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HomeMy WebLinkAbout2005-09-19-Regular MinutesCITY OF ...f) Jl~~~!!:'V 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 CITY OF J) Jl~~~!L!N:V 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 CITY OF J), Jl~~~!L~N:'V 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 CITY OF ..fl Jl~~~!L!:'V 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 CITY OF ..f} I~~~!L!:V 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 CITY OF ..f}=~~~~L~N:'V 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. CITY OF ..f) Jl~~~!L!:'\) (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. I~~~!.-o (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. CITY OF ..f) Jl'!!~!L!:'\) (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: