Loading...
HomeMy WebLinkAbout2000-03-06-Regular MinutesAGENDA ITEM #1:CALL TO ORDER:The regular Waukee City Council meeting was called to order on Monday,March 6,2000 at 7:00P.M.by Mayor Donald L.Bailey,Jr. AGENDA ITEM #2:ROLL CALL:Roll was taken and the following Council members were present: Johnson,Peard,Watts,Berger,and Gruber. AGENDA ITEM #3:MOMENT OF SILENCE:In Honor of Virginia Clark:The Mayor asked for a moment of silence for the passing of Virginia Clark.The Mayor stated that this was a big loss for our community. AGENDA ITEM #4:CONSENT AGENDA: 3.1:Phillies Finest Sunday Sales &Beer Permit 3.2:Payroll and Bill List 3.3:Minutes from the 2/28 &2/29/00 meetings The Mayor asked for a motion to accept the consent agenda with the minutes of 2/28 &2/29 being approved at the next meeting.Moved by Councilman Gruber,second by Councilman Berger,to accept the consent agenda of Sunday sales and beer permit for Phillies Finest,payroll and bill list.The following Council members voted:Ayes:Gruber,Berger,Peard,Watts,and Johnson.Nays:None.Motion carried 5-0. CLAIMS REGISTER REPORT 3E ELECTRICAL ENGINEERING AIRTOUCH CELLULAR ARAMARK UNIFORM SERVICES ARENTSEN,MARK BANKERS TRUST COMPANY BATES &ASSOCIATES INC. BRENTON BANK BUSINESS COMMUNICATIONS DES MOINES REGISTER GROEBNER &ASSOCIATES INC HALLEn MATERIALS HUSCHER,PAUL E IA ASSOCIATION OF IA PIPELINE ASSOC IA SIGNAL &ELECTRIC CO ICMA IOWA FEDERAL SURPLUS PRO IOWA LEAGUE OF CITIES IPERS IPERS -POLICE JIM COONS TRUCKING KAR PRODUCTS LANDSCAPE ARCHITECTURAL LAW ENFORCEMENT EQUIPMENT LESTINA,TONI LINCH AUTO PARTS SUPPLIES SUPPLIES CELL PHONE CELL PHONE FLOOR MATS FLOOR MATS/CITY HALL MARCH '00 TRAVEL ALLOW. BOND SINKING MARCH '00 PROBE PEny CASH REIMB. INSTALL BASE ANTENNA NEWSPAPER SUBSCRIPTION SUPPLIES ICE CONTROL SAND FEB '00 RETAINER DUES/CEUS EXTENSIONS ICMA SUPPLIES 2 ELECTED OFF.TRAIN.#3 IPERS PD IPERS SAND DRILL ANNEXATION SERVICES SUPPLIES TRAVEL REIMB/NEWSLEnER SUPPLIES SUPPLIES 1 $30.67 $104.76 $224.23 $43.30 $43.02 $42.27 $250.00 $55,768.54 $50.35 $43.05 $435.00 $27.95 $512.00 $113.83 $1,000.00 $600.21 $463.46 $150.00 $308.10 $33.00 $70.00 $2,142.08 $1,695.02 $577.77 $100.51 $532.00 $56.95 $22.82 $87.83 $33.06 SUPPLIES $56.64 MENARDS MATERIALS $43.47 MATERIALS $70.91 MIDWEST RADAR &EQUIPMENT EQUIP.$225.00 MIGHTY TIDY CLEANING FEB '00 CITY HALL CLEANING $400.00 OVERTON TRAILER SALES 8X6 UTIL WITH GATE $1,115.00 PLUMB SUPPLY COMPANY SUPPLIES $28.50 SUPPLIES $39.60 SUPPLIES $144.88 SMITH,JOSHUA MARCH '00 TRAVEL REIMB $250.00 SPRING VALLEY RADIO CORP COMMUNICATION EQUIP $1,044.00 SUPERIOR SIGNALS INC SUPPLIES $53.75 TREASURER,STATE OF IOWA STATE WIH $1,618.69 STATE WIH 32.94 TRIPLED OFF ESSENTIALS COPY PAPER 29.00 4 DRAWER FILE 580.00 OFFICE SUPPLIES 31.21 KEYBOARD TRAY 59.00 BOOK CASE 239.00 MOUSE 16.75 OFFICE SUPPLIES 160.34 PAPER 73.73 OFFICE SUPPLIES 60.45 PAPER 101.07 OFFICE SUPPLIES 34.12 JBINDER7.93 U.S.CAVALRY METAL·TEC 697.25 US POSTAL SERVICE DEC '99 UTIL BILLS POTAGE 352.80 UTIL BILLS/NEWSLEDER POST 625.56 ZIEGLER INC PART 61.00 GRAND TOTAL 73,814.37 PAYROLL 2/29/00 ARENTSEN,MARK J.1,715.44 BREUER,GREGORY A.1,201.52 CHARLENE WILSON 110.00 DAGGED,WILLIAM J.815.26 DAVISSON,DELORES J.158.21 DEZEEUW,DAVID S 1,071.80 DIANNA VAN ZEE 50.00 DOWELL,DENNIS D.978.87 EFTPS 10,577.65 FLATER,PATRICK J.718.01 FORD,ELIZABETH A 748.14 GIBSON,JOHN R.1,175.53 HERRICK,ROBERT D.998.45 HORKEY,ROBIN R.1,031.32 2 ICMA IPERS IPERS -POLICE JONES,HARRY N. KELLER,CHRISTOPHER M. LELAND PERKINS LESTINA,TONI L. MACK,LINDA M. MAPES,TROY M. MARCHANT,JOEY LOWELL MURPHY-PETERSEN,DEVON OLSON,SCOD A. PERKINS,LELAND E. PHILLIPS,LARRY J. POPP,SHAWN DAVID RICHARDSON,ELIZABETH A. ROBINSON,KIMBERLY A. ROYER,TIMOTHY L. SCHEDLER,RODNEY A. SCHROEDER,MELANIE L. SMITH,JOSHUA A. TIMOTHY ROYER TONI LESTINA TREASURER,STATE OF IOWA VAN ZEE,DIANNA L. WHITE,DANNY L. WILLIAMS,VALERIE J. WILSON,CHARLENE G. WINTERS,TROY S. 308.10 2,142.08 1,695.02 345.88 1,136.11 700.00 797.54 887.41 729.41 899.95 657.38 726.80 233.94 1,356.68 799.55 726.97 5.61 1,085.70 769.74 66.48 1,281.42 100.00 50.00 1,651.63 768.24 959.21 311.75 968.13 781.82 GRAND TOTAL 44,352.75 AGENDA ITEM #5:PUBLIC HEARING:For Fiscal Year 2000/2001 Budget:The Mayor that now is the time and this is the place for the public hearing for fiscal year 200012001 budget.The Mayor then opened the public hearing.The Mayor asked if any written conunents were received on the budget.City Administrator stated that none had been received.The Mayor asked for any written comment to be accepted tonight.The Mayor asked the City Administrator Arentsen to address the Council and citizens regarding points of the budget. City Administrator described briefly what was in the different sections of the budget.Mark stated that there is a need for a Capital Improvement Plan for the City.This will be handled during the Comprehensive Plan update.There are some new positions in this budget,two in the Fire Department and a Utility Inspector.Mark stated that the Utility Inspector will be inspecting water and sewer installations and this will be a billable activity.We expect to collect enough revenue to offset the cost of this position. Regarding the firefighters,there will be some billable revenue related to ambulance service.It will not cover 100%of the cost but will help keep the cost of the two full time firefighters down. There is some money in the budget for street repair.It does not represent any major projects.This will be just for patching and seal coating. Mark discussed the new equipment that is funded in the budget.Funded are a police squad car,Fire Chief car and also some self contained breathing apparatus and other Fire Department equipment.In the road use 3 fund there are also a number of pieces of equipment.In Parks there are a number of items that are planned. Including a onetime payment the City will have for the Highway 6 bike path.In Storm Sewers there are no major projects scheduled this year.The total for equipment is $213,735.00. No major sanitary sewer projects are planned. There are several major water system improvements planned including raising the water tower.Total cost for water improvements is $581,500. The gas utility will acquire some equipment and make a connection with Mid-American energy.The total cost of these projects is $400,800.00. Mark stated that the last page is a comparison of the budgets for the different departments from the current budget to the proposed budget.Some brief comments regarding the reason for the differences is also included .. In the Police Department there are increased costs for personnel and the new building.Increased costs in the Fire Department are related to establishing pay for the volunteers,new building occupancy costs and establishing two full time positions.Streetlight costs are increased due to community growth.Building Inspection costs are down due to reduced health insurance and operating costs.Library costs are up.The library will be updating its collection and staying open more hours.Increased costs in parks are related to the Highway 6 bike path,a skateboard park and additional grills and picnic tables.In Engineering,we expect the utility inspector to pay for it self through charges billed to developers.In Public Works,more seal coating is planned.In addition,costs are included for property acquisition related to a street project. The Mayor/Council budget includes new chairs for the council meeting room.Administration costs are down due to the elimination of the Assistant City Administrator position.Financial Administration costs are up as a result of establishing the Finance Director position.Costs are up for economic development activities due to the development of a new department.Costs are down slightly for the City Attorney due to landfill settlement