HomeMy WebLinkAbout2005-02-28-Regular MinutesWAUKEE CITY COUNCIL MINUTES
FEBRUARY 28,2005 )
(1)Call to Order -The regular meeting of the Waukee City Council was called to order
by Mayor Oberman at 7:00 PM.
(2)Pledge of Allegiance
(3)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.
(4)Open Forum -No one present wished to address the council on an issue not
on the agenda.
(5)Agenda Approval-Darlene Stanton moved and Don Bailey,Jr.seconded the
approval of the agenda with the following changes:(1)council minutes -02-14-05 and
02-22-05 (P&Z)were corrected;(2)Items 6F,10 and 11 were re-ordered so they
appeared on the agenda as Items 11,10 and 6F,with 6F removed from the consent
agenda;and (3)Item 21 was moved to Item 12a.Roll call:Ayes:Stanton,Bailey,
Gruber,Peard,Mertz.Nays:None.Motion carried 5-0.
(6)Consent Agenda-
A.Approving 02-15-05 Payroll &02-23-05 Bill List
B.Approving 02-14-05,02-22-05 and 02-22-05 (P&Z)City Council Minutes
C.Approving Renewal of Class C Liquor License with Sunday Sales for Lucila
Corporation dba Los Tres Amigos
D.Approving Renewal of Class C Liquor License for Bill's Best Steak House,Inc.dba
Hometown Cafe &Lounge
E.Approving Renewal of Class B Beer Permit and Class C Wine Permit for Fareway
Stores,Inc.dba Fareway Stores Inc.#989
F.Approving Class B Beer Permit with Sunday Sales for the City of Waukee dba Sugar
Creek Municipal Golf Course -This item removed from the consent agenda.
G.Motion:Setting March 14,2005 as the date of a public hearing on an amendment to
Chapter 301.19,"C-2"Central Business District,Waukee Municipal Code,Zoning
Ordinance,"C-2"Central Business District,to remove reference to owner occupied
dwelling units as a Principal Permitted Use by deleting §30 1.19(A)(2)and
§301.19(A)(4)
H.Motion:Setting March 14,2005 as the date of a public hearing on an amendment to
Section 301.31,Waukee Municipal Code,Zoning Ordinance oftbe City of Waukee,
Iowa,Schedule of Fees,by deleting from the line commencing with the words,
"Construction Inspection,"the words,"$50.00/hour,and inserting in lieu thereof the
words,"$60.00/hour,so that the hourly rate for construction inspection is $60.00 per
hour.
1.Approving Bill Peard as alternate member of the Municipal Advisory Council
(MAC)
Nick Gruber moved,Darlene Stanton second to approve Items 6A through 61 excluding
Item 6F.Roll call:Ayes:Gruber,Stanton,Bailey,Mertz,Peard.Nays:None.Motion
carried 5-0.
