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Home My WebLink About2005-06-06-Regular MinutesWAUKEE CITY COUNCIL MINUTES JUNE 6,2005 (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:Mayor Tony Oberman,Council members Nicholas Gruber,Donald Bailey,Jr.,JeffV.Mertz and Darlene Stanton. Council member Peard absent;but will be present in 15 to 20 minutes. (4)Open Forum -Brent Mardis,1775 Hawthome Ridge Dr.,spoke to the Council with respect to damage created to his yard about a month ago by the digging of trenches for power lines from his property line,through his yard, through the park and to the homes,which will be part of the Home Show.Due to the heavy rains shortly after the trenches were dug,the force and flow of the water created open muddy trenches.Mr.Mardis has been in contact with Public Works on several occasions and was informed the developer would take care ofthe problem.Mr.Mardis asked the Council to ensure that corrective measures would be taken this week.Public Works John Gibson was unaware ofthe problem and assured Mr.Mardis the problem would be corrected this week. (5)Agenda Approval-J eff Mertz moved;Nick Gruber second to approve the agenda as modified:Item 14 was removed from the agenda,Items 6J and 6K were removed from the consent agenda to be considered independently and individually,and Items 8,9,10 and 11 were suspended until the arrival of Council member Peard.Roll call:Ayes: Mertz,Gruber,Bailey,Stanton.Nays:None.Absent:Peard,Motion carried 4 -0 -1. (6)Consent Agenda- A.Approving 05-13-05 &05-31-05 Payroll &06-01-05 Bill List B.Approving 05-16-05,05-23-05,05-25-05,05-31-05 City Council Minutes C.Approving Iowa Retail Cigarette/Tobacco Permit for Fareway Stores Inc.d/b/a Fareway Stores,Inc.#989 D.Approving Iowa Retail Cigarette/Tobacco Permit for Casey's Marketing Co.d/b/a Casey's General Store #59 E.Approving Iowa Retail Cigarette/Tobacco Permit for Casey's Marketing Co.d/b/a Casey's General Store #2179 F.Approving Iowa Retail Cigarette/Tobacco Permit for Casey's Marketing Co.d/b/a Casey's General Store #2538 G.Approving Class B Wine Permit for Casey's Marketing Co.d/b/a Casey's General Store #2538 H.Approving Class B Wine Permit for Casey's Marketing Co.d/b/a Casey's General Store #2179 1.Approving Class C Beer Permit for Casey's Marketing Co.d/b/a Casey's General Store #59 1.Approving an Expanded Outdoor Service Area for Tuesday evenings from 06-07-05 through 09-22-05 for MIPFOUR,Inc.d/b/a Mickey's Irish Pub K.Approving the purchase of a GPS Unit from Iowa Transit for the Engineering Department in the amount of $37,475.00 1..Approving Payment Estimate No.I to Titan Utility for the R-22 Watermain Improvement project in the amount of$225,987.88 M.Approving Payment Estimate No.4 to Synergy Contracting,LLC for the Sugar Creek Pump Station and Trunk Sewer project in the amount of $112,039.52 N.Approving Payment Estimate No.8 to Cedar Valley Corporation for the University Avenue Widening project in the amount of $95,327.99 Darlene Stanton moved to approve Items A through I and L through N.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz,Gruber,Bailey.Nays:None.Absent:Peard. Motion carried 4 -0 -1. J.Approving an Expanded Outdoor Service Area for Tuesday evenings from 06-07-05 through 09-22-05 for MIPFOUR,Inc.d/b/a Mickey's Irish Pub Jeff Mertz moved to approve Item 6J,including in his motion an initial limit oBO days for the license with operation time from 6pm to 9pm for the expanded outdoor area on Tuesday everting each week.Darlene Stanton second.Mr.Steve McFadden representing MipFour,Inc.owners of the restaurant/pub,stated to the Council his organization had submitted petitions to 250 individuals in an area surrounding Warrior Plaza,east,west and south.According to the results of the circulated petitions,support for Tuesday Bike Night at Mickey'S Pub ran quite high at 97%in favor.Police Chief Larry Phillips and Patrol Sergeant Troy Mapes met with Mr.McFadden to discuss several issues including the proposed Tuesday everting Bike Night.Police Chief Phillips recommended a 30 day trial period for the expanded outdoor area.Roll call:Ayes:Mertz,Stanton,Gruber, Bailey.Nays:None.Absent:Peard.Motion carried 4 -0 -1.This item will return to the agenda,J ul y 5,2005. K.Approving the purchase of a GPS Unit from Iowa Transit for the Engineering Department in the amount of$37,475.00 Don Bailey,Jr.moved to approve the resolution.JeffV.Mertz second.John Gibson, Director of Public Works stated the GPS would be used in conjunction with the new GIS system now in place.The Engineering Division will survey different areas within the City and will know exactly where all the pipes are,the depth of the inverts,the sewers, location of the water shut-off valves.In the future,the Engineering Division will do surveying for use in design work.After further discussion,Roll call was called.Ayes: Bailey,Mertz,Stanton,Gruber.Nays:None.Absent:Peard.Motion carried 4 -0 -1. Bill List (06-01-05) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL: ALCOHOLIC BEVERAGE DIVISION $ ALLEN,CHRIS E AMAZON CREDIT PLAN ANGIE NELSON BANKERS TRUST COMPANY BOB HUFFMAN CITY OF WAUKEE CITY OF WAUKEE CITY OF WAUKEE CITY OF WAUKEE COLLECTION SERVICES CENTER COLLECTION SERVICES CENTER COMMERCIAL FEDERAL BANK COMMUNICATIONS WORKERS OF AMERICA 20.00 50.00 258.04 99.00 151,290.00 60.00 1,545.00 1,545.00 624.32 624.32 328.00 328.00 39.45 410.64 2 COMMUNICATIONS WORKERS OFAMERICA COUNTRYWOOD HOMES DALLAS COUNTY TREASURER DALUGA,MICHAEL J DICK MUNOZ DUANE STREMPKE EFTPS EFTPS FARRELL ENTERPRISES LLC FRED NESBIT DISTRIBUTING GARY RIDGWAY II HICKORY TECH IOWA ASSOCIATION BUILDING IOWA BEVERAGE SYSTEMS INC IOWA BEVERAGE SYSTEMS INC IOWA BEVERAGE SYSTEMS INC IOWA DEPT OF AGRICULTURE IOWA DEPT OF NATURAL RESOURCES IOWA LEAGUE OF CITIES JERRY DOUGHERTY LEESON,JENNIFER A LEGACY CONSTRUCTION INC LEGACY CONSTRUCTION INC LORI DAVIS MASTER CRAFTED HOMES MEDIACOM MEDIACOM MID IAAFFORDABLE HOUSING MID-IOWA AFFORDABLE HOUSING PRAIRIE I-NET PRE-PAID LEGAL SERVICES PROHASKA,CLINT I ALLISON QWEST ROD ISH,BRAD J ROTHS,IAN I LINDSEY RUEHLlNG,MATT D SAM'S CLUB SCHNEDLER,RANDY SHERI PETERS TATE,BRENT I STACIE TREASURER STATE OF IOWA TREASURER STATE OF IOWA TREASURER STATE OF IOWA TREASURER STATE OF IOWA TREASURER STATE OF IOWA UNITED WAY CENTRAL IOWA UNITED WAY CENTRAL IOWA US POSTAL SERVICE VISA WEBBER,BRIAN 410.64 41.48 5.00 100.00 60,00 120,00 22,844.04 27,610.26 226.35 552.95 120.00 424.52 330.00 85.75 91.80 365.20 15.00 276.00 170.00 60.00 10000 118.45 71.39 40.00 49.41 79.95 79.95 68.56 10.10 149.85 44.85 90.16 345.97 100.00 24.57 100,00 917,20 0.67 150,00 10,31 5,749,12 446,98 4,554,93 2,021,61 27,30 43,50 43.50 1,783.51 56.41 100.00 3 WHO-TV XENIA RURAL WATER DISTR TOTALS 1,200.00 400.00 $230,109.01 UNPAID BILLS PRESENTED FOR APPROVAL 06/06/2005: A &W ELECTRICAL CONT ACTION ELECTRICAL ADVENTURES IN ADVERTISING ALLIANCE MEDICAL AMERICAN BOTTLING COMPANY AMERITAS LIFE INSURANCE C ARAMARK UNIFORM SERVICES AT&T WIRELESS ATLANTIC BOTTLING CO BAKER COMMUNICATIONS BATES &ASSOCIATES INC BOB MYERS BOB'S MOBILE TOILET SERVI BRODERICK ANIMAL CLINIC BRYON LING BUILDING &PROPERTY MAINT CAPITAL CITY EQUIPMENT CO CAROLYN HAMMEN CHAD WALLER CHARTER PRODUCTS GOLF COMPETITIVE EDGE COMPUSA INC CONNEY SAFETY PRODUCTS CORELL CONTRACTOR INC CRYSTAL CLEAR BOTTLED WAT CUMMINS GREAT PLAINS DALLAS COUNTY NEWS DAN RAITT INC DAVID FOELL DES MOINES UNIV.CLINIC DES MOINES WATER WORKS DITCH WITCH-IOWA,INC. DORSEY &WHITNEY DOWNING DEVELOPMENT LTO DRESSER IND -DMD MOONEY EAGLE ENGRAVING EARL MAY SEED &NURSERY ED M FELD EQUIPMENT CO EDM EQUIPMENT CO ELECTRIC PUMP &TOOL ELECTRICAL