costs being transferred to the Solid Waste budget.These are the main highlight of the proposed budget. The Mayor asked if the street acqnisition was North 1O~Street.Mark stated that it was North 6th Street. The Mayor asked for any oral comments. Mary White,670 Boone Dr,asked to speak on the budget review process.She read a letter stating her concerns regarding the review process.She stated there was a lack of communication regarding this process and would like to see this handled better in the future.She brought np items of concern regarding the hiring of employees.She felt sometimes questions were not always answered in a clear manner.She voiced some concern regarding last years budget with the lease of City Hall and the new Public Safety Building. The Mayor stated that it was his understanding that the firefighterlEMS positions wonld be left in the budget.There would be another meeting to look at all of the information before making a final decision on the hiring of these positions. Councilman Watts also stated that it was his understanding it wonld be left in the budget but wonld be reviewed before filling of these positions. Councilman Berger agreed that this was left in the budget and would be decided on at a later date. The Mayor stated that if these positions would be hired in the next fiscal year this would need to remain in the budget.He asked the Council if there would be another meeting regarding this issue. Councilman Johnson was also in agreement that prior to the hiring of the individuals,the Council would be reviewing what equipment would be needed,and how much revenue would be brought in.He stated that it 4 is possible that revenue projections may not be met,however,the cost for these positions needs to be balanced against the possibility of missed daytime calls.Part of the review process should include a review of previous years calls and the areas where we may not have been able to response.Failure to address this issue could have a significant impact on the City's fire rating.All of these items will be addressed before the full time personnel are hired. Mayor stated that there was some mist information in the paper regarding the time of the first budget meeting.The reporter picked up on the wrong day and time.The Mayor was stating what was done in previous years and the reporter thought this year would be the same.Mayor thanked Mary for sharing her concerns with the Council. Councilman Peard stated that he was upset that the previous City Administrator had suggested that he request reimbursement for his cell phone use.He was more upset with the manner it was presented to the public aud the implications of wrongdoing before there was proof of anythiug.The State Auditors office audited the bills fully and found nothing wrong.There was no impropriety at all but there was an implication of impropriety brought to the public through the paper.Councilman Peard feels everyone should have rights to review how public funds are spent.However when the State Auditor finished their review declared a clean bill of health,this matter should be dropped at that point. Joe Schmitt,2806 W.Ave.,stated the most current of the budget is on file at the library. The Mayor asked if there were any more oral comments on the budget.The Mayor closed the public hearing. AGENDA ITEM #6:RESOLUTION 00-27:Approving Fiscal Year 200012001 Budget.The Mayor asked for a motion to approve the fiscal year 2000/200 budget.Moved by Councilman Watts,second by Councilman Johnson to approve the fiscal year 2000/2001 budget.The Mayor asked for a roll call vote and the following Council members voted:Ayes:Watts,Johnson,Berger,Peard,and Gruber.Nays:None. Motion carried 5-0. RESOLUTION NO 00-27 APPROVING BUDGET FOR FISCAL YEAR 2000/2001 WHEREAS,the City believes this budget is fiscally responsible to our citizens;AND WHEREAS,the City will be lowering the City