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
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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
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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
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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
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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
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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
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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
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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.
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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
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Attest:
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