ENGINEERING EQ ELECTRONIC ENGINEERING CO ELLIOTT EQUIPMENT CO EMERGENCY MEDICAL PROD FAREWAY STORES $137.04 390.23 464.19 1,113.92 221.25 3,787.12 322.28 2,009.10 258.70 835.08 1,430.12 4.80 215.00 310.00 8.00 2,135.00 252.82 11.20 6.40 41.64 56.14 435.44 288.60 96.92 70.29 574.79 552.14 294.98 8.00 2,609.00 2,306.35 3,192.00 2,903.50 104,138.22 734.25 58.41 50.00 688.00 270.08 4,505.48 124.12 122.00 285.86 105.25 42.43 I!, 4 FARNER-BOCKEN COMPANY FASTPRO INTERNATIONAL INC FLOORING GALLERY FOOT JOY FREIGHTLINER OF DM INC GOLF ASSOCIATES SCORECARD COMPANY GRAYBAR GRIMES ASPHALT &PAVING GROEBNER &ASSOCIATES INC HORNUNG'S GOLF PRODUCTS ICMA RETIREMENT TRUST 457 IGCSA INDUSTRIAL SALES COMPANY INFRASOURCE UNDERGROUND CONSTRUCTION INTERSTATE ALL BATTERY CE INTERSTATE BATTERY SYSTEM IOWA ASSOCIATION OF MUNIC IOWA DEPT OF NATURAL RESO IOWA DEPT OF TRANSPORTATI IOWA FIRE EQUIPMENT COMPA IOWA ONE CALL IOWA UTILITIES BOARD IPERS IPERS -POLICE ISU EXTENSION JAMIE LEA'S INC JAY HOFBAUER JERICO SERVICES INC JODY GUNDERSON JOHN DEERE HEALTH PLAN IN JP COOKE CO KENNY &GYL COMPANY LESCO LINDA BURKHART LISA OLSEN LOGAN CONTRACTORS SUPPLY LORI MILLER MADISON NATIONAL LIFE MANATTS MARK ARENTSEN MBNA AMERICA BUSINESS CAR MENARDS METLIFE SMALL BUSINESS CE MID AMERICAN ENERGY MID STATES FORD INC MID STATES SUPPLY COMPANY MIDLAND COMPUTER INC MIDWEST ENVIRONMENTAL SRV MIDWEST RADAR &EQUIPMENT MILLIGAN ELECTRONICS 258.14 101.75 823.57 172.62 559.19 797.98 34.51 676.20 1,307.30 231.09 2,649.19 95.00 8,434.94 27,039.65 147.66 49.95 676.20 540.00 1,149.05 14.95 424.30 466.00 12,543,00 6,394.56 40.00 94,29 3.20 2,232.00 250.00 42,783.91 81.56 100.00 1,109.82 105.39 22,00 398.14 6.40 1,035.88 857.50 250.00 1,206.75 808.71 613.51 16,268.39 14.72 797.13 620.78 1,110,00 176,90 30,00 5 MULCH MART MURPHY TRACTOR &EQUIPMEN NATIONAL WATERWORKS INC NEWMAN TRAFFIC SIGNS NOGG CHEMICAL &PAPER NORTH COUNTRY BUSINESS PRODUCTS OFFICE DEPOT OMB POLICE SUPPLY ORKIN PEST CONTROL PAUL E HUSCHER PEPSI PHILL Y'S FINEST PING PLUMB SUPPLY COMPANY POSTIVE PROMOTIONS PUCKETT TOOLS &FASTENERS QUALITY FORD OF WDM R &R PRODUCTS,INC. RHINO MATERIAL ROBERTS COMPANY INC RON STEHN RS STOVER COMPANY SCHILDBERG CONSTRUCTION SHERYL HAWKESWORTH SHOTTENKIRK CHEVROLET-PONTIAC SIMPLEX GRINNELL LP SNYDER PHOTOGRAPHY,TERRY SOUTH DALLAS COUNTY LANDF SPRAYER SPECIALTIES INC SPRING VALLEY RADIO CORP TAMMY GETTING THE OLSON GROUP INC TIMBER PINE INC TOUR EDGE GOLF MFG. TREASURER STATE OF IOWA TRILIX MARKETING GROUP TRIM DESIGN OF CENTRAL 10 TRIPLETT OFFICE ESSENTIAL TRUCK EQUIPMENT INC UNITED SEEDS,INC. UNITED STATES CELLULAR UNIVERSAL PRINTING SRV USA BLUE BOOK VAN-WALL EQUIPMENT INC VEENSTRA &KIMM INC VERIZON WIRELESS WASTE MANAGEMENT OF IOWA WEBSTER ELECTRIC WELLS FARGO BANK WEST DES MOINES WATER WRK 678.50 35.46 124.08 578.67 461.05 36.75 1,154.44 172.44 51.00 2,000.00 606.95 42.58 1,204.08 152.22 358.05 136.13 24.07 109.40 1,838.56 238.20 9.60 1,065.52 1,692.63 1.60 69.98 198.00 4,584.00 296.10 72.59 481.15 6.40 3,000.00 531.98 2,170.90 8,167.88 1,740.00 159.00 502.64 48.16 162.50 58.19 2,428.25 292.01 181.85 32,786.57 28.44 251.52 1,210.66 45.00 8,304.90 6 WILSON GOLF DIVISION WINGFOOT COMMERCIAL TIRE WINNER MATE AU REUS WITTEK ZIEGLER INC ZIMCO SUPPLY CO. ZOLL MEDICAL CORP TOTALS 1,142,63 240.50 819.54 34.04 2,671.96 491.06 370.00 $361,390.30 (7)Mayors Report:Last Saturday had the Grand Opening of the Sugar Creek Golf Course;the Waukee Delegation will participate in the Greater Des Moines Partnership trip to Washington,D.C.,the Horne Show opens this weekend showcasing 12 different homes built by 10 different builders. (12)Resolution:Approving and upholding the requirement that property owners whose names and addresses are included on the 2005 schedule are hereby directed to repair or instal!sidewalks as indicated in the mailing sent to said property owners by the City of Waukee Public Works Department Jeff Mertz moved to approve the resolution.Darlene Stanton,second.Ann Pulliam,150 Marshall Drive,stated no one had contacted her regarding the water shut off valve in the middle of a 4'by 8'cement section.Public Works Director John Gibson stated Public Works will work with Ms. Pulliam on this problem.Bob Josten,Bond and Assessment Attorney for the City, working with City staff,suggested an alternative method for ensuring the construction of new sidewalk or assisting the home owner in constructing new sidewalk.The homeowner,wanting to constmct the new sidewalk and not having the funds to do so, would voluntarily enter into an agreement with the City whereby the City would construct the sidewalk and the homeowner would agree to payments for that construction. In this method there would not be a lien placed on the property as would be the case in the assessment process.Mr.Josten would be willing to write this alternative method to be included in the current ordinance.It permits another way to pay for the newly constructed sidewalk.The homeowner who did not want to construct the new sidewalk and who did not want to voluntarily have the City put in the sidewalk and pay that installation all at once or over a period of time,would,after 120 days,be taken to court for failure to abide by the ordinance requiring installation ofthe sidewalk.This would be included in the assessment process,which if approved by Council,would immediately place a lien against the property until the assessment for the construction of the sidewalk was paid.Council member Bailey expressed concern that Bonding Attorney Bob Josten's proposed changes would take rights away from citizens that are granted under state law.Mr.Bailey pointed out that the state assessment procedures required a super majority vote of the council (4 out of 5)and if75%or more of the effected assessed property owners oppose the assessment project,then a unanimous vote of the council (5 out of 5)is required under state law.Council member Bailey stated that he would not support the assessment procedure;therefore,a 5 out of 5 vote would not occur if needed with 75%or more of the affected property owners opposing the project.Bob Josten agreed that the numbers (required council votes,super majority and unanimous)under an assessment project were correct.Mr.Bailey expressed that Mr.Josten's proposal takes rights away from the citizens and is an effort to create a procedure that only requires a simple majority vote of the council (3 out of 5).City Attorney Paul Huscher asked Mr. 7 Josten about the court costs that would be involved if a citizen did not voluntarily agree to pay for the new sidewalk construction,in particular that the court costs would cost more than the assessment procedure.Mr.Josten agreed that the court costs could be greater than the assessment procedure costs.Most Council members thought an altemative method of paying for the sidewalk would be good for the City and its residents. Council member Peard present at 7:35PM. Roll call:Ayes:JeffV.Mertz,Darlene Stanton,Nick Gruber,Bill Peard.Nays:Don Bailey,Jr.Motion carried 4 -1. (8)Resolution:Approving Brick Law Firm as City Attorney for the City of Waukee to complete the second half of calendar year 2005 Don Bailey,Jr.moved to approve the Brick/Gentry Law Finn as the City Attorneys through fiscal year 2006,July 1,2005 through June 30,2006.Brief discussion.Roll call:Ayes:Bailey,Mertz,Gruber.Nays: Stanton,Peard.Motion carried 3 -2. (9)Resolution:Approving Waukee High School Football Concession Stand Jeff Mertz moved the resolution.Nick Gruber second.Eric Rose,Director of Activities,Dave Wilkerson,Superintendent and Jerry Crow,representing Bryan Crow Construction,Inc., present to speak in favor of the B.S.Football Concession Stand as modified per City Planning &Zoning suggestions.The Council agreed the school needed to have a better and bigger concession stand with restrooms.The modifications suggested by Planning & Zoning were incorporated into the changed design of the Stadium Concession Stand as presented to Council.Mr.Arentsen indicated to the Council that they should have received a modified resolution that includes a Whereas clause instructing Planning & Zoning Commission to review at its June 14,2005 meeting,the recently constructed Baseball Concession Stand and Batting Cage,originally approved during May 2004. There are still some issues that don't comply with the approved Site Plan for the previously built building.Mr.Mertz indicated he received this resolution and to include it in his motion was his intent.Roll call:Ayes:Mertz,Gruber,Peard,Stanton.Nays: None.Absent:None.Abstain:Bailey.Motion carried 4 -0 -0 -1.Mr.Bailey abstained because he has a family member (a son)who is employed by the Waukee Community school District and is currently one of the High School Football and Baseball coaches.Not wanting to risk the appearance of favoritism or an implication of a conflict of interest because of the family employment connection to the school district,Mr.Bailey abstained from voting Oll the issue. (10)Resolution:Approving Site Plan modifications for Warrior Plaza Phase III Jeff Mertz moved to approve the resolution.Don Bailey,Jr.second.A meeting was held with P&Z at 6 o'clock prior to the Council meeting during which this item was discussed. Changes recommended by the Commission were discussed by Mike Simonson of Simonson &Associates.M:r.Simonson indicated that (1)the mansard on the front will go slightly higher,almost up to the peak and,(2)per request of Nick Gruber,the mansard on the east side ofthe building will extend all the way to the south east comer.After further discussion JeffV.Mertz moved to approve the resolution and included in his motion the following:(1)extend the mansard on the east all the way to the south;(2) increase the height of the parapet in the front ofthe building;(3)canopy the walk-way; (4)screenings are to be beige or the same color as the back of the building and will match all the way across;(5)two additional towers will be added in the front and (6)the 8 connector between the Fareway store and the Plaza will be "blended in".As another item in conjnnction with this item,Darlene Stanton suggested that the City might want to consider working through a point person at Regency;so that changes or questions brought up by either would reach the correct person.Further discussion by Council members included following phone or in-person conversations with written correspondence.A majority ofthe Council members thought a point-person or the project manager as point-person should be the one person who receives all connnunication from the City.Roll call:Ayes:Mertz,Bailey,Gruber,Peard,Stanton. Nays:None.Motion carried 5 -O. (11)Resolution:Approving Site Plan modifications for Williams Pointe Condominiums Jeff Mertz moved the resolution contingent upon:(1)keeping the Dutch dormers or clipped dormers for 16 unit and 36 unit;(2)revised chimney elevations - must go through the roof line or eaves over the chimneys -16 and 36 units;(3)revised modification to the main dormer on the 16 unit front elevation;(4)arch accents over the windows on the 16 unit;(5)arches on the end units;and (6)add the brick between the garage doors.Nick Gruber second.Mike Simonson was present to discuss drawings. Chad Weaver brought to the Council's attention that interior garage units do not and were approved to not have the brick wainscoting.If brick is to be added,it will be only in such places as previously approved.After some discussion,Mike Simonson was drafted to draw in the changes to the drawings that had been discussed while the Council proceeded to other business.Nick Gruber moved to delay the vote.Jeff Mertz second.Roll call: Ayes:Gruber,Mertz,Bailey,Stanton,Peard.Nays:None.Motion carried 5 -O. (12)Resolution:Approving and upholding the requirement that property owners whose names and addresses are included on the 2005 schedule are hereby directed to repair or install sidewalks as indicated in the mailing sent to said property owners by the City of Waukee Public Works Department This item moved ahead of 8,9,10 and 11. (13)Resolution:Ordering preparation of detailed list,specifications,notice of hearing, notice to bidders and form of contract for the Wastewater Facility Effluent Flow Monitoring Structure Nick Gruber moved to approve.Darlene Stanton second.Roll call:Ayes:Gruber,Stanton,Bailey,Mertz,Peard.Nays:None.Motion carried 5 -O. (14)Resolution:Approving golf passesfor the fill!and part time City Employees This item was removed from the agenda during agenda approved. (15)Resolution:This item removed front the agenda (16)Resolution:Approving Health Insurance Plan Nick Gruber moved to approve. Darlene Stanton second.Steve Jacobson from Employee Benefits Services and Brandon Lytton from John Deere Health were present to discuss the proposed program changes. Chris Keller,member of CWA AFL-CIO spoke in favor of waiting until the Union contract negotiations.The Union's position is that the insurance program is going from a fully funded insurance program to a partial self-funding insurance program even though the benefits may be the same.In addition the Union is concemed that when negotiating the next three year contract,the insurance plan will be self-funded even more and benefits will be reduced.Council members Gruber and Mertz spoke in favor of the change.Council member Bailey understood the Union's point and recommended locking-in the proposed change for a couple years with a health insurance extension on the contract for period of time so there is a certainty as to type of insurance and benefits 9 available.Council member Bailey's recommendation was not included in a motion. Council member Stanton indicated the insurance being proposed is a very good insurance with only the responsibility to be assumed by the employee to fax in documentation for reimbursement.Bill Daggett,V.P.for the Union,spoke to the Council with respect to the proposed insurance and requested the insurance be up for discussion,August I st during negotiations.Brad Freeman,Union member,requested the Council reconsider Mr. Bailey's recommendation and provide this insurance for the next two years as opposed to one.Cathy Paardekooper suggested that the Council should consider the request to lock- in the proposed change for two or three years as opposed to changing and possibly reducing benefits next year.Roll call:Ayes:Gruber,Stanton,Mertz.Nays:Bailey, Peard,Motion carried 3 -2. (11)Resolution:Approving Site Plan Modifications for Williams Pointe Condominiums A vote was taken on this item at this time.Roll call:Ayes:Mertz, Gruber,Bailey,Peard,Stanton.Nays:None.Motion carried 5 -O. (17)Ordinance:To amend Chapter 203,Section 203.2,Waukee Municipal Code, Water Rates,to provide that water rates for users outside the City limits shall be the same as those within the City limits of the City of Waukee,by deleting the third subparagraph thereof,and by adding to the previously fourth subparagraph of Section 203.2,the words,"Water furnished to users outside the City limits of the City of Waukee shall be furnished at the same rate that is charged for water furnished for users within the City limits of the City of Waukee."