamps be permitted in areas that are not accessible to
the general public.Council member Gruber agreed and suggested that the change be
inserted in 3(a)to replace "High pressure sodium lights are strictly prohibited."Council
member Mertz agreed and added "and not adj acent to an R zoned property"to the above.
Council member Gruber questioned whether 'building mounted neon lighting"should be
in the sign ordinance -§304.5(N)(3)(c)1.City Attorney Steve Brick indicated he thought
this was part of the architectural design of the building and not part of the signage.Mr.
Gruber also questioned limiting lighting under a canopy to thirty-five (35)foot-candles.
Mr.Gruber was thinking that it should be at least 65 foot-candles.The conversation with
respect to this concern did not resolve the issue.This topic will be brought back at the
October 3,2005 meeting.Nick Gruber moved to amend the original motion by adding
Section (d)(3)from the hand-out to §304.5(N)(3)(a)and adding "and not adjacent to R
zoned property (all classifications)."Don Bailey,Jr.second.Roll call on the amendment
to the motion:Ayes:Gruber,Bailey,Peard,Stanton,Mertz.Nays:None.Motion carried
5 -O.Roll call on the amended motion:Ayes:Stanton,Bailey,Gruber,Mertz,Peard.
Nays:None.Motion carried 5 -O.Before the next meeting staff is (1)to determine the
engineering society standard specification for foot-candles under a canopy;and (2)
complete further research on the foot-candles for canopies at Casey's at Warrior Lane
and Hickman and Fourth St and Ashworth Dr.,and Kum &Go,Fourth St and Laurel and
University Ave.and L.A.Grant Pkwy.Mik Briedis,City Engineer,also suggested
getting a reading from the convenience store/gas station at Johnston Drive and NW
Lower Beaver Rd.Mr.Briedis mentioned that convenience/gas stores might be
considered closed because the canopy lighting in foot-candles is low.Roll call on the
amended motion:Ayes:Stanton,Bailey,Gruber,Peard,Mertz.Nays:None.Motion
carried 5 -O.Mark Arentsen read the ordinance in title only.
(18)Ordinance:Consideration to amend Chapter 502,Waukee Municipal Code,
Traffic Regulations of the City of Waukee,Iowa,by adding to Section 502 "Parking
Regulations",Certain Public Streets as specified below (intro,first reading)Don
Bailey introduced the ordinance.Nick Gruber moved to have the first reading in title
only,waive the second and third reading and place this ordinance on its final passage.
The purpose of this ordinance is to add the new subdivisions to determine street parking.
Roll call:Ayes:Gruber,Stanton,Bailey,Peard,Mertz.Nays:None.Motion carried 5 -
O.Mark Arentsen read the ordinance in title only.Mayor Oberman declared the
ordinance passed and duly adopted.
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(K).Reports were given by Mark Arentsen,Jody Gunderson,Linda Burkhart,John
Gibson,Darlene Stanton,Bill Peard,Jeff Mertz,Don Bailey,Jr.,Nick Gruber.
Brief discussion of the railroad right-of-way -the right-of-way will be cleaned up and
maintained as the bike trail on Highway 6 is currently maintained.
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 8:41 PM.
C.Paardekooper,Deputy Clerk.
Attest: