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HomeMy WebLinkAbout2005-03-28-Regular MinutesWAUKEE CITY COUNCIL MINUTES MARCH 28,2005 I (1)Call to Order -The regular meeting of the Waukee City Council was called to order by Mayor Oberman at 7:02 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,and Darlene Stanton.Council member Peard absent. (4)Open Forum -No one present wished to address the Council on an issue not on the agenda. (5)Agenda Approval-No changes.Darlene Stanton moved;Nick Gruber second to approve the agenda as written.Ayes:Stanton,Gruber,Bailey,Mertz Nays:None. Absent:Peard.Motion carried 4 -0 -I. (6)Consent Agenda- A.Approving 03-15-05 Payroll &03-23-05 Bill List B.Approving 03-14-05 City Council Minutes C.Resolution:Setting April II,2005 at 5:30PM as the date and time of a public hearing for a loan agreement with Charter Bank in the amount of $24,150.00 over 4 years at a 4.25%fixed interest rate for the purchase ofa 2005 Jacobson LS-3407 Fairway mower D.Resolution:Setting Apri14,2005 as the date of a public hearing for a loan agreement with Charter Bank for a General Obligation Note in the amount of $98,889.00 over 5 years at a 4.25%fixed interest rate for purchase of a 2005 Tymco 600 Street Sweeper Darlene Stanton moved,Jeff Mertz second to approve all items.Council member Bailey commented on the Bill Presentation ReCap and requested a separate listing ofthe expenditure items,which were not planned-for in the original budget.The Mayor also requested a report prepared for him be distributed to other council members.The report explains those items where revenue or expenditures are higher or lower than expected. Mr.Bailey also requested additional information concerning an item in the bill list. Ayes:Stanton,Mertz,Bailey,Gruber,Nays:None.Absent:Peard,Motion carried 4 -0 -I. I Bill List (03-23-05) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL: ASHLEY BURKHART $ BUTCHEREIT,LUCINDA CITY OF WAUKEE CITY OF WAUKEE COLLECTION SERVICES CENTER COMMUNICATIONS WORKERS OF AMERICA CRAIG WERNER DALLAS COUNTY RECORDER 45.00 50.00 1,545.00 613.58 208.00 410.98 162.00 2,239.20 I DALLAS COUNTY RECORDER DALLAS COUNTY TREASURER DES MOINES REGISTER EFTPS FREIGHTLINER OF DM INC GROSS,MARC I L HEARTLAND CO-OP HICKORY TECH IOWA DEPT OF NATURAL RESOURCES IOWA PARK &RECREATION ASSOC IOWA STATE BAR ASSOCIATION IWPCA JACOB RICHARDSON JOHN DEERE HEALTH PLAN INC JORDAN RICHARDSON LALONE,RYAN J LISA BUELOW MATT JERMIER MEDIACOM PRE-PAID LEGAL SERVICES PURCHASE POWER ROBERTA CORNELISON ROBERTA CORNELISON ROSS,JILL SIEBRECHT,SCOTT SUGAR CREEK GOLF LLC SUGAR LAND LLC TREASURER STATE OF IOWA TREASURER STATE OF IOWA TREASURER STATE OF IOWA UNITED WAY CENTRAL IOWA US POSTAL SERVICE VERIZON WIRELESS VISA WAUKEE STATE-PW PCASH WELLS FARGO MORTGAGE WELLS FARGO MORTGAGE WINTER,MIKE /KERRI TOTALS 640.00 28,946.87 5,316.05 21,923.40 271.52 100.00 329.32 430.83 15000 225.00 50.00 60.00 45.00 42,356.23 30.00 21.94 288.00 260.42 84.95 45.85 1,019.00 323.00 190.00 100.00 100.00 186,715.16 1,248,688.00 5,454.09 483.41 11,175.59 43.50 1,105.28 28.43 93.60 50.00 64,857.05 86,684.92 49.32 $1,714,009.49 UNPAID BILLS PRESENTED FOR APPROVAL 03/28/2005: ACCESS DATA CORPORATION $4,050.00 AJ GARRETT &ASSOCIATES 2,940.00 ALLIED SYSTEMS INC 6,260.49 AMERICAN PUBLIC WORKS ASSOCIATION 122.00 AMERITAS LIFE INSURANCE 3,920.12 ARAMARK UNIFORM SERVICES 201.95 AWWA-IA SECTION REGION V 300.00 BAKER COMMUNICATIONS 180.00 BAKER ELECTRIC INC 4,359.85 2 BUSINESS PUBLICATIONS CAREER TRACK CARGILL INC-SALT DIVISION CARPENTER UNIFORM CO CFI TIRE SERVICE CITY OF WAUKEE COMPETITIVE EDGE COMPUSA INC COUNTRY CLINIC CRAIG KICKBUSH CRYSTAL CLEAR BOTTLED WATER DAHLS FOOD STORE DALLAS COUNTY NEWS DALLAS COUNTY RECORDER DES MOINES AREA COMMUNITY COLLEGE DES MOINES REGISTER DES MOINES STAMP MFG CO DES MOINES WATER WORKS DOWNING DEVELOPMENT LTO ED M FELD EQUIPMENT CO ELECTRICAL ENGINEERING EQ ELECTRONIC ENGINEERING CO EMERGENCY MEDICAL PRODUCTS FASTENAL COMPANY FASTPRO INTERNATIONAL INC FRED CRAWFORD CONSTRUCTION FUN SERVICES GLOBAL EQUIPMENT CO GLOBAL FIRE EQUIPMENT INC GREENSLADES TOWING GROEBNER &ASSOCIATES INC HAMMER MEDICAL SUPPLY HAWKEYE TRUCK EQUIPMENT HELVY PROMOTIONS HEWLETT-PACKARD COMPANY HY-VEE FOOD &DRUG CENTER IA-AWWA INDUSTRIAL SALES COMPANY INFRASOURCE UNDERGROUND CONST. INTERNATIONAL CODE COUNCIL INTERSTATE ALL BATTERY CENTER INTERSTATE BATTERY SYSTEM INTOXIMETERS INC IOWA ASSOCIATION OF MUNICIPALITIES IOWA MUNICIPAL FINANCE IOWA ONE CALL IOWA SIGNAL &ELECTRIC CO J &M DISPLAYS INC J &M LOCK &KEY SERVICE JERICO SERVICES INC 724.90 195.00 833.71 51.34 95.39 14.16 1,454.23 14.75 207.00 30.00 12.60 139.84 611.77 608.00 1,104.80 195.00 37.90 114,161.38 2,800.00 23,858.00 991.86 32.00 42.00 11.41 554.78 138.80 1,000.00 138.00 8.25 182.00 191.00 130.00 1,626.00 635.88 750.00 134.73 60.00 873.02 29,095.57 50.00 224.58 816.00 264.00 2,720.32 35.00 155.30 300.00 9,500.00 246.00 1,056.00 1 1 l 3 JON CROSS JONI KROIS KAY PARK-REC CORP. KINKO'S INC KOCH BROTHERS LAW ENFORCEMENT SYSTEMS LAWSON PRODUCTS INC LOGAN CONTRACTORS SUPPLY MANATTS MARTIN MARIETTA AGGREGATE MAS MODERN MARKETING MATT PARROTT &SONS CO MENARDS MIAKANG MICHELLE GRAHAM MID AMERICAN ENERGY MID IOWA SALES COMPANY MID STATES FORD INC MIDLAND COMPUTER INC MIDWEST AUTOMATIC FIRE MIDWEST ENVIRONMENTAL SRV MIDWEST RADAR &EQUIPMENT MUNICIPAL SUPPLY NATIONAL WATERWORKS INC NEWMAN TRAFFIC SIGNS NOGG CHEMICAL &PAPER OFFICE DEPOT OSE OFFICE FURNITURE PITNEY BOWES PLUMB SUPPLY COMPANY PRESS CITIZEN SHOPPER PUBLIC FINANCIAL MANAGEMENT PUCKETT TOOLS &FASTENERS QUALITY ENGRAVED SIGNS QUALITY FORD OF WDM QWEST ROBERTS COMPANY INC SELECT OFFICE SYSTEMS SIMPLEX GRINNELL LP SOUTH FORK HOMEOWNERS ASSOCIATION SPRING VALLEY RADIO CORP. STANDARD BEARINGS STEVE KOETHE TERRY PICKETT TOYNE INC TRILIX MARKETING GROUP TRIPLETT OFFICE ESSENTIAL UNITED STATES CELLULAR VEENSTRA &KIMM INC WEBSTER ELECTRIC 121.50 75.00 7,764.00 30.00 425.79 96.00 81.84 349.70 443.75 476.08 299.06 439.73 1,459.05 25.00 75.00 7,928.54 77.50 1,243.95 311.65 143.00 598.00 405.00 7,364.65 387.58 266.72 797.53 2,090.87 2,704.33 396.00 73.07 411.60 12,668.01 137.40 36.60 465.00 391.84 53.00 1,185.00 265.50 4,000.00 87.40 121.23 921.00 4,425.00 48.04 3,954.17 36.96 58.03 910.20 164.00 4 WENDLING QUARRIES,INC. TOTALS 2,448.00 $291,184.55 (7)Mayor's Report:During the previous two weeks,the Mayor attended the ground breaking for the Ernst Family Funeral Home;attended a meeting hosted by the Waukee area Chamber of Commerce.Will meeting with the City of Clive to discuss current boundaries with the respect to the boundaries of Waukee and will meet with the Waukee area Chamber of Commerce later this week. (8)Staff Reports:reports were given by Mark Arentsen,Jody Gunderson,Linda Burkhart,John Gibson,Chad Weaver,Paul Huscher (9)Discussion:III Recognition of Severe Weather Awareness Week;discussion introduced by Council member Jeff Mertz Council member Mertz led the discussion concerning the various promotional activities occurring this week to focus awareness on severe weather and how to respond to it.Council members Don Bailey and Nick Gruber discussed changes and improvements to our warning system and our severe weather management that have OCCUlTedduring the last eight to ten years and locations of warning sirens for the future. (10)Resolution:TIns item removed from the agenda prior to the meeting. (11)Resolution:This item removed from the agenda prior to the meeting. (12)Resolution:TIns item removed from the agenda prior to the meeting. (13)Resolution:Approving City Staffproceed with preliminary steps to complete public improvements to Warrior Lane from Laurel to Windfield Pkwy ill accordance with the provisions of Chapter 384 of the Code of Iowa Nick Gruber moved to approve the resolution.Jeff Mertz second.Brief Discussion.Roll call:Ayes:Gmber,Mertz, Stanton.Nays:Bailey.Absent:Peard.Motion carried 3 -I -1. (14)Resolntion:Approving the free disposal of one kind of appliance during the City Wide Clean-up May 14,2005;and approving afee of$35.00 per appliance of the same kind when disposing of more than one appliance of the same kind at anyone residence Don Bailey,Jr.moved to approve the resolution.Darlene Stanton second.Council member Don Bailey,liaison to the Utility Committee,stated this item had been presented to the Utilities Committee at the last meeting.The members had approved it and recommended it be sent to the Council.Roll call:Ayes:Bailey,Stanton.Mertz,Gruber. Nays:None.Absent:Peard.Motion carried 4 -0-1. (15)Resolution:Approving City response to Joe Copeland letter dated 03-02-05 with respect to the City's option currently ill place to purchase agricultural land for a 200 acre recreation complex for the City of Waukee Darlene Stanton moved to approve this resolution.Jeff Meltz second.Council member Bailey requested a change in the resolution so that it reflected a positive response to Mr.Copeland's letter as opposed to a response declining Mr.Copeland's request.Mr.Bailey also requested the letter be postponed to the April 4,2005 meeting.The Council did not follow through with the request to postpone the resolution to April 41h meeting.Council member Stanton thought that all council members had agreed to automatically relinquish the balance of the contract,ifthe airport should go in at that location.She wanted to add that sentence to the letter.Council member Gruber disagreed with Council member Stanton and thought that we had agreed to wait until the airport site was determined.Council member Meltz ] ) 5 stated we did not know where the airport was to be built or if we were even going to get a Dallas County Airport.He suggested we needed to keep the purchase ofthe agricultural land intact until we knew,Mayor Oberman suggested that if the airport went there,the City would not be building a park.The Mayor also stated that the City cannot commit at this time because we still do not know where the airport is to be located.Mr.Joe Copeland,3408 Ute Ave.,representing the Copeland family,distributed a packet of material to the Council and addressed the Council.Mr.Copeland indicated that his family negotiated with the City thinking the land was being purchased for a park. However,Mr.Copeland feels that the City has done nothing towards planning for a park on his family's land and everything towards promoting an airport for the land.It is the Copeland Family's request that the City withdraw from the 'options to buy contract'until the city is ready to go forward with a parle.Mr.Copeland presented to each Council member a packet of material which showed:(1)the City's option to purchase land for a recreational area to be known as the "Copeland Sports and Recreation Complex, Resolution 02-192,Approving Option to Purchase Land;Acquisition of Land for Recreational Purposes,and a copy of the minutes for that resolution;(2)Resolution 04- later numbered 04-175,Approving Receipt of the West Metro Aviation Master Plan, Recommendation ofthe Oversight Committee and Designation of Dallas County as the Sponsoring Agency,two airport land use drawings,a land use drawing for Site 'B'taken from the Airport Site Selection Study,a letter from the U.S.Department of Transportation to Senator Charles Grassley,a portion of the Chamber of Commerce map in the "2005 Waukee Map and Information Guide"showing the Site 'B'as being one of five sites and (3)two lab reports from the Minnesota Valley Testing Laboratories,Inc.to record contaminates,if any,and the amount per contaminant and the amount of fecal coliform from the lagoon sludge spread on the 40 acres the City has purchased from the Copelands.These items were discussed by Mr.Copeland.The first set of documents was submitted to support the City's purchase of the Copeland property as park land.The second set was submitted to show the City's support of the proposed West Regional Metro Airport,The third or last set was taken to show the contamination of the land by the City's spreading oflagoon sludge upon the land.Mr.John Gibson,Director of Public Works indicated that EPA required careful monitoring of all such sludge spread on agricultural land.The results show that the deposits are all within the normal range. Following Mr.Copeland's remarks,Council member Gruber indicated he wanted both the park and the airport and wasn't willing to make a decision until everyone knows where the airport is to be built.Council member Stanton and Mayor Oberman both supported relinquishing the 'options to buy contract,'if the optional property becomes the airport site.Mayor Oberman indicated the City needed to know for sure where the airport was to be located.Mayor Oberman read the contents of the letter from Mr. Arentsen as part of the record.The body of the letter is as follows: This letter is in response to your letter of March 2.The City is not interested in renegotiating the option currently in place for the 200 acre recreation complex property,The City realizes that this location is one of the proposed sites for the airport.However,since there has been no definitive determination as to where the airport will be located,it is not in the City's interest to terminate the option contract at this time.If the optioned property becomes the selected site for the airport,the City will 6 revisit the option issue.The City still intends to establish a recreation complex as described in the current option agreement. Council member Bailey inquired of Mark 1.Arentsen as to whether he had had any conversation with the Llewellyn family concerning trading (city-owned)land for land currently owned by the Lewellyn's.Mr.Arentsen stated that he had not talked with the Lewellyn family and,if it had been discussed in a meeting at City Hall,it had not been mentioned by him.Mr.Copeland challenged Mark on this topic and asked of him:"You never had a conversation with me,Mark?Stating that?"Mr.Arentsen replied that he had said there was other land that could be attained;"but,to say it is this piece here or that piece there,whose ever.I don't recall specifically mentioning anybody's holdings." Council member Bailey requested again a different resolution in a positive mode to approve receipt of Mr.Copeland's letter.City Attomey Huscher indicated that the resolution was written in a positive manner approving the sending of Mark Arentsen's letter in response to Mr.Copeland's letter.Mr.Copeland indicated that his letter was to nullify the remaining options and to facilitate the buy back of the initial forty acres.Mr. Copeland also wanted to say that when his family entered into the negotiations and entered into this contract they weren't looking to take advantage of anyone and were not looking to be taken advantage of.The family was told that the land they had for sale would be a 200 acre park.Mr.Copeland stated that the driving force behind the sale was that the family knew it could be an airport and were assured by Mr.Arentsen that if the county wanted an airport they could take it somewhere else.There were discussions with this Council that the County could not condenm the property when owned by the City. Mr.Copeland indicated he has since found out that wasn't necessarily true,Mr. Copeland continued by indicating that in a 05-06-02 Closed Meeting,the City Council and the Copeland family knew that the 200 acres being considered by the City was being looked at as a potential airport site and the family gave reasonable terms to the City to help promote the city and sell the land for park land as opposed to an airport site. Council member Mertz suggested that it was time to move forward until such time as the City and the Copeland's know if an airport is being built in the County and where.After further discussion,Darlene Stanton moved to approve the resolution as amended,which was changing "declines the offer or request of the Copeland Family to re-negotiate the Option to Purchase 200 acres of agricultural land for a recreation complex at this time"to "accepts the response letter written by Mark Arentsen dated March 29,2005."Jeff Mertz amended his second.After further discussion,Attorney Huscher suggested that if the Council wanted to approve the letter that the Council simplify the motion and move that the Council directs the administrator to send the letter as written.Most ofthe Council agreed and Darlene Stanton withdrew her amended motion.Jeff Meltz withdrew his amended second.Jeff Mertz moved to send the Mark Arentsen letter as written.Darlene Stanton second.Roll call:Ayes:Mertz,Stanton,Gruber.Nays:Bailey.Absent:Peard. Motion carried 3 -1 -1.Council member Bailey moved to approve acceptance of the Copeland request to void the contract.The motion died for want of a second. (16)Public Hearing:On an ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning Grant Park from A-I (Agricultural District)to R-2 (One and Two Family Residential District);and amend the Official Zoning Map to show re-zoning Mayor Oberman opened the public hearing.City Administrator/Clerk Mark Arentsen stated that we had not received any ) 1 I 7 written comments prior to the public hearing.No one present wished to address the council on this item.Mayor Oberman closed the public hearing. (17)Ordinance:On an ordinance to amend Chapter 301,Waukee Municipal Code, Zoning Ordinance of the City of Waukee,Iowa,by re-zoning Grant Park from A-I (Agricultural District)to R-2 (One and Two Family Residential District);and amend the Official Zoning Map to show re-zoning (intro and first reading)Jeff Mertz introduced the ordinance.Don Bailey,Jr.moved to have the first reading in title only. Nick Gruber second.Council member Mertz recalled previous conversations concerning re-zoning ordinances where 4 out of 5 Council members had requested more drawings, more information prior to approving zoning requests.Mr.Mertz was not one of the four requesting additional information;but he is concerned that each re-zoning is different in terms of the amount and the type of supporting documentation.Council member Bailey concurs with Mr.Mertz.Both think the process of re-zoning should be a little more standardized.Further discussion continued to attempt to summarize what would be included.Mayor Oberman recommended the discussion be scheduled at a future workshop.Roll call:Ayes:Bailey,Gruber,Mertz,Stanton.Nays:None.Absent:Peard. Motion carried 4 -0 -1.Mark J.Arentsen read the ordinance in title only. (18)Ordinance:To amend 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 §301.19(A)(2)and §301.19(A)(4)(second reading)Jeff Mertz moved to have the second reading in title only.Nick Gruber second.Roll call:Ayes:Mertz,Gruber,Bailey, Stanton.Nays:None.Absent:Peard.Motion carried 4 -0 -1.Mark J.Arentsen read the ordinance in title only. (19)Ordinance:To amend Section 301.31,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,Schedule of Fees,by deleting from the line commencing with the words,"Construction Inspection,"the words,"$SO.OO/hour,and inserting in lieu thereof the words,"$60.00/hour,so that the hourly rate for construction inspection is $60.00 per hour.(second reading)Nick Gruber moved to waive the second reading,have the third reading in title only and place this ordinance on its final passage.Darlene Stanton second.Roll call:Ayes:Gruber,Stanton,Bailey, Mertz.Motion carried 4 -0 -I.Mark J.Arentsen read the ordinance in title only. Mayor Oberman declared the ordinance passed and duly adopted. (20)Resolution:Approving and encouraging communication.and follow-through in our daily activities Don Bailey,Jr.moved to approve this resolution.Jeff Mertz second. Council member Bailey requested that a procedure be drawn up for the Council to approve as to how we should get these changes made and who we should contact.In addition,Mr.Bailey would like to know the amount of time needed for changes to be completed.Mr.Bailey withdrew his motion and requested the procedure come back at the next council meeting.Council member Stanton indicated that all links should be check as well.C0U11cilmember Bailey also indicated the calendar doesn't appear to have the meetings listed on it.Mr.Bailey asked to have the contact person ofTrilix,Inc. contact him.Sara Mullen is a contact person for the City Council for questions,concerns or corrections.Jeff Mertz withdrew his second. 8 REPORTS Council member reports were given by Council members Stanton,Mertz, Bailey and Gruber. At this time Mayor Oberman asked for a motion to adjourn.Don Bailey moved.Jeff Mertz second.Ayes:All.Nays:None.Motion carried 4-0. Meeting Adjourned at 8:30PM. C.Paardekooper,Deputy Clerk ) Attest: ) I 9