(intra and first reading)Don Bailey,Jr.introduced the ordinance.Jeff Mertz moved to have the first reading in title only.Bill Peard second.The pros and cons of equalizing water rates was discussed. Council member Gruber was in favor of maintaining a difference between the water rates of City residents and the water rates of County residents.Council member Bailey stated this proposed change had been presented to the Utilities Committee and was approved. Public Works Director Jolm Gibson discussion of the water rate change for County residents was precipitated by the buy-out of Xenia water lines by the City.Due to the purchase agreement,the City cannot charge the same as Xenia's rate.It was thought that an equalization of water rates would provide a good will gesture to the County residents. Discussion ofthis issue will continue.Roll call:Ayes:Meltz,Peard,Bailey,Stanton, Gruber.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (18)Ordinance:This item removed from the agenda. (19)Ordinance:This item removed front the agenda. (20)Ordinance:To amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by rezoning and changing certain property therein from R-3 [Rental Multi-Family Residential District]and C-1 [Community and Highway Service Commercial District]to R-4 [Row Dwelling and Townhome District];and amend the Official Zoning Map to show rezoning (a parcel to be known as The Village at Grace Wood)(third reading)Don Bailey,Jr.moved to have the third reading in title only and place this ordinance on its final passage.Bill Peard second.Roll call:Ayes: Bailey,Peard,Stanton,Mertz,Gruber.Nays:None.Motion carried 5 -O.Mark J. Arentsen read this ordinance in title only.Mayor Oberman declared the ordinance passed and duly adopted. (21)Ordinance:To amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by amending Section 301.14(C),"R-4"Row Dwelling and 10 Townhom e District,Bulk Regulations,by replacing language in subsection 2,Lot Area Per Dwelling Unit,that reads "2,500 square feet per unit"with language that reads "3,500 square feet per unit (higher density may be allowed upon review and approval by the Planning and Zoning Commission and City Council.)"(third reading)Jeff Mertz moved to have the third reading in title only and place this ordinance on its final passage.Darlene Stanton second.Roll call:Ayes:Mertz,Stanton,Gruber,Peard, Bailey.Nays:None.Motion carried 5 -O.Mark J.Arentsen read this ordinance in title only.Mayor Oberman declared the ordinance passed and duly adopted. (22)Ordinance:To amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by amending Section 301.14(C),"R-4"Row Dwelling and Townhome District,Bulk Regulations by replacing language in subsection 3,Minimum Floor Area,that reads "750 square feet per unit"with language that reads "800 square feet per un it."(third reading)Darlene Stanton moved to have the third reading in title only and to place this ordinance on its final passage.Nick Gruber second.Roll call:Ayes: Stanton,Gruber,Mertz,Peard,Bailey.Nays:None.Motion carried 5 -0 .Mark J. Arentsen read the ordinance in title only.Mayor Oberman declared the ordinance passed and duly adopted. Darlene Stanton moved to close the regular session.Jeff Mertz second.Roll call:Ayes: Stanton,Mertz,Bailey,Gruber,Peard.Nays:None.Motion carried 5 -O. (23)Closed Meeting:Held by Council per Section 21.5(1)(j) Nick Gruber moved to open the regular session.Darlene Stanton second.Roll call:Ayes: Gruber,Stanton,Bailey,Peard,Mertz.Nays:None.Motion carried 5 -O. Reports were given by Mark Arentsen,Jody Gunderson,Dennis Dowell,Linda Burkhart, John Gibson,Mik Briedis,Chad Weaver,Paul Huscher,Darlene Stanton,Bill Peard,Jeff Mertz,Don Bailey,Jr.,Nick Gruber. Mayor Oberman asked for a motion to adjourn.Darlene Stanton moved.Jeff Mertz second.Ayes:All.Nays:None.Motion carried 5-0. Meeting Adjourned at lO:07PM. C.A.Paardekooper,Deputy Clerk Attest: 7hw~kG~v~~ Mark J.Arentsen,fjy Administrator/Clerk 11