levy by .75 per $1,000;AND WHEREAS,the Mayor,City Council,and Budget Committee comprised of citizens came to terms with the budget presented. NOW,THEREFORE,BE IT RESOLVED that the City of Waukee hereby adopts the budget for fiscal year 2000/200 I. Passed and approved on March 6,2000. Donald L.Bailey,Jr.,Mayor Attest: 5 Mark J.Arentsen,City Administrator ROLLCALL A YES NAYS ABSENT Nick Gruber Marvin Berger Mike Watts Wayne Johnson Bill Peard x X X X X AGENDA ITEM #7:RECEIVEIFILE:Review of Checklist for Final Plat Approval.The Mayor stated the Code Compliance office has developed 3 different checklists to comply with 3 sections of the Ordinances.The checklists include one on the site plan and 2 land subdivision.The Mayor asked for a motion to send the checklist to Planning &Zoning for their March 28th meetingl.Moved by Councilman Gruber,second by Councilman Johnson to approve the checklist for final plat approval to be sent to the Planning &Zoning Commission for their approval.The Mayor asked for a roll call vote and the following Council members voted:Ayes:Gruber,Johnson,Peard,Berger,and Watts.Nays:None.Motion carried 5-0. AGENDA ITEM #8:RECEJVEIFILE:Staff Will Give an Update on Retention Pond Maintenance. Joshua stated he had been in touch with the Clyde Evans of the City of West Des Moines and he has not received any information regarding this subject.This will be placed on the next City Council agenda.John Gibson stated that this issue is currently covered under the property maintenance ordinance. AGENDA ITEM #9:RESOLUTION 00-28:Approval of Southfork Woods Plat 2 Construction Plans. The Mayor stated this has been through Planning &Zoning and Kevin Crawford is here to represent this project. Kevin Crawford,Bishop Engineering 3501 104th Street,stated that he has had very good experiences working with staff members Beth Richardson and John Gibson,and with the Mik Bredis and John Kursitis from Veenstra &Kimm.This has made the process very easy.He feels that developers should compliment City staff when they do a good job. Kevin Crawford stated they have complied with all of V &K's comments regarding Southfork Woods Plat 2 construction plans except for three items of concern.The first item is the hydrant spacing along Timberline Drive exceeded the 3OO-foot maximum allowable spacing.Kevin asked that the 300-foot spacing be expanded to accommodate the 360-foot hydrant spacing in the construction plans.Councilman Nick Gruber stated that 360-foot was too far and requested that another hydrant be installed.Kevin stated he would comply with the request.Item two was the 3:I side slope from the parapet wall to the sidewalk. Kevin stated they would comply with this comment.Item three was a request to use the Con Span concept in lieu of a concrete reinforced.box culvert.Kevin stated that Bishop Engineering had changed their request and will install a concrete reinforced box culvert. The Mayor stated the proposed sanitary sewer manhole locations may he in conflict with future driveways. Kevin stated that several manholes have been moved. The Mayor stated that proposed storm sewer shallow manhole locations should be moved to lot lines. Kevin stated that had been done when this was in conflict with driveways, 6 The Mayor stated that sanitary sewer easements are not shown on lots 27,28,and 29.Kevin stated that they are now shown. The Mayor stated that Brentwood Circle be changed to Brentwood Drive.Kevin stated this was done. MikBredis state that they have complied with the Veenstra &Kimm checklist. The Mayor asked for a motion to approve Southfork Woods Plat 2.Moved by Councilman Gruber,second by Councilmau Peard to approve Resolution 00-28 of Southfork Woods Plat 2 construction plans with the above changes being completed.The Mayor asked for a roll call vote and the following Council members voted:Ayes:Gruber,Peard,Watts,Berger,and Johnson.Nays:None.Motion carried 5-0. RESOLUTION 00·28 RESOLUTIONS APPROVING OF SOUTHFORK WOODS PLAT 2 CONSTRUCTION PLANS WHEREAS,the City believes that Southfork Woods Plat 2 will be an excellent addition to our City;and WHEREAS,Planning &Zoning has found Southfork Woods Plat 2 to be in conformance with City ordinances;and NOW,THEREFORE,be it resolved that the City Council of Waukee approves Southfork Woods Plat 2 Construction Plans. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk 3-6-00 ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Wayne Johnson Bill Peard Michael Watts AYE NAY ABSENT X X X X X AGENDA ITEM #10:RESOLUTION 00-29:Approving Rebate Formatted Tax Increment Financing (TIP)District Policy.The Mayor stated this will help develop a policy for rebate formatted tax increment financing district and should clarify the policy interpretation.The Mayor asked for a motion approving the rebate formatted tax increment financing district policy.Moved by Councilman Gruber,second by Councilman Berger to approve Resolution 00-29 approving rebate formatted tax increment financing district policy.The Mayor asked for a roll call vote and the following Council members voted:Ayes: Gruber,Berger,Johnson,Peard,and Watts.Nays:None.Motion carried 5-0. RESOLUTION NO.00-29 7 APPROVING TAX INCREMENT FINANCING (TIF)DISTRICT POLICY FOR REBATE FORMATTED TIF DISTRICTS WHEREAS,the City believes that we need a healthy business environment to support our City and Schools through tax revenue;and WHEREAS,the City believes that we need to remain competitive with financial incentives to attract new business;and WHEREAS,the City's infrastructure will be greatly enhanced with this policy;and WHEREAS,the City wants to mitigate the negative fiscal impact of our annual budget by increasing tax revenue by the new businesses coming in; NOW,THEREFORE,BE IT RESOLVED that the City of Waukee hereby states its intention to pass the resolution Approving Tax Increment Financing (TIF)District Policy For Rebate Formatted TIP Districts. Passed and approved on March 6,2000. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator ROLLCALL AYES NAYS ABSENT Nick Gruber Marvin Berger Mike Watts Wayne Johnson Bill Peard x X X X X AGENDA ITEM #11:RESOLUTION 00-30:Consider the Approval of Employee Life Insurance.City Administrator Mark Arentsen stated that life insurance coverage is proposed to increase from $5000 to $20000.There is a small cost increase to the City of approximately $1000.This option provides employees the ability to purchase additional life insurance.Moved by Councilman Peard,second by Conncilman Watts to approve Resolution 00-30 approval of employee life insurance.The Mayor asked for a roll call vote and the following Council members voted:Ayes:Peard,Watts,Berger,Johnson,and Gruber.Nays:None.Motion carried 5-0. RESOLUTION 00-30 8 RESOLUTION APPROVING CITY PAYMENT OF EMPLOYEE LIFE INSURANCE WHEREAS,City Employees need life insurance;and WHEREAS,the City believes that paying for life insurance for our employees is the right thing to do;and WHEREAS,the City paying for life insurance has a minimum fiscal impact; NOW,THEREFORE,be it resolved that the City Council of Waukee approves paying for City workers'life insurance. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk 3-6-00 ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Wayne Johnson Bill Peard Michael Watts AYE NAY ABSENT X X X X X AGENDA ITEM #12:ORDINANCE 2312:Changing Official Truck Routes within the City of Waukee. The Mayor stated this was due to a citizen request to keep through truck traffic on the major road.The Mayor asked for someone to introduce the ordinance.Councilman Peard introduced the ordinance.The Mayor asked for a motion to have the first reading in title only of the ordinance changing the official truck routes within the City of Waukee.Moved by Councihnan Peard,second by Councilman Watts