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HomeMy WebLinkAbout2005-12-19-Regular MinutesCITY OF .f) Jl~~~!L!:'V WAUKEE CITY COUNCIL MINUTES December 19,2005 (A)Call to Order -The regular meeting of the Waukee City Council was called to order by Mayor Oberman at 7:02 p.m. (B)Pledge of Allegiance (C)Roll Call-The following members were present:Mayor Tony Oberman and Council Members Nicholas Gruber,Donald Bailey,Jr.,JeffV.Mertz,Bill Peard,and Darlene Stanton. (D)Open Forum -Max Oberman,son of Mayor Oberman,addressed the audience to state how glad he was that his father was mayor and that his father has tried to change City laws for the better. (E)Agenda Approval-Motion by Council Member Mertz,seconded by Council Member Gruber,to approve the agenda as written.Roll call:Ayes:Mertz,Gruber, Peard,Stanton,Bailey.Nays:None.Motion carried 5 -O. (F)Mayor's Report -Mayor Oberman stated that he had recently attended a meeting of the Dallas County Mayors'Association,at which he introduced Bill Peard as Waukee's mayor elect.Mayor Oberman also attended meetings of the Developer's Roundtable,Mid-Iowa Association of Local Governments,and the Freight Roundtable.He had also spoken at Prairieview Middle School as part of the "Character Counts"pro gram.Mayor Oberman also praised a recent article about Waulcee that had appeared in the Des Moines Business Record, and stated that he was working with Council Member Peard to ensure a smooth mayoral transition.Mayor Oberman then offered his thanks to City Council,staff and residents for their support during his term as mayor;specifically thanking City Administrator Mark Arentsen,Council Member Nick Gruber,Director of Public Works John Gibson,and Police Chief Larry Phillips.He then wished everyone happy holidays and a happy new year. (G)Presentations: (I)Resolution:Recognizing the service of out-going mayor Tony Oberman to the City of Waukee Motion by Council Member Bailey,seconded by Council Member Peard,to approve the resolution.Mayor Pro Tern Mertz spoke briefly in recognition of Mayor Oberman's service,then read the resolution aloud.Mayor Oberman was presented with a framed copy ofthe resolution and a plaque.Council Member Peard then presented Mayor Oberman with an engraved gavel and strike plate,expressing his appreciation of Mayor Oberman's work for the City.Roll Call:Ayes:Bailey,Peard, Stanton,Gruber,Mertz.Nays:None.Motion carried 5 -O. (2)Resolution:Recognizing the service of out-going council member Nicholas Gruber to the City of Waukee Motion by Council Member Bailey,seconded by Council Member Stanton,to approve the resolution.Mayor Oberman read the resolution aloud,then presented Council Member Gruber with a framed copy of the resolution and a plaque. Council Member Gruber expressed his thanks,specifically to his wife Sue for her support and understanding during his 16 years on the council.Council Members Peard and Mertz then praised Council Member Gruber for his service to the community.Roll Call:Ayes:Bailey,Stanton,Peard,Mertz.Nays:None.Abstain: Gruber.Motion carried 4 -0 -1. (3)Resolution:Recognizing the service of out-going city administrator Mark J.Arentsen Motion by Council Member Mertz,seconded by Council Member Stanton,to approve the resolution.Mayor Oberman read the resolution aloud,then presented Mr. Arentsen with a framed copy of the resolution and a plaque.Mr.Arentsen stated that he had never enjoyed ajob more than his job with the City of Waukee,and that he appreciated the hard work of City Council and staff.Council Members Mertz,Peard, Stanton,Gruber and Bailey all wished Mr.Arentsen the best for the future.Roll Call: Ayes:Mertz,Stanton,Bailey,Gruber,Peard.Nays:None.Motion carried 5 -O. (4)Presentation by ETC Institute to report the results of the Citizen Satisfaction Survey Chris Tatham,vice president of ETC Institute,addressed the Council with a PowerPoint presentation sunnnarizing the results of the survey.He also spoke briefly on the methodology used to obtain the results.The report reflected very positively on all aspects ofWauleee city services,with the exception of city swimming pools. Mayor Oberman and Council Members Peard and Stanton all stated their pleasure with the results of the survey.Motion by Council Member Mertz,seconded by Council Member Gruber,to receive and file the report.Roll Call:Ayes:Mertz, Gruber,Stanton,Peard,Bailey.Nays:None.Motion carried 5 -O. (II)Public Hearings: (1)On an ordinance to amend Chapter 304,Site Plan Ordinance for the City of Waukee, Iowa,Section 304.5 (M)(3),Non-Residential Uses in R Districts,by amending said section so that it reads:"Any building used for a permitted non-residential use in an R district shall be designed and constructed with architecture compatible with the residential uses within the neighborhood.Use of materials shall follow the guideline set forth for commercial buildings in item 4 below."Mayor Oberman opened the public hearing and asked if any written correspondence regarding the ordinance had been received;Marle Arentsen replied in the negative.No one addressed the Council regarding the proposed ordinance.Mayor Oberman declared the public healing closed. (2)On an ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by rezoning and changing certain property therein from A-I [Agricultural District]to R-l [Single Family Residential District];and amend the Official Zoning Map to show rezoning (a parcel to be known as Lyon Acres)Mayor Oberman opened the public hearing and asked if any written correspondence regarding the rezoning had been received;Mark Arentsen replied in the negative.No one addressed the Council regarding the proposed rezoning.Mayor Oberman declared the public hearing closed. (I)Public Hearings Action Items: (1)Consideration of an ordinance to amend Chapter 304,Site Plan Ordinance for the City of Waukee,Iowa,Section 304.5(M)(3),Non-Residential Uses in R Districts,by amending said section so that it reads:"Any building used for a permitted non- residential use in an R district shall be designed and constructed with architecture compatible with the residential uses within the neighborhood.Use of materials shall follow the guideline set forth for commercial buildings in item 4 below."[intra and first reading]Council Member Gruber introduced the ordinance;motion by Council Member Stanton,seconded by Council Member Mertz,to approve the first reading of I 2 the ordinance in title only.Roll Call:Ayes:Stanton,Mertz,Peard,Bailey,Gruber, Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (2)Consideration of an ordinance to amend Chapter 301,Waukee Municipal Code, Zoning Ordinance of the City of Waukee,Iowa,by rezoning and changing certain property therein from A -1 [Agricultural District]to R -1 [Single Family Residential District];and amend the Official Zoning Map to show rezoning (a parcel to be known as Lyon Acres)Council Member Stanton introduced the ordinance;motion by Council Member Gruber,seconded by Council Member Mertz,to approve the first reading in title only,waive the second and third readings,and place the ordinance on final passage.Roll Call:Ayes:Gruber,Mertz,Peard,Bailey,Stanton.Nays:None. Motion carried 5 -O.Mark Arentsen read the oridinace in title only.Mayor Oberman declared the ordinance passed and duly adopted. (J)Action Items: (1)Consent Agenda- A.Consideration of 12/19/05 Bill List B.Consideration of 12/05/05 City Council Minutes,12/12/05 City Council Workshop Meeting Minutes,12/14/05 Special City Council Minutes C.Consideration of Off-Premise Liquor License Renewal with Carryout Wine and Sunday Sales Privilege for Kum &Go,L.C.d/b/a Kum &Go #75 D.Consideration of a resolution providing for the temporary appointment of a Deputy City Clerk E.Consideration of January 9,2006 as the date of public hearing for a resolution on loan agreements F.Consideration of January 9,2006 as the date of public hearing for a resolution on loan agreements G.Consideration of the Skid Loader bid from Capitol City Equipment for a Bobcat S-250 in the amount of$10,793.00 H.Consideration of the Rubber Track Loader from Capitol City Equipment for a Bobcat T-300 in the amount of $40,457.00 I.Consideration of the Addendum to the Telecommunications Lease Space agreement between the City of Waukee and the Waukee Community School District Motion by Council Member Gruber,seconded by Council Member Mertz,to approve the consent agenda.Roll Call:Ayes:Gruber,Mertz,Bailey,Stanton,Peard.Nays:None. Motion carried 5 -O. Bill List (12/19/05) CHECK ISSUED PRIOR TO COUNCIL APPROVAL: ALAN REED $200.00 AMAZON CREDIT PLAN 34.68 CATHY MAYER 131.70 CATHY PAARDEKOOPER 364.56 DALLAS COUNTY CLERK OF COURT 58.00 DALLAS COUNTY NEWS- SUBSCRIPT DALLAS COUNTY TREASURER 29.95 10.00 3 FAREWAY STORES GREGORY BREUER IOWA DEPT OF NATURAL RESOURCES JEFF SPENCER JOHN WENCK JOHNSON,BRYAN KLINE,LYLE KROHN,BRIAN/MIRRANDA LARRY SMIDT MARGGIE WEIR MARK ARENTSEN PAPIAN,JUSTIN M PILIPOVIC,HUSEIN NICO POLK COUNTY EXTENSION RAY,SOFIA ROD SCHETTLER SEVERS,WYNN A SWAIM,JILL M TONY HANSON US ENERGY SERVICES INC US POSTAL SERVICE **TOTALS ** 2,500.00 50.00 I25.00 1,484.58 600.00 348.00 1.67 100.00 100.00 45.00 53.95 100.00 2.00 30.00 50.00 30.00 100.00 100.00 10.35 414,571.65 561.66 $421,692.75 UNPAID BILLS PRESENTED FOR APPROVAL: ARAMARK APPAREL &UNIFORM BAKER &TAYLOR BOOKS BAKER COMMUNICATIONS BAKER ELECTRIC INC BARNES DISTRIBUTION BORDERS BOOK SHOP BRICK GENTRY BOWERS SWART BRODART COMPANY BUSINESS COMMUNICATIONS C J COOPER &ASSOCIATES I CAPITAL CITY EQUIPMENT CO CARGILL INC-SALT DIVISION CARPENTER UNIFORM CO CARRIER-OEHLER COMPANY CATHYPAARDEKOOPER CFI TIRE SERVICE CHILD'S WORLD CITY OF CLIVE CITY OF DES MOINES CITY OF WAUKEE CITY OF WEST DES MOINES CLASSIC FLORAL &GIFTS CONSOLIDATED ELECTRICAL CORELL CONTRACTOR INC $268.16 68.38 421.06 237.04 408.90 11.99 19,382.46 44.82 2,332.90 150.00 384.17 3,961.48 143.30 837.42 286.22 75.00 275.30 1,190.00 250.00 706.99 10,300.00 33.50 313.69 3,987.50 4 CRYSTAL CLEAR BOTTLED WAT DALLAS COUNTY NEWS DALLAS COUNTY RECORDER DAN RAITT INC DAVIS SUN TURF DEMCO DES MOINES REGISTER DES MOINES WATER WORKS D-N-P GARAGE DOORS DOWNING DEVELOPMENT LTO EAST PARK DEVELOPMENT ELECTRIC PUMP &TOOL ETC INSTITUTE FAREWAY STORES FASTENAL COMPANY FIRE SERVICE TRAINING BUR FISHER CONTROLS INTL INC FSH COMMUNICATIONS G &K SERVICES G &L CLOTHING GRACE WOODS DEVELOPMENT HALLETT MATERIALS HAWKEYE TRUCK EQUIPMENT HEARTLAND CO-OP HICKORY TECH HY-VEE FOOD &DRUG CENTER IMAGING TECHNOLOGIES INDUSTRIAL SALES COMPANY INFRASOURCE UNDERGROUND CONSTRUCTION INGRAM LIBRARY SERVICES INTERSTATE ALL BATTERY CE IOWA SIGNAL &ELECTRIC CO IOWA TRANSIT JERICO SERVICES INC LASER CAR WASH LAWSON PRODUCTS INC LESCO CREDIT SERVICES LOGAN CONTRACTORS SUPPLY MATT PARROTT &SONS CO MCGRAW-HILL COMPANIES MEDIACOM MENARDS MID AMERICAN ENERGY MID STATES FORD INC MSA PROFESSIONAL SERVICES INC MULCH MART MUNICIPAL SUPPLY NAPA AUTO PARTS STORE NATIONAL WATERWORKS INC NOGG CHEMICAL &PAPER 12.60 769.59 322.00 609.55 362.03 65.14 173.55 27,158.33 176.50 1,750.00 9,292.39 3,548.68 3,000.00 49.17 56.96 100.00 3,056.17 51.50 226.33 238.40 64,000.00 691.27 1,390.00 9,518.27 1,966.24 716.64 10,502.00 1,480.76 4,221.44 1,399.88 232.89 150.00 862.95 2,211.30 106.00 1,232.32 454.76 80.38 177.24 175.00 184.90 748.64 1,878.67 1,964.47 750.00 672.00 2,738.00 1,337.81 362.79 402.86 5 NORTHERN MUNICIPAL DISTRI NORTHERN TOOL &EQUIPMENT OFFICE DEPOT O'HALLORAN INTERNATIONAL OLSON BROTHERS PLUMB SUPPLY COMPANY POLK COUNTY HEATING &COO PRAXAIR DISTRIBUTION #440 PROFESSIONAL DEVELOPERS PURCHASE POWER RAPID FORMS RECORDED BOOKS LLC ROBERTS COMPANY INC SAGEBRUSH TECHNOLOGIES SELECT OFFICE SYSTEMS SIMPLEX GRINNELL LP SPRAYER SPECIALTIES INC SURV-KAP TEAM TWO INC THE GALE GROUP THOMSON HEAL THCARE OMS THOSE INK GUYS TOYNE INC TPALTD TRIPLETT OFFICE ESSENTIAL TRUCK EQUIPMENT INC UNIVERSAL PRINTING SRV US POSTAL SERVICE VERMEER SALES &SERVICES VISA WASTE MANAGEMENT OF IOWA WASTEWATER RECLAMATION AUTHORITY WAUKEE STATE-L1BR CASH WEST DES MOINES WATER WRK WESTSIDE PARTS &SERVICE YELLOW PAGE CO. 138.00 379.96 578.84 93.65 556.98 25.17 830.00 49.79 250.00 1,016.99 426.98 119.80 385.30 495.00 712.50 296.00 5.76 249.82 1,656.76 31.59 59.95 117.65 344.00 400.00 16.00 338.58 1,847.80 337.00 3,000.00 1,830.26 35,311.98 I 530,072.94 197.24 10,014.90 57.70 162.00 **TOTALS **$802,105.54 2)RESOLUTION:Consideration of Final Plat for Legacy Pointe Plat 4 Motion by Council Member Mertz,seconded by Council Member Stanton,to approve the resolution. John Gibson stated that all documentation had been reviewed and approved,and there were no outstanding issues.Roll Call:Ayes:Mertz,Stanton,Gruber,Peard,Bailey.Nays:None. Motion carried 5 -O. 3)RESOLUTION:Consideration of Preliminary Plat for Lyon Acres Motion by Council Member Gruber,seconded by Council Member Peard,to approve the resolution.Larry Lyon, 606 Boone Drive and owner of the property in question,addressed the Council.He stated that,upon review of certain documentation,it was discovered that Boone Drive had never been conveyed to the City.Mr.Lyon asked that the minutes show that he would provide the I 6 City with a quick claim deed for his portion of Boone Drive,shown as Lot A on the plat, provided the City allow for ingress/egress from Boone Drive along the northern border of the plat until such time as Boone Drive is widened.Council Member Gruber amended his motion to approve the resolution,with Lot A dedicated to the City and ingress/egress from Lot A allowed until the time at which Boone Drive is widened;Council Member Peard amended his second.Roll Call on amended motion:Ayes:Gruber,Peard,Stanton,Bailey,Mertz.Nays: None.Motion carried 5 -O.Roll Call on original motion:Ayes:Gruber,Peard,Bailey, Mertz,Stanton.Nays:None.Motion carried 5 -O. 4)RESOLUTION:Consideration of Final Plat for Lyon Acres Motion by Council Member Gruber,seconded by Council Member Peard,to approve the resolution,with Lot A dedicated to the City and ingress/egress from Lot A allowed until the time at which Boone Drive is widened.John Gibson stated that all issues were resolved.Roll Call:Ayes:Gruber, Peard,Mertz,Bailey,Stanton.Nays:None.Motion carried 5 -O. 5)RESOLUTION:Consideration of approving the request of Hubbell Realty Company to have the dedicated parkland and conservation green space excluded from the calculations of the University Avenue Connection Fee District Motion by Council Member Gruber,seconded by Council Member Mertz,to approve the resolution.Dan Dutcher of Hubbell Realty addressed the Council,stating that his company had not been aware until recently that the parkland area of Glynn Village would be assessed the connection fee.Hubbell Realty agrees to pay the connection fee for the open space portion of the plat,but asks the City to waive the fee for the parkland