Bill List (02-23-05)
ISSUED PRIOR TO COUNCIL APPROVAL:
CARPENTER UNIFORM CO $173.52
CITY OF WAUKEE 1,545.00
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CITY OF WAUKEE
COLLECTION SERVICES CENTE
COMMUNICATIONS WORKERS
OF
CRAIG WERNER
DALLAS COUNTY TREASURER
DANIEL HOWELL
EFTPS
ERIC COLEMAN
IOWA ASSOCIATION OF MUNIC
IOWA WATER POLLUTION
CONT
JORDAN RICHARDSON
JUANITA SIMMONS
KOCH BROTHERS
LINDSAY GILLAND
MADISON YOUNG
MARTIN COLGAN
MEDIACOM
PAM CUMPSTON
PRE-PAID LEGAL SERVICES
ROBERTA CORNELISON
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
UNITED WAY CENTRAL IOWA
WAUKEE STATE -CITY HALL
TOTALS
638.08
208.00
330.61
72.00
5.00
20.00
23,394.64
24.00
60.00
80.00
15.00
40.00
442.95
40.00
15.00
160.00
79.95
24.00
45.85
95.00
5,792.86
474.27
15,616.78
43.50
253.60
$49,689.61
UNPAID BILLS PRESENTED FOR APPROVAL:
A-1 ELECTRIC $
ADAMSON INDUSTRIES CORP
AGRI DRAIN CORP
ALLIANCE MEDICAL
ALLIED SYSTEMS INC
AMERITAS LIFE INSURANCE
ARAMARK UNIFORM SERVICES
BAKER COMMUNICATIONS
BRENTWOOD DEVELOPMENT CO
BRICK,JOE
BRODERICK ANIMAL CLINIC
BROWN SUPPLY CO INC
BUSINESS COMMUNICATIONS
CAPITAL CITY EQUIPMENT CO
CARPENTER UNIFORM CO
CFI TIRE SERVICE
CHUCK ENLOW
COUNTRY CLUB WOODS LC
CRYSTAL CLEAR
DALLAS COUNTY EMS
DALLAS COUNTY FIRST RESPONDERS
169.75
87.90
225.15
720.64
1,187.05
3,787.44
201.95
90.00
5,871.90
1,755.22
150.00
60.00
92.00
468.40
43.20
85.00
35.00
8,421.50
5.95
350.00
15.00
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DALLAS COUNTY RECORDER
DAN RAITT INC
DELORES BARBIERI
DES MOINES STAMP MFG CO
DES MOINES WATER WORKS
DICKINSON MACKAMAN TYLER
D-N-P GARAGE DOORS
DOWNING DEVELOPMENT LTD
EAST PARK DEVELOPMENT
ED M FELD EQUIPMENT CO
EDM EQUIPMENT CO
ELECTRONIC ENGINEERING CO
FASTENAL COMPANY
FASTPRO INTERNATIONAL INC
FIRE SERVICE TRAINING BUR
FIREGUARD
GENERAL FIRE &SAFETY EQU
GLOBAL EQUIPMENT CO
GOLDEN CIRCLE MUNICIPAL
GREATER DES MOINES PARTNERSHIP
GRUBB,GERALD 0 &NANCY N
GRUBB,STEPHEN R
HALLETT MATERIALS
HAWKEYE TRUCK EQUIPMENT
HEARTLAND CO-OP
HY-VEE FOOD &DRUG CENTER
INSURANCE ASSOC OF IOWA
INTERNATIONAL CONFERENCE
INTERSTATE ALL BATTERY
IOWA LEAGUE OF CITIES
IOWA METHODIST MED CNTR
IOWA ONE CALL
IOWA RURAL WATER ASSOC
KAL INC
KOHLES DEVELOPMENT LC
LANDS END BUSINESS OUTFIT
LAWSON PRODUCTS INC
LINDA BURKHART
MADISON NATIONAL LIFE
MARK ANDERSON
MARTIN MARIETTA AGGREGATE
MC2,INC.
