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Home My WebLink About2003-02-17-Regular MinutesWAUKEE CITY COUNCIL MINUTES FEBRUARY 17,2003 (1)Call to Order -The regularly scheduled meeting of the Waukee City Council was called to order by Mayor Pro Tern Bill Peard at 7:00 PM. (2)Pledge of Allegiance (3)Roll Call-The following members were present:Mayor Pro Tern Bill Peard,and Council members Nicholas Gruber,Donald Bailey,Jr.,Mike Watts and Wayne Johnson. (4)Open Forum -During the Open Forum,as suggested by Mayor Pro Tern Bill Peard,Tony Oberman,Jay Oxenford and Wayne Johnson,the three candidates for mayor,introduced themselves and discussed their candidacy.Mayor Pro Tern Peard indicated the Mayoral Candidate Forum would take place live on February 27 and March 13 at 7:00 PM and be broadcasted on Charrnel 7.The February 27 broadcast is sponsored by the Chamber of Commerce and will be replayed at 7:00 PM on March I and 2 and March 8 and 9.The March 13 broadcast is sponsored by the Library and will be replayed at 7:00 PM on March 15 and 16 and March 22 and 23. (7)Mayor's Report -Mayor Pro Tern Peard announced the City of Waukee was the recipient of $2.5 million in funds secured by Representative Tom Latham to be used for the proposed 1-80 Alice's Road /105th Street interchange.The Mayor Pro Tern thanked Rep Latham and all those whose efforts ensured that Waukee would be considered for these funds especially Jody Gunderson,Director of Community Development and Dierck Oosten,Chamber of Commerce rep for the City during the trip to Washington,D.C.Mayor Pro Tern Peard announced that Senator Grassley would be holding a public meeting 02-20-03 at the Raccoon Valley Community House from 2 to 3 o'clock and will be talking about jobs and the economy in Dallas County. (5)Agenda Additions /Approval-Mark Arentsen requested that Item #15 be deleted from this agenda.Wayne Johnson moved;Mike Watts second to approve the agenda as amended.Ayes:All.Nays:None.Motion carried 5-0. (6)Consent Agenda- A.Approving 01-31-03 Payroll and 02-12-03 Bill List B.Approving 02-03-03 City Council Minutes C.Approving Pay Application #11 from Rochon Corporation ofIowa in the amount of $21,636.04 D.Approving Class C Liquor License for Lucilla Corporation DBA Los Tres Arnigos E.Approving Class C Liquor License for Bill's Best Steak House, Inc.DBA Hometown Cafe &Lounge Nick Gruber moved to approve the items in the consent agenda.Wayne Johnson seconded the motion.Roll call:Ayes Gruber,Johnson,Watts,Bailey,Peard,Nays: None.Motion carried 5 -0. Bill List (02-17-03) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL: CITY OF WAUKEE 1,400.00 CITY OF WAUKEE 325.63 1 COMMUNICATIONS WORKERS OF AMERICA DEWEY FORD INC EFTPS PRAIRIE I-NET UNITED WAY CENTRAL IOWA TOTALS UNPAID BILLS PRESENTED FOR APPROVAL: ALLEGRA AMERICAN METER COMPANY ARAMARK UNIFORM SERVICES AT&T WIRELESS AUDIOVISUAL INC BAKER COMMUNICATIONS BRODERICK ANIMAL CLINIC BUSINESS COMMUNICATIONS BUTTERFIELD MANAGEMENT C &J LEASING C J COOPER &ASSOCIATES INC AMBER CARAVAN CARPENTER UNIFORM CO CDW GOVERNMENT INC CIGMA LLC CITY OF CLIVE COMPUSA INC DALLAS COUNTY NEWS DAN RAITT INC DEMCO DES MOINES INDUSTRIAL PRODUCTS DES MOINES STAMP MFG CO DES MOINES WATER WORKS DES MOINES WATER WORKS DICKINSON MACKAMAN TYLER DORSEY &WHITNEY ECPI/ARROWHEAD FORENSIC ELECTRIC PUMP &TOOL FEH ASSOCIATES INC FISHER CONTROLS INTL INC G &L CLOTHING GALE GROUP,THE GALL'S INC GENERAL FIRE &SAFETY EQUIPMENT GREENSLADES TOWING GROEBNER &ASSOCIATES INC HAWKEYE TRUCK EQUIPMENT HEARTLAND CO-OP CAROL "CINDY"HOL HY-VEE FOOD &DRUG CENTER IMAGING TECHNOLOGIES INDUSTRIAL SUPPLY SOLUTIONS INGRAM LIBRARY SERVICES INTERSTATE BATTERY SYSTEM IOWA