portion.Joe Pietruszynski of Hubbell Realty next addressed the Council, comparing the Glynn Village conservation development concept with some of Hubbell's other more typical metro area developments.He stated that the connection fee for the parkland portion of Glynn Village would equal $35,000,and that Hubbell should not be penalized for implementing a conservation development.John Gibson explained that the connection fee district was established in 1999,prior to the concept of conservation developments.He also stated that the City should be consistent in its enforcement of connection fees,which are based on gross acreage,not the type of development;as such,City staff believes that the fees should not be waived for the parkland area of Glynn Village.Council Member Stanton said she believed the fee was appropriate for this development at this time,but that perhaps in the future the City could revisit its connection fee district policy to take conservation developments into consideration.Council Member Bailey stated that the PD for Glynn Village had allowed for greater density of housing,and asked Mr.Pietruszynski if he thought it fair to pass the cost of the connection fees to residents instead of having Hubbell pay the cost.Mr.Pietruszynski answered that he did think it was fair for residents to pay,as the parkland was a public amenity for the community,not just those residing in Glynn Village. He also argued that the development did not have greater density of housing.There was some discussion as to a possible revision of the connection fee district policies;Mik Briedis replied that the City could potentially develop a formula that would approximate 95%developed area and 5%parkland,He stated that ultimately the City should try to recoup infrastructure costs from the developer,not the resident.Mr.Dutcher asked the Council to reconsider the ordinance,as it should be based on usage,not merely acreage.Roll Call:Ayes:None.Nays: Gruber,Mertz,Bailey,Stanton,Peard.Motion defeated 0 -5. 6)RESOLUTION:Consideration of Final Plat for Glynn Village Plat 1 (Revised)John Gibson asked that consideration of the resolution be postponed until certain outstanding issues could be resolved between the City and Hubbell Realty.No action taken on this item. 7 7)RESOLUTION:Consideration of approving the search for a consultant to assist the City in hiring a new city administrator Motion by Council Member Mertz,seconded by Council Member Stanton,to approve the resolution.Mayor Oberman argued that the timeline to choose the consultant should be shortened.John Gibson explained that,as directed by the City Council that the deadline for submittals was to be January 27,2006,the timeline allowed for interviews to take place the week of February 13,with a decision made by Council by March 3.Council Members Bailey,Peard and Stanton all stated their approval of the proposed timeline;Council Member Mertz agreed with Mayor Oberman that the process should be expedited.Roll Call:Ayes:Stanton,Peard,Bailey,Gruber.Nays:Mertz.Motion carried 4 -1. 8)RESOLUTION:Consideration of approving the policy for expenditure of funds for employee and volunteer recognition and support Motion by Council Member Mertz, seconded by Council Member Gruber,to approve the resolution.Roll Call:Ayes:Mertz, Gruber,Bailey,Peard,Stanton.Nays:None.Motion carried 5 -O. 9)RESOLUTION:Consideration of 'providing for temporary additional compensation for the Assistant Director of Public Works Motion by Council Member Stanton,seconded by Council Member Bailey,to approve the resolution.Council Member Mertz if the additional compensation would last for the duration of John Gibson's appointment as interim city