Elkhart City Council Meeting 11-16-2015 Minutes
Council Meeting was called to order at 7:00 p.m. by Mayor Snyder. Council members present: Jones,
Just, Shipley, and Smith. Absent: Rumbaugh who arrived late at 7:19pm after Bills Submitted had
been approved. Nine guests attended.
Motion by Just, 2nd by Shipley to approve the agenda as submitted. All Ayes. Motion carried. (Mc)
Mayor called for motion to begin Public Hearing on proposed Ordinance 2015-05. Motion by Just,
2nd by Shipley to open the Public Hearing on Ordinance 2015-05 amending the Zoning regulations in
the Code of Ordinances. All Ayes. Mc. Mike Kappos then explained that Planning and Zoning met
on October 8 and October 15, 2015 and recommended approval of the proposed Ordinance to be
heard November 16, 2015 in a Public Hearing. Mayor informed that notice of this public hearing was
published in the Des Moines Register on November 4, 2015 and that Ordinance 2015-05 proposes to
amend the L-1 Light Industrial Districts Chapter 165.14B. Mayor called for comments or discussion
from the public and upon hearing none called for adjournment of this public hearing. Motion by Just,
2nd by Shipley to adjourn the Public Hearing on Ordinance 2015-05. All Ayes. Mc. Mayor
explained that voting on this and all ordinances will be done later during agenda item T Ordinances
and Resolutions.
Mayor called for motion to begin Public Hearing on proposed Ordinance 2015-06. Motion by Just,
2nd by Shipley to open the Public Hearing on Ordinance 2015-06 amending the Zoning regulations in
the Code of Ordinances. All Ayes. Mc. Mike Kappos then explained that Planning and Zoning met
on October 8 and October 15, 2015 and recommended approval of the proposed Ordinance to be
heard November 16, 2015 in a Public Hearing. Mayor informed that notice of this public hearing was
published in the Des Moines Register on November 4, 2015 and that Ordinance 2015-06 proposes to
amend the C-2 General Commercial Districts Chapter 165.13B. Mayor called for comments or
discussion from the public and upon hearing none called for adjournment of this public hearing.
Motion by Just, 2nd by Smith to adjourn the Public Hearing on Ordinance 2015-06. All Ayes. Mc.
Mayor called for motion to begin Public Hearing on proposed Ordinance 2015-07. Motion by Just,
2nd by Smith to open the Public Hearing on Ordinance 2015-07 amending the Zoning regulations in
the Code of Ordinances. All Ayes. Mc. Mike Kappos then explained that Planning and Zoning met
on October 8 and October 15, 2015 and recommended approval of the proposed Ordinance to be
heard November 16, 2015 in a Public Hearing. Mayor informed that notice of this public hearing was
published in the Des Moines Register on November 4, 2015 and that Ordinance 2015-07 proposes to
amend the C-1 Core Business Districts Chapter 165.13. Mayor called for comments or discussion
from the public and upon hearing none called for adjournment of this public hearing. Motion by Just,
2nd by Smith to adjourn the Public Hearing on Ordinance 2015-07. All Ayes. Mc.
Mayor called for motion to begin Public Hearing on proposed Ordinance 2015-08. Motion by Just,
2nd by Smith to open the Public Hearing on Ordinance 2015-08 amending the Zoning regulations in
the Code of Ordinances. All Ayes. Mc. Mayor then explained that Planning and Zoning met on
October 8 and October 15, 2015 and recommended approval of the proposed Ordinance to be heard
November 16, 2015 in a Public Hearing. Mayor informed that notice of this public hearing was
published in the Des Moines Register on November 4, 2015 and that Ordinance 2015-08 proposes to
amend the Architectural Design and Treatment of Buildings in Chapter 165.23. Mayor called for
comments or discussion from the public and upon hearing none called for adjournment of this public
hearing. Motion by Just, 2nd by Jones to adjourn the Public Hearing on Ordinance 2015-08. All
Ayes. Mc.
Mayor called for motion to begin Public Hearing on proposed Ordinance 2015-09. Motion by Just,
2nd by Shipley to open the Public Hearing on Ordinance 2015-09 amending the Zoning regulations in
the Code of Ordinances. All Ayes. Mc. Mike Kappos then explained that Planning and Zoning met
on October 8 and October 15, 2015 and recommended approval of the proposed Ordinance to be
heard November 16, 2015 in a Public Hearing. Mayor informed that notice of this public hearing was
published in the Des Moines Register on November 4, 2015 and that Ordinance 2015-09 proposes to
add Section 25 to Chapter 165 to add and clarify Surfacing Requirements for all zoning districts.
Mayor called for comments or discussion from the public and upon hearing none called for
adjournment of this public hearing. Motion by Just, 2nd by Jones to adjourn the Public Hearing on
Ordinance 2015-09. All Ayes. Mc.
Mayor called for motion to begin Public Hearing on proposed Ordinance 2015-10. Motion by
Shipley, 2nd by Smith to open the Public Hearing on Ordinance 2015-10. All Ayes. Mc. Mike
Kappos then explained that Planning and Zoning met on October 8 and October 15, 2015 and
recommended approval of the proposed Ordinance to be heard November 16, 2015 in a Public
Hearing. Mayor informed that notice of this public hearing was published in the Des Moines
Register on November 4, 2015 and that Ordinance 2015-10 proposes to add Chapter 181: Sign Code
to add a sign code and clarify Signage Requirements for all zoning districts in the zoning code.
Mayor called for comments or discussion from the public and upon hearing none called for
adjournment of this public hearing. Motion by Just, 2nd by Smith to adjourn the Public Hearing on
Ordinance 2015-10. All Ayes. Mc.
Mayor called for motion to begin Public Hearing on proposed Ordinance 2015-11. Motion by Just,
2nd by Shipley to open the Public Hearing on Ordinance 2015-11. All Ayes. Mc. Mike Kappos then
explained that Planning and Zoning met on October 8 and October 15, 2015 and recommended
approval of the proposed Ordinance to be heard November 16, 2015 in a Public Hearing. Mayor
informed that notice of this public hearing was published in the Des Moines Register on November 4,
2015 and that Ordinance 2015-11 proposes to add Section 24 to Chapter 165 to add and clarify
Screening Requirements for all zoning districts in the zoning code. Mayor called for comments or
discussion from the public and upon hearing none called for adjournment of this public hearing.
Motion by Just, 2nd by Jones to adjourn the Public Hearing on Ordinance 2015-11. All Ayes. Mc.
Mayor called for motion to begin Public Hearing on proposed Ordinance 2015-12. Motion by Just,
2nd by Jones to open the Public Hearing on Ordinance 2015-12. All Ayes. Mc. Mike Kappos then
explained that Planning and Zoning met on October 8 and October 15, 2015 and recommended
approval of the proposed Ordinance to be heard November 16, 2015 in a Public Hearing. Mayor
informed that notice of this public hearing was published in the Des Moines Register on November 4,
2015 and that Ordinance 2015-12 proposes to add references in each Residential Zoning District in
Chapter 165 to other standards in the Code of Ordinances. Mayor called for comments or discussion
from the public and upon hearing none called for adjournment of this public hearing. Motion by Just,
2nd by Smith to adjourn the Public Hearing on Ordinance 2015-12. All Ayes. Mc.
Motion by Jones, 2nd by Just to approve the Minutes as prepared for the 10/19/2015 Council Meeting.
All Ayes. Motion carried. (Mc)
Bills submitted for approval 11-16-2015
Ankeny Sanitation garbage
Payroll 10/19
EFTPS Fed pryll taxes
City of Ankeny EMS 28E agreement
Dorsey & Whitney legal svcs Bonds urban renewal
Cedar Rapids Bank & Trust bond interest pmts
49.49
2766.45
929.07
1868.49
19,070.75
7088.89
Bankers Trust street GO Bond interest fees
550.00
Thorpe Water wtr swr monthly maintenance
1800.00
Thorpe Water install swr flow meter
4622.88
Freedom Lawn fall fertilizer mprk, praireprk,chall 765.40
Racom Fire 28 EDACS Access radios
658.00
Payroll 10/30
2032.84
IPERS Oct pension
762.38
EFTPS 10/30 Fed pyrll taxes
723.15
State of Iowa wh Oct
207.00
State of Iowa sales tax wh Oct
412.00
Michelle Johnson UB deposit refund
36.47
A-1 Ankeny Rental tamper for sidewalks
65.79
MWA Curb It Recycle 225 monthly fee
582.75
Marco copier contract
98.71
Arnold Motor Supply filters parts winterize
267.88
Iowa One Call Oct locates
28.00
Polk County Sheriff law enforcement Oct
861.00
Danko emergency Equipment Fire 1” hose
70.59
Huxley Communications chall fire phone internet 81.79
Jims Johns 2 portable restrooms
95.00
CTI Concrete park shop
2444.00
Keystone Labs Sept swr samples
61.10
Carus Corp Oct wtr chemicals
394.52
Menards caution tape kneepads spade screws
124.82
Veenstra & Kimm Oct engineer, bldg. permits
14187.75
Veenstra & Kimm Oct Building Permits
6758.31
Sam’s Club dividers, binders, upgrade
29.30
DM Register legals published
391.11
Neuvirth Construction IndPrkUtils pmt1&2
258796.53
WEX Bank Fleet fuel city & fire
114.64
Mid American Energy gas/electric
1202.28
Apparatus Testing Services test 3530
341.00
Ankeny Hardware ConcreteSaw rent sprayer
Motion by Jones, 2nd by Shipley to approve payment of the Bills Submitted. All Ayes. Mc.