ASSOCIATION OF MUNICIPAL IOWA DEPT OF TRANSPORTATION IOWA GARDENING MAGAZINE IOWA PIPELINE ASSOC INC IOWA SIGNAL &ELECTRIC CO J &M LOCK &KEY SERVICE 231.46 14,116.50 16,587.51 149.85 35.00 32,845.95 70.00 54.40 146.30 1,402.12 270.00 90.00 300.00 267.00 2,275.00 310.28 58.00 310.00 775.55 41041.48 8,591.35 932.02 502.83 933.46 427.00 94.88 207.44 30.85 4,596.08 18,572.90 195.00 1/513.91 83.53 15,395.00 1,475.00 109.19 566.40 91.80 218.93 31.00 105.00 1,052.77 101.20 2,394.80 31.00 15.71 ll8.85 136.00 311.36 73.95 75.00 76.90 14.95 586.53 718.00 18.50 I 2 JERICO SERVICES INC JERRY'S HOMES INC KENNY &GYL COMPANY KINKO'S INC LASER CAR LASER QUIPT LITHO GRAPHICS PRINT COMMUNICATIONS LOGAN CONTRACTORS SUPPLY LINDA MACK MARTIN MARIETTA AGGREGATE MENARDS MID AMERICAN ENERGY MID LAND EQUIPMENT COMPANY MID STATES SUPPLY COMPANY MIDWEST ENVIRONMENTAL SERVICES MUNICIPAL SUPPLY DEVON MURPHY-PETERSEN NAPA AUTO PARTS STORE NATIONAL ASSOCIATON OF CORROSION ENG NATIONAL WATERWORKS INC NES -TRAFFIC SIGN &MARK NETWORKS INC NOGG CHEMICAL &PAPER OFFICE DEPOT OLSON BROTHERS OLSON'S BODY &PAINT OMB POLICE SUPPLY PLUMB SUPPLY COMPANY PORTER-BOWERS SIGN CO INC PRAXAIR DISTRIBUTION #440 PROSECUTING ATTORNEYS QUALITY FORD OF WDM SAXTON INC BECKY SCHUETT SELECT OFFICE SYSTEMS SIMPLEX GRINNELL LP SPRAYER SPECIALTIES INC TEAM TWO INC TESTNET TRIPLETT OFFICE ESSENTIAL IQ\THLEEN UNDERWOOD UNITED PARCEL SERVICE US ENERGY SERVICES INC US POSTAL SERVICE USA BLUE BOOK WASTE MANAGEMENT OF IOWA WAUKEE HARDWARE &VARIETY WAUKEE ROTARY CLUB WAUKEE STATE -LIBRARY PETTY CASH CHAD WEAVER TOTALS (7)Mayor's Report:As written above. (8)Resolution:Approving purchase of a Book Security System for the New Library Mike Watts moved to approve purchase of the book security system for the library.Don Bailey second.Roll call:Ayes:Watts,Bailey,Gruber,Peard,Johnson.Nays:None. Motion carried 5 -O. 1,430.00 240.83 160.00 297.38 53.00 85.99 507.00 50.00 11.16 385.50 553.77 378.65 5.72 43.75 488.00 487.00 13 .68 646.73 250.00 57.23 900.00 408.96 16.66 1,337.58 607.05 195.00 308.32 268.48 552.50 34.44 52.00 694.48 189.60 7.92 6,069.72 50.00 60.42 231.70 18.00 230.10 83.10 9.17 237,032.18 37.00 980.43 22,301.36 627.58 250.00 215.70 45.16 350,729.22 3 (9)Resolution:Approving a course of action recommended by John D.Karrmann of FEB Associates to resolve the Waukee Library Concrete Curb and Paving Issue Nick Gruber moved to approve the resolution.Mike Watts second.Councilman Bailey requested that all councilmen defeat this resolution as this issue had previously been raised and a recommendation had already been submitted to the staff.Once the staff has reviewed the offers and negotiated one or more recommendations,those recommendations should come back to the council.Roll call:Ayes:None.Nays: Gruber,Watts,Johnson,Bailey,Peard.Motion defeated 0 -5. (10)Resolution:Approving City of Waukee's participation in the Electric Feasibility Study Mike Watts moved to approve participation in the electric feasibility study.Nick Gruber second.Mark Douglas,President of the Iowa Utility Association,Waukee residents and employees of Mid-American Energy:Jane Englehart and Paul Priest and MidAmerican Energy Senior Vice President Todd Raba provided significant information to the council with respect to this issue and spoke against Waukee's participation in the electric feasibility study.Bob Haug,Executive Director of the Iowa Association of Municipal Utilities,responded to several comments made by Mark Douglas,Jane Englehart and Paul Priest and answered questions ofthe Council.Mr.Haug indicated that every city that has a franchise with a utility distributor usually has a franchise that is 20 to 25 years in length.A city has only a few years towards the end of a franchise in which to review its options.This feasibility study occurring towards the end of the city's franchise with MidAmerican Energy will answer the question "What will the City of Waukee save if we establish a municipal utility?"The feasibility study at a fixed price of $6,500 will be completed in six to eight weeks from the order-to-start date.Roll call: Ayes:Watts,Gruber,Bailey,Peard.Nays:None.Abstentions:Johnson.Motion carried 4 -0 -1.Prior to the vote Mr.Bailey requested of Mr.Raba that MidAmerican Energy look into moving the substation located between the mobile home park and the middle school.Mr.Raba indicated he would check into and report back to city staff. (11)Resolution:Approving a preliminary resolution pursuant to Section 384.42 of the Iowa Code covering the R-22 Sanitary Sewer Improvements Project Nick Gruber moved to approve the resolution.Wayne Johnson second.Discussion with regard to staff responsibilities and expectation of staff.Roll call:Ayes:Gruber,Johnson,Bailey, Watts,Peard.Nays:None.Motion carried 5 -O. (12)Resolution:Approving and adopting preliminary plans and specifications, estimate of cost and plat and schedule for the R-22 Sanitary Sewer Improvements Project Mike Watts moved to approve the resolution.Nick Gruber second.Brief discussion of the changes in the plat and schedule.The request of Mr.and Mrs.Douglas Pooch during the previous proceedings was discussed.Mr.Pooch will take advantage of agricultural deferment for a portion of his property.In addition,proposed county action to be taken on behalf ofthose properties along R-22 not located in the city would not require hook up to the sewer line if the property was more than 300 feet from the sewer line.Currently the distance from the sewer line to the property must be 500 feet OT less before hook up is required.If approved,this change would probably be granted to those properties along R-22 within the city limits,which would affect Mr.and Mrs.Pooch. Roll call:Ayes:Watts,Gruber,Johnson,Bailey,Peard.Nays:None.Motion carried 5 - O. ] 4 (13)Resolution:Approving March 17,2003 as the date for a Public Hearing on the Proposed Resolution of Necessity for R-22 Sanitary Sewer Improvements Project Nick Gruber moved to approve.Mike Watts second.No discussion.Roll call:Ayes:Gruber, Watts,Johnson,Bailey,Peard.Nays:None.Motion carried 5 -O. (14)Resolution:Approving the Plat of Survey for Sunrise Ridge Mike Watts moved to approve this resolution.Wayne Johnson second.Paul Huscher discussed issues which he felt were not included in the Plat of Survey and which did not protect the City of Waukee from expenses associated with the development ofthe property at some later date.Larry Hague of Engineering Design Services representing John Grubb and Steve Grubb on this matter -a 1031 Exchange for this property with another -addressed the issue raised by Council and Attorney Huscher.He indicated that he would be willing to agree to the wording on the Plat of Survey to agree with the requirements as set forth by the City Attorney.Mike Watts amended his motion to put in the language that Mr. Hague and Attorney Huscher come up with.Wayne Johnson seconded the amended motion.Roll call:Ayes:Johnson,Gruber,Bailey.Nays:Watts,Peard.Motion carried 3 -2. (15)Resolution:Approving the Final Plat for Williams Pointe Plat 1 Removed from the agenda. (16)Public Hearing:On an Ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from M-1A (Limited Industrial District)to C-1 (Community and Highway Service Commercial District);and amend the Official Zoning Map to show re-zoning (a portion of the Alice's Road Neighborhood)Mayor Pro