MEDIACOM
MENARDS
METLIFE SMALL BUSINESS
MID AMERICAN ENERGY
MID STATES FORD INC
MIDLAND COMPUTER INC
MIDWEST ENVIRONMENTAL SRV
NAPA AUTO PARTS STORE
121.00
216.94
75.00
34.75
39,117.30
312.00
450.00
9,066.02
11,700.82
1,383.00
595.88
32.00
10.88
114.16
250.00
43.14
189.25
64.78
35.00
3,500.00
51,403.25
3,141.32
602.35
136.00
8,058.71
45.50
5,097.00
100.00
15.00
50.00
35.00
102.20
10.00
1,594.43
6,244.57
29.00
215.64
43.69
1,230.03
5,956.59
438.62
2,131.17
79.95
209.11
613.91
16,145.56
3,798.08
49.00
732.00
1,398.58
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NATIONAL WATERWORKS INC 20,044.00
NEWMAN TRAFFIC SIGNS 57.31
NOGG CHEMICAL &PAPER 283.14
NORTHERN TOOL &EQUIPMENT 232.39
OFFICE DEPOT 1,303.36
O'HALLORAN INTERNATIONAL 127.64
OLSON BROTHERS 207.56
PATC 60.00
PLUMB SUPPLY COMPANY 90.25
PORTER-BOWERS SIGN CO INC 251.00
PR DIAMOND PRODUCTS INC 183.00
QUALITY FORD OF WDM 838.63
QWEST 58.80
SECRETARY OF STATE 30.00
SIMPLEX GRINNELL LP 206.00
STANDARD BEARINGS 13.18
STOREY-KENWORTHY COMPANY 859.08
TEAM TWO INC 971.35
TIM SULLIVAN 70.00
TRIPLETT OFFICE ESSENTIAL 169.20
UNITED PARCEL SERVICE 28.03
UNITED STATES CELLULAR 58.03
WALSH DOOR &HARDWARE 750.00
WASTE MANAGEMENT OF IOWA 243.20
WAUKEE HARDWARE &VARIETY 1,047.18
WAUKEE STATE -PO P CASH 160.45
WEST DES MOINES WATER WRK 18,025.81
WESTGATE PARTNERSHIP 33,852.12
WILLIAMS POINTE DEVELOP 18,008.60
WINDFIELD DEVELOPMENT 2,029.13
WINDFIELD DEVELOPMENT II 36,214.33
ZIEGLER INC 161.19
TOTALS $337,475.19
(7)Mayor's Report:During the past two weeks,the mayor attended the Shottenkirk
Auto Dealership Ribbon Cutting;along with Bill Peard and Mark Arentsen met with the
Waukee Schools last week;and also attended the lighting workshop last week.Ribbon
cutting will take place this week for Kum &Go on SE University and Council workshop
will take place Monday,March 7.
(8)Public Hearing:On the Proposed FY2006 Budget Mayor Oberman opened the
public hearing.No written comments had been received prior to the hearing.Council
member Bailey discussed the $10,000 set aside for survey of satisfaction to be
administered to City of Waukee residents during FY06.Mr.Bailey did not think it was
appropriate to proceed with the survey now or next year.He suggested the money would
be better spent if added to the library budget to permit extending the open hours or hiring
additional help.No other person wished to address the council on this issue.Mayor
Oberman closed the public hearing.
(9)Resolution:Approving the Proposed FY2006 Budget Jeff Mertz moved to approve
the resolution.Darlene Stanton second.Roll call:Ayes:Mertz,Stanton,Peard,Gruber.
Nays:Bailey.Motion carried 4 -1.
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(11)Resolution:Approving Final Purchase Agreement for Sugar Creek Golf Course
Don Bailey moved to approve the resolution.Nick Gruber second.Council member
Stanton asked about paragraph 18C -City Attorney Paul Buscher indicated we had a
letter stating that approval was given by all members ofthe two L.L.Cs.Mr.Buscher
also explained the agreement;what parts of the agreement meant and how it developed.
Briefly discussed the season pass.Council member Bailey stated several reasons why he
did not approve of the purchase of the Sugar Creek Golf Course during the last meeting.