Rumbaugh arrived.
Lt. Dan Grim presented the Sheriff’s report.
Council listened to concerns from Adrian and Shirley Ploegstra and from Charlie Campbell on the
condition of the ditch and crop damages on their properties along NE 126th Ave or West Walnut
Street due to the installation of utilities to the Elkhart Industrial Park. They requested the ditch
drainage be restored to run into the intakes. No action was taken on Resolution 2015-117.
Bob Veenstra updated Council on several topics including: Industrial Park project; additional
easement requirement to install the sanitary sewer; Lift station completion deadline and delivery of
equipment; Contractor performance and payments; Sewer Lagoon Facility Plan Project and public
hearing on Antidegradation Analysis; sewer noncompliance response to Iowa Department of Natural
Resources; Water issues; and the TIF request for FY 2017.
Motion by Rumbaugh, 2nd by Shipley to approve Resolution 2015-118 approving payments 1 and 2 to
Neuvirth Construction Inc in the total amount of $258,796.53 as submitted by City Engineer Bob
Veenstra. Roll Call Vote. Ayes: Jones, Just, Rumbaugh, Shipley, and Smith. Passed: none. Nays:
none. Absent: none; Mc.
Motion by Shipley, 2nd by Rumbaugh to approve Resolution 2015-119 setting the date of January 18,
2016 as the date of the Public Hearing concerning the Antidegradation Analysis involved in the
Sewer Lagoon Facility Plan as submitted by City Engineer Bob Veenstra. Roll Call Vote. Ayes:
Jones, Just, Rumbaugh, Shipley, and Smith. Passed: none. Nays: none. Absent: none; Mc.
Motion by Just, 2nd by Jones to approve Resolution 2015-120 approving requesting $100,000 in Tax
Increment Financing for FY 2017 to cover the General Obligation debt payments. Roll Call Vote.
Ayes: Jones, Just, Rumbaugh, Shipley, and Smith. Passed: none. Nays: none. Absent: none; Mc.
Council reviewed two quotes from vendors who supply water chemicals but requested more
information on the chemical delivery process before proceeding so no action was taken on Resolution
2015-121.
Clerk relayed the official results from the November 3, 2015 Mayor and City Council Election. The
oath of office will be given in the December 14, 2015 Council meeting to the following whose new
terms will begin January 1, 2016: Mayor Brandon Snyder, Councilmen Michael Just, Steve Nolte,
and Kevin Smith. Other communications were shared including a rate increase proposed by Mid
American and donation request from North Polk Post Prom Committee.
Council and the Mayor gave their individual reports. Jones discussed the need for more Little
League fields. Just requested the tree stakes be removed from the young trees in Prairie Pointe Park.
Clerk reported the October 2015 Financials: Receipts: General: $61344; RUT: $3298; Emergency
Fund $5799; Restricted Fire Department: $444; Betterment: $2; Debt Service: $4442; Water:
$7713; Sewer: $5676; Storm water: $949. Disbursements: General: $21286; Betterment: $959;
Sewer Lagoon Facility: 2997; Sewer Industrial Park: $10134; Water Industrial Park: $2634; Water:
$4895; Sewer: $1855; Storm water: $157. Combined Fund Balance = $1,700,009. Cash balances
for Revenue Funds included in the combined Fund balance: Elkhart Memorial Park Board: $4238;
Elkhart Cemetery Association: $1816; Elkhart Community Betterment Committee: $29004;
Restricted Fire Department: $357,692; Not included in the Combined Fund Balance: Elkhart
Volunteer Fire Association: $23,952.
Clerk also shared other financial reports, September building permits report, and noted the next
regular 2015 Council Meeting date scheduled is December 14, 2015 with Holiday Light judging at
6pm. The Elkhart Community Visioning Committee met November 10, 2015 at 6pm and City Hall
will be closed most of November 20, 2015 for a Community Visioning Conference. City Hall will
also be closed November 24 – 30 with Clerk on vacation.
Fire Chief Chip Mathis summarized his written report and Fire Captain Lemke updated Council on
plans to look at a 2006 ambulance for sale around $29,900. Motion by Jones, 2nd by Shipley to
approve Resolution 2015-122 to approve new members on the Fire Department named Chad
Bentzinger and Alan Summers. Roll Call Vote. Ayes: Jones, Just, Rumbaugh, Shipley, and Smith.