Tern Bill Peard opened the public hearing.No written comments were received prior to the meeting.No one present wished to address the issue.Mayor Pro Tern Peard closed the public hearing. (17)Ordinance:Approving an Ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from M-1A (Limited Industrial District)to C-1 (Community and Highway Service Commercial District);and amend the Official Zoning Map to show re-zoning (a portion of the Alice's Road Neighborhood)Don Bailey introduced the ordinance.Mike Watts moved to have the first reading in title only.Nick Gruber second.Roll call:Ayes:Watts,Gruber,Bailey,Peard,Johnson.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (18)Public Hearing:On an Ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from M-1 (Light Industrial District)to C-4 (Office Park Commercial District);and amend the Official Zoning Map to show re-zoning (a portion of Williams Pointe)Mayor Pro Tern Bill Peard opened the public hearing.No written comments were received prior to the meeting.No one present wished to address the issue.Mayor Pro Tern Peard closed the public hearing. (19)Ordinance:Approving an Ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from M-1 (Light Industrial District)to C-4 (Office Park Commercial District);and amend the Official Zoning Map to show re-zoning (a portion of Williams Pointe)Nick Gruber introduced the ordinance.Mike Watts moved 5 to have the first reading in title only.Wayne Johnson second.Roll call:Ayes:Watts, Johnson,Bailey,Gruber,Peard.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (20)Public Hearing:On an Ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from M-1 (Light Industrial District)to C-1 (Community and Highway Service Commercial District);and amend the Official Zoning Map to show re-zoning (Knapp /Grubb Properties)Mayor Pro Tem Bill Peard opened the public hearing.No written comments were received prior to the meeting.No one present wished to address the issue.Mayor Pro Tem Peard closed the public hearing. (21)Ordinance:Approving an Ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from M-1 (Light Industrial District)to C-1 (Community and Highway Service Commercial District);and amend the Official Zoning Map to show re-zoning (Knapp /Grubb Properties)Mike Watts introduced the ordinance.Wayne Johnson moved to have the first reading in title only.Nick Gruber second.Roll call: Ayes:Watts,Johnson,Gruber,Peard,Bailey.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (22)Public Hearing:On an Ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from M-1A (Limited Industrial District)to M-1 (Light Industrial District);and amend the Official Zoning Map to show re-zoning (Lots 4,5, and 6 of Enterprise Business Park)Mayor Pro Tern Bill Peard opened the public hearing.No written comments were received prior to the meeting.No one present wished to address the issue.Mayor Pro Tem Peard closed the public hearing. (23)Ordinance:Approving an Ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from M-1A (Limited Industrial District)to M-1 (Light Industrial District);and amend the Official Zoning Map to show re-zoning (Lots 4,5, and 6 of Enterprise Business Park)Mike Watts introduced the ordinance.Nick Gruber moved to have the first reading in title only.Don Bailey second.Roll call:Ayes: Gruber,Bailey,Watts,Peard.Nays:None.Abstentions:Johnson.Motion carried 4 -0 -1.Mark Arentsen read the ordinance in title only. (24)Ordinance:Approving an ordinance to amend Section 303.158A,Waukee Municipal Code,Development Capital Fees for Community Services,of the City of Waukee,Iowa,by deleting the first unnumbered paragraph of said section and subparagraph A thereof,and