The reasons he mentioned did not get into the minutes;therefore,they are stated here for
the record:(l)Purchase of a golf course was never part of the Capital Proj ects Plan since
07-23-04;(2)Park and Recreation Survey completed in December 2004 did not indicate
a reference or preference for a golf course;(3)City will be participating in alcohol sales
at the golf course and should not;(4)City did not have an appraisal for the golf course
before a price was agreed upon.Mr.Bailey thinks the City is overpaying.(5)Purchase
Agreement changed daily prior to the Monday evening meeting;(6)Water fund will not
be paid back;(7)possibly could lower taxes,if did not purchase golf course;(8)
Recreational opportunity is offered by the private sector and should not be taken over by
the public sector.Nick Gruber indicated he did not think the purchase price was too high
-purchasing developed land at very reasonable rate.Council member Gruber said the
city should take advantage of a land purchase that will in part pay for itself.Council
member Mertz indicated that youth golf pro grams would help to expand park and
recreation opportunities,This purchase does not tie up capital revenue;but,instead
permits a payback from the operation to assist in paying for the land.Alcohol sales at
public courses are common.Council member Stanton is in favor of purchasing the golf
course.Waukee residents have indicated to her that they want the city to purchase the
golf course and keep it as green space.Mayor Oberman indicated that the private sector
wanted to purchase the land and tum it into residential space.Council member Peard
indicated that council men'lbers who have supported purchases in the past have done so
after much research and study.Mr.Peard thinks this purchase is a good recreational
opportunity for all ages.Roll call:Ayes:Gruber,Stanton,Peard,Mertz.Nays:Bailey.
Motion carried 4 -1.
(10)Resolution:Approving Sale of Old Library Building located at 500 s"Street to
Sugar Creek Golf,L.L.C.and Sugar Land,L.L.C.for $200,000 Nick Gruber moved to
approve the sale.Darlene Stanton second.There is a possibility that after the sale of the
library,a petition to rezone the property might be forthcoming.However,it is only a
possibility and not part of the sale.After much discussion the Council determined the
$100,000 still owed by the Library Foundation to the water fund would remain a debt that
would be assumed by the golf course.Treasurer Linda Burkhart in a discussion with the
auditors indicated that the debt of the Library Foundation to the Water Enterprise Fund
would be cancelled.The debt would be assumed by the Golf Course and remain on the
books until such time that the Golf Course can repay the $100,000 debt to the Water
Enterprise Fund,Mr.Bailey appreciated this explanation and indicated during Roll Call
that he would vote for this resolution because of a clearer understanding of how the
$100,000 debt would be handled.Roll call:Ayes:Gruber,Stanton,Mertz,Peard,Bailey.
Nays:None.Motion carried 5 -O.
(6F)Cousent Agenda:Approving Class B Beer Permit with Sunday Sales for the City
of Waukee dba Sugar Creek Municipal Golf Course Darlene Stanton moved to
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approve;Jeff Mertz second,Brief Discussion,Roll call:Ayes:Stanton,Meltz,Gruber,
Peard.Nays:Bailey,Motion carried 4 -1.
(12)Resolution:Approving Sale of 1990 Quick Attack Grass Fire Response Truck by
the Waukee Fire Department Don Bailey,Jr.moved to approve this item.Jeff Mertz
second,Ass't Fire Chief Mark Schmitt,present to discuss this item,indicated that a
second truck currently in service would be used for grass fires,The truck being sold is a
1990 Ford Quick Attack Grass Fire with manual transmission worth between $15,000
and $20,000.Offering price is $18,500.Roll call:Ayes:Bailey,Mertz,Peard,Gruber,
Stanton,Nays:None.Motion carried 5 -O.
(12a)Resolution:Item 21 -Approving purchase of 2001 Ford Expedition from Mid
States Ford for $13,100 for Fire Department Nick Gruber moved to approve,Darlene
Stanton second.Ass't Fire Chief Mark Schmitt present to discuss purchase of this
vehicle for transporting fire fighters to a fire,According to Ass't Fire Chief Clint
Robinson in a note to the Council,personnel capacity of the engines and the ladder truck
is limited,Roll call:Ayes:Gruber,Stanton,Peard,Mertz,Bailey,Nays:None.Motion
carried 5 -O.The 2001 Ford Expedition will be purchased for $13,100;$2,400 will be
used for lettering,siren,and light b81'on the Ford;and $3,000 will go into the truck
replacement fund,
(13)Resolution:Site Plan for Ernst Funeral Home to be at 80 Dartmoor Drive Bill
Pe81'd moved to approve the resolution,Jeff Meltz second.City Administrator Mark
Arentsen indicated the Heartland Tire owners would be willing to move their entrance in
exchange for a second sign on their building.Rather than agree to the request without
further review,Mr.Arentsen suggested proceeding with this project to prepare the site
and construct the building.Mr.Dave Harrison of Design Alliance,Waukee's largest
architectural firm,was present to discuss the drawings and elevations.He also indicated
that the Ernst family would be working with staff to correct any problems that might
occur during the development stage,Lighting will be addressed at a later date,The
shared drive-way to the south will constructed and paid for at the time of the
development of the property to the south,Roll call:Ayes:Peard,Meltz,Gruber,Stanton,
Bailey,Nays:None.Motion carried 5 -O.