Passed: none. Nays: none. Absent: none; Mc.
Motion by Just, 2nd by Shipley to approve Resolution 2015-123 authorizing the Elkhart Fire
Department to purchase two sets of coats and pants at a price not to exceed $4000. Roll Call Vote.
Ayes: Jones, Just, Rumbaugh, Shipley, and Smith. Passed: none. Nays: none. Absent: none; Mc.
The Elkhart Cemetery Association meets November19, 2015.
Motion by Just, 2nd by Jones to approve the Elkhart Volunteer Fire Association to use of the Elkhart
Fire Station on December 19, 2015 for their annual Santa in the Fire Station event. The Elkhart
Cemetery Association meets November19, 2015.
Motion by Just, 2nd by Jones to approve the first and final reading of Ordinance 2015-05 with waiver
of the second and third readings. Ordinance 2015-05 replaces Chapter 165.14B L-1 Light Industrial
Districts in order to clarify uses, buffers, screening, surfacing requirements and other standards in L-1
Light Industrial Districts. Roll Call Vote. Ayes: Jones, Just, Rumbaugh, Shipley, and Smith. Passed:
none. Nays: none. Absent: none; Mc.
Motion by Just, 2nd by Shipley to approve the first and final reading of Ordinance 2015-06 with
waiver of the second and third readings. Ordinance 2015-06 replaces Chapter 165.13B C-2 General
Commercial Districts in order to clarify uses, buffers, screening, surfacing requirements and other
standards in C-2 General Commercial Districts. Roll Call Vote. Ayes: Jones, Just, Rumbaugh,
Shipley, and Smith. Passed: none. Nays: none. Absent: none; Mc.
Motion by Just, 2nd by Shipley to approve the first and final reading of Ordinance 2015-07 with
waiver of the second and third readings. Ordinance 2015-07 replaces Chapter 165.13 C-1 Core
Business Districts in order to clarify uses, buffers, screening, surfacing requirements and other
standards in C-1 Core Business Districts. Roll Call Vote. Ayes: Jones, Just, Rumbaugh, Shipley, and
Smith. Passed: none. Nays: none. Absent: none; Mc.
Motion by Just, 2nd by Shipley to approve the first and final reading of Ordinance 2015-08 with
waiver of the second and third readings. Ordinance 2015-08 replaces Chapter 165 Section 23
Architectural Design and Treatment of Buildings in order to clarify exterior design standards
forCmmercial, Core Business, Industrial, and Light Industrial, and all Residential Zoning Districts.
Roll Call Vote. Ayes: Jones, Just, Rumbaugh, Shipley, and Smith. Passed: none. Nays: none.
Absent: none; Mc.
Motion by Just, 2nd by Jones to approve the first and final reading of Ordinance 2015-09 with waiver
of the second and third readings. Ordinance 2015-09 adds Section 25 to Chapter 165 to add and
clarify Surfacing Requirements for all Zoning Districts. Roll Call Vote. Ayes: Jones, Just,
Rumbaugh, Shipley, and Smith. Passed: none. Nays: none. Absent: none; Mc.
Motion by Just, 2nd by Smith to approve the first and final reading of Ordinance 2015-10 with waiver
of the second and third readings. Ordinance 2015-10 adds Chapter 181 Sign Code to the City Code
of Ordinances to add and clarify Signage Requirements for all Zoning Districts. Roll Call Vote.
Ayes: Jones, Just, Rumbaugh, Shipley, and Smith. Passed: none. Nays: none. Absent: none; Mc.
Motion by Just, 2nd by Shipley to approve the first and final reading of Ordinance 2015-11 with
waiver of the second and third readings. Ordinance 2015-11 adds Section 24 to Chapter 165 to add
and clarify Screening Requirements for all Zoning Districts. Roll Call Vote. Ayes: Jones, Just,
Rumbaugh, Shipley, and Smith. Passed: none. Nays: none. Absent: none; Mc.
Motion by Just, 2nd by Jones to approve the first and final reading of Ordinance 2015-12 with waiver
of the second and third readings. Ordinance 2015-12 adds in each Residential District, references to
other standards. Roll Call Vote. Ayes: Jones, Just, Rumbaugh, Shipley, and Smith. Passed: none.
Nays: none. Absent: none; Mc.
Motion by Shipley, 2nd by Smith to adjourn Council Meeting at 9:56 pm. All ayes, mc.
Attest:
_______________________
________________________
Jeanne Uhl, City Clerk
Brandon Snyder, Mayor