inserting in lieu thereof updated Development Capital Fees for Community Facilities as described in Section 1 hereof (third reading)Mike Watts moved to have the third reading in title only.Don Bailey second.Mr.Chuck Thomas representing the Home Builder's Association of Greater DM was present to thank the council for delaying approval of the ordinance until input was received from the Home Builder's Association.Mr.Thomas also requested that within the year the Council review all other permit fees to determine if the income received in code compliance was more than adequate to meet the needs of the department.If so,then Mr.Thomas respectfully requested the staff review the various permit fees and reduce where ever possible so as to counter balance the high increase in development capital fees.Roll call: 'I j J 6 Ayes:Watts,Bailey,Johnson,Gruber,Peard.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only.Nick Gruber moved to place this ordinance on its final passage.Mike Watts second.Roll call:Ayes:Gruber,Watts,Bailey,Johnson, Peard.Nays:None.Motion carried 5 -O.Mayor Pro Tern Peard declared this ordinance passed and duly adopted. (25)Ordinance:Approving an ordinance to amend Chapter 204,Section 204.5, Waukee Municipal Code,Rate of Rent and Manner of Payment,to provide for an increase in sewer rent base charge from $5.16for zero through 1,000 gallons of water usage per month,to $5.66,effective April 1,2003;and providing for an increase based on water usage in excess of the minimum of 1,000 gallons,from $3.84 per 1,000 gallons per month,to $4.34,effective April 1,2003.(third reading)Mike Watts moved to have the third reading in title only.Wayne Johnson second.There was considerable discussion with respect to the increase in sewer rental rates.Councilmen Bailey and Watts didn't feel that a raise in rates was justified at this time.Both thought waiting until the development capital fees increase had been in effect for a year was the better choice. Councilmen Peard and Gruber felt that an adjustment to the sewer rental rates was a prudent increase given the shortfall in the sanitary sewer utility.Councilman Johnson felt that an increase of $.25 was needed now rather than next year and rather than an increase of $.50 at this time.Mr.Watts amended his motion to increase the fees by $.25 so that the rate as of April 1,2003 for zero through 1,000 gallons of water usage per month would be $5.41 and the rate as of April 1,2003 for water usage in excess of the minimum 1,000 gallons would be $4.09 per 1,000 gallons per month.Wayne Johnson amended his second to concur.Roll call:Ayes:Johnson,Gruber,Peard.Nays:Watts,Bailey.Motion. carried 3 -2.Mark Arentsen read the ordinance in title only.Mike Watts moved to place this ordinance on its [mal passage.Wayne Johnson second.Roll call:Ayes: Johnson,Gruber,Peard.Nays:Watts,Bailey.Motion carried 3 -2.Mayor Pro Tern Peard declared this ordinance passed and duly adopted. (26)Motion:Setting 03-03-03 as the date for a public hearing on an ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa.by re-zoning and changing certain property therein from M-1A (Limited Industrial District)to C-1 (Community and Highway Service Commercial District); and amend the Official Zoning Map to show re-zoning Nick Gruber moved to approve the motion.Wayne Johnson second.Roll call:Ayes:Gruber,Johnson,Peard,Watts, Bailey.Nays:None.Motion carried 5 -O. REPORTS:Mark Arentsen,Linda Burkhart,John Gibson,Wayne Johnson,Don Bailey, and Nick Gruber gave reports. At this time Mayor Pro Tern Peard asked for a motion to adjourn.Nick Gruber moved. Mike Watts second,Ayes:All.Nays:None.Mo .arried 5-0. Meeting Adjourned at 9:57 PM.'< 7