(14)Resolution:Re-approving current policy for the re-submittal of site plans that
have received prior approval of the City Council Darlene Stanton moved to approve this
resolution,Jeff Meltz second,Minor changes in the site pl811will be managed by the
staff;major changes will require a payment of the site plan approval fee 811dreview by
P&Z and Council.Roll call:Ayes:Stanton,Meltz,Bailey,Peard,Gruber.Nays:None,
Motion carried 5 -0,
(15)ORDINANCE:To amend Chapter 301,properties along 6th Street,North of the
Downtown District,from C-1 (Community and Highway Service Commercial District)
to R-2 (One and Two Family Residential District);and amend the Official Zoning Map
to show re-zoning (second reading)Jeff Meltz moved to have the second reading.
Darlene Stanton second,Council member Bailey requested that the second reading be
read in title only,that the third reading be waived and that this ordinance be placed on its
final passage,Council members Meltz and Stanton agreed to the change.Roll call:
Meltz,Stanton,Bailey,Peard,Gruber.Nays:None.Motion carried 5 -0,M81'k J,
Arentsen read the ordinance in title only,Mayor Oberman declared the ordinance passed
and duly adopted,
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(16)ORDINANCE:To amend Chapter 213A of the Municipal Code of the City of
Waukee,Providing for the Assessing of Fees or Charges for the Collection,Processing
and Marketing of Solid Waste and Recyclable Materials within the city limits of the
City of Waukee,Iowa,is amended as to Sections 213A.3(A)and 213A.3(B)to include
Collection of Yard Waste from April 1 through November 30 each year,and to increase
collection charges for single family residences and for a dwelling of two (2)or three (3)
units.from $12.39 to $13.83;to provide that each mobile home in a mobile home park
shall be treated as a single family dwelling;and amended as to Section 213A.3(C)to
delete any provision for mobile homes in mobile home parks in said subsection;and as
to Section 213A.3(E)to provide that changes in provisions for fees set out in this
ordinance may be made by resolution of the City Council;further amended as to Section
213A.3(D)to delete said subsection so that $8.00 is to no longer be charged residents for
replacement of lost,stolen or damaged recycling containers;and by renumbering in
alphanumeric order each subsection thereafter.(second reading)Darlene Stanton moved
to have the second reading in title only.Nick Gruber second.Brief discussion.Roll call:
Ayes:Stanton,Gruber,Bailey,Peard,Mertz.Nays:None.Motion carried 5 -O.Mark J.
Arentsen read the ordinance in title only.
(17)Ordinance:To Amend Chapter 305,Section 305.4(8),Waukee Municipal Code,
Sign Ordinance,by adding as Subsection '4'the following:"Window Signs:All
window signs,whether temporary or permanent,shall be restricted to ItO more than ten
(10)percent of the size of the applicable window area.Typical window signs include,
but are not limited to:painted signage,neon beverage signs,sale and product ads,etc.
Larger signage can be permitted on a temporary basis pursuant to items 5 and 6 below.