administrator;Mr.Gibson suggested the compensation be effective until July 1,2006,at which time the matter could be revisited if needed.Council Member Stanton amended her motion to approve the resolution with a termination date for additional compensation of July 1,2006;Council Member Bailey amended his second.Roll Call:Ayes:Stanton,Bailey, Gruber,Mertz,Peard.Nays:None.Motion carried 5 -O. 10)RESOLUTION:Consideration of providing for temporary additional compensation for the Administrative Assistant to the Director of Public Works performing additional duties Motion by Council Member Stanton,seconded by Council Member Bailey,to approve the resolution with a termination date for additional compensation of July 1,2006.Roll Call: Ayes:Stanton,Bailey,Peard,Mertz,Gruber.Nays:None.Motion carried 5 -O. 11)ORDINANCE:Consideration of an ordinance to amend Chapter 303,Waukee Municipal Code,by repealing the existing site improvement requirements and enacting new site improvement requirements [intro and first reading}Council Member Bailey introduced the ordinance;motion by Council Member Gruber,seconded by Council Member Mertz,to approve the first reading in title only,waive the second and third readings,and place the ordinance on final passage.Chuck Thomas of the Developers Council of Greater Des Moines addressed the Council,voicing his support of the ordinance change.He also took the opportunity to acknowledge the outgoing City Council and staff members.Roll Call:Ayes: Gruber,Mertz,Bailey,Peard,Stanton.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only.Mayor Oberman declared the ordinance passed and duly adopted. 12)ORDINANCE:Consideration of an Ordinance to amend Section 303.158(4)and the table on page 8,Waukee Municipal Code,by repealing the existing rates for wastewater treatment capital fees and enacting increased fees due to WRA costs and surcharges [second reading}Motion by Council Member Peard,seconded by Council Member Bailey,to approve the second reading in title only,waive the third reading,and place the ordinance on final passage.Roll Call:Ayes:Peard,Bailey,Gruber,Stanton,Mertz.Nays:None.Motion I J I 8 carried 5 -O.Mark Arentsen read the ordinance in title only.Mayor Oberman declared the ordinance passed and duly adopted. 13)ORDINANCE:Consideration of an Ordinance to amend Chapter 204,Waukee Municipal Code,by repealing the existing rates for sewer and enacting new rates [third reading]Motion by Council Member Gruber,seconded by Council Member Mertz,to approve the third reading in title only and place the ordinance on fmal passage.Roll Call: Ayes:Gruber,Mertz,Bailey,Stanton,Peard.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only.Mayor Oberman declared the ordinance passed and duly adopted. (K)Reports -Reports were given by City Administrator Arentsen;Director of Community Development Gunderson;Director of Public Works Gibson;City Engineer Briedis;City Attorney Brick;Council Members Stanton,Peard,Mertz,Bailey and Gruber. 14,15)CLOSED SESSION:Motion by Council Member Gruber,seconded by Council Member Mertz,to close the regular session.Roll call:Ayes:Gruber,Mertz,Peard,Bailey, Stanton.Nays:None.Motion carried 5 -O. Closed Meeting:Held by Council per Sections 20.17(3)and 21.5(1)(C) Motion by Council Member Mertz,seconded by Council Member Peard,to open the regular session.Roll call:Ayes:Mertz,Peard,Stanton,Gruber.Nays:None.Absent:Bailey. Motion carried 4 -O. At this time Mayor Oberman asked for a motion to adjourn.Motion by Council Member Gruber,seconded by Council Member Peard.Ayes:All.Nays:None.Motion carried 4 -O. Meeting Adjourned at 9:38 p.m. R.Schuett,Deputy Clerk Attest: /}1G;~:-- Mark J.Arentsen/,tty Administrator/Clerk \ 9