Exceptions to this item include seasonal non-commercial items and local or school
related events (e.g.,homecoming window painting)";and by renumbering in numerical
order each subsection thereafter.(second reading)Don Bailey,Jr.moved to have the
second reading in title only.Jeff Mertz second.Director of Planning Chad Weaver
indicated that of the neighboring communities only Johnston had an ordinance similar to
Waukee's proposed ordinance.The temporary permits would be for four to six weeks.
Roll call:Ayes:Bailey,Mertz,Stanton,Peard,Gruber.Nays:None.Motion carried 5 -
O.Mark J.Arentsen read the ordinance in title only.
(18)Ordinance:To amend Chapter 200,Waukee Municipal Code,Civil Ordinances,
Section 218,by incorporating the 2004 City of Waukee Sidewalk Program for the
purpose of clarifying and improving the requirements of abutting property owners to
maintain sidewalk and parking and to construct new sidewalks where required,'and by
renumbering each successive section in said Chapter in numerical order (third
reading)Jeff Mertz moved to have the third reading in title only and place on final
passage.Darlene Stanton second.Public Works Director John Gibson indicated that
residents whose sidewalks were scheduled for inspection,repair or construction during
this year,would be informed as soon as the ordinance was passed.Roll call:Ayes:
Mertz,Stanton,Gruber,Peard.Nays:Bailey.Motion carried 4 -1.Mark J.Arentsen
read the ordinance in title only.Mayor Oberman declared the ordinance passed and duly
adopted.
(19)Ordinance:To establish a Connection Fee District and Fees for connection
of property in said district to the R22 Sewer District to recover the equitable portion of
tlte costs thereof (third reading)Nick Gruber moved to have the third reading in title
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only.Jeff Meltz second.Brief Discussion.Roll call:Ayes:Gruber,Mertz,Peard,
Bailey,Stanton.Nays:None.Motion carried 5 -O.Mark J.Arentsen read the ordinance
in title only.Mayor Oberman declared the ordinance passed and duly adopted.
(20)Resolution:Approving Cooperative Agreement with the Iowa Department of
Transportation and the City of West Des Moines to develop and construct a new
interchange on Primary Road No.1-80,.STP-U-8177(603)·-70-25 Don Bailey,Jr.
moved to approve the resolution.Jeff Mertz second.Director of Community
Development,J ody Gunderson explained the agreement as a template for these types of
projects.He also indicated that the agreement includes the pre-location study.The
agreement permits us to move forward.Roll call:Ayes:Bailey,Meltz,Gruber,Peard,
Stanton.Nays:None.Motion carried 5 -O.
(21)Resolution:Approving purchase of 2001 Ford Expedition from Mid States Ford
for $13,100.00 for Fire Department This item moved to 12a.
(22)Discussion:Concerning city attorney selection process This discussion item is
being postponed to March 7 Council Workshop.
(23)Discussion:Selection of topics for discussion at tentatively scheduled Council
Workshop for March 7,2005 Topics suggested for discussion at a Council Workshop
are I)Selection process for new city attorney;2)Rules and procedures for Ad Hoc and
Advisory Committees;3)Council Retreat;4)Reps at meetings -library,police,fire;5)
in-house communication policy;6)April delegation to Washington;7)Web Site;8)
Advertisement of programs -parks&rec,library,police or fife;9)Townhome standards;
10)Library Funds;11)second census;12)update from P &2
REPORTS:were presented by Mark Arentsen,Jody Gunderson,Dennis Dowell,Linda
Burkhart,John Gibson,Mile Briedis,Chad Weaver,Paul Huscher,Darlene Stanton,Bill
Peard,Jeff Mertz,Don Bailey,Nick Gruber.
Mayor Oberman asked for a motion to adjoum.Darlene Stanton moved.Don Bailey,Jr.
second.Ayes:All.Nays:None.Motion carried 5-0.
Meeting Adjourned at 8:32 PM.
C.Paardekooper,Deputy Clerk
Attest:
1 City Administrator/Clerk
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