to have the ordinance changing official truck routes within the City of Waukee read in title only.The Mayor asked for a roll call vote and the following Council members voted:Ayes:Peard,Watts,Gruber,Berger,and Johnson.Nays:None.Motion carried 5-0. An Ordinance to amend Chapter 500,Section 50l.29A,Waukee Municipal Code,Traffic Ordinance,Truck Routes,of the City of Waukee,Iowa,by deleting said Section and inserting in lieu thereof Section 5-1.29A providing that every motor vehicle weighing five (5)tons or more,when loaded or empty,having no fixed terminal within the City or making no scheduled or definite stops within the City for the purpose of loading or unloading shall travel over or upon the following streets within the City,and none other:61h Street between Hickman Road and the south City limits of Waukee;Warrior Lane between Hickman Road and Ashworth Drive;Ashworth Drive between Warrior Lane and University Avenue;and University Avenue from Ashworth Drive to the east City Limits. The Mayor asked it there were any question or comments on this ordinance. Joe Schmitt asked if there would be signs posted.The Mayor stated that John Gibson would take care of that. Councilman Peard stated that a resident had called and asked if a stop sign could be placed somewhere on Ashworth Dr.to slow the speeders down.They would like this placed somewhere between the 5 way stop and 4th.This has been studied hefore and showed there was no T-intersection to place the sign at.The 9 Mayor stated that one potential area would be Kaylin Dr.and Ashworth.The Mayor asked for this to be looked at again and report on this.Joe stated he felt it was not a sign problem because this is posted as 25mph;there needs to be more police enforcement of this area. Ben Gonnerman,3398 33S"'Str,asked a question regarding the truck ordinance.If you restrict tbe truck route to major streets aren't you eliminating potential business in the downtown area?With the expansion of Highway 6 more semis will be traveling that route and if not allowed to go downtown won't some of the business suffer like Home Town Care? Councilman Johnson stated the reason for the truck route is for through traffic.If someone is going downtown for a particular reason they aren't trying to eliminate them only the trucks that are bypassing Waukee.The intent of the ordinance is not to stop truck drivers from stopping downtown to eat. Councilman Johnson stated the truck route was 6"'Street between Hickman Rd and the south City limits. Also,Warrior Lane between Hickman Rd and Ashworth Dr. City Attorney Paul Huscher stated that the ordinance does say no scheduled or defirtite stops within the City for the purpose of loading or unloading.We need to clarify this regarding stopping at a business.The Mayor asked how to get this language in this ordinance.Paul stated he would add "or commercial stop,." The Mayor asked the Council to waive the second and third reading of this ordinance and put this ordinance on its final passage.Moved by Councilman Peard,second Councilman Watts to waive the second and third reading of an ordinance to amend Chapter SOO,Section SOl.29A and adding the wording "or commercial stop."The Mayor asked for a roll call vote and the following Council members voted: Ayes:Peard,Watts,Berger,Gruber,and Johnson.Nays.None.Motion carried S-O. The Mayor asked for a motion to put the ordinance on its final passage.Moved by Councilman Watts, second by Councilman Peard.The Mayor asked for roll call vote and the following Council members voted:Ayes:Watts,Peard,Johnson,Berger,and Gruber.Nays:None.Motion carried s-o. The Mayor declared Ordinance 2312 passed and duly adopted ORDINANCE NO.2312 AN ORDINANCE TO AMEND CHAPTER SOO,SECTION SOI.29A,WAUKEE MUNICIPAL CODE,TRAFFIC ORDINANCES,TRUCK ROUTES,OF THE CITY OF WAUKEE,IOWA,BY DELETING SAID SECTION AND INSERTING IN LIEU THEREOF SECTION SOl.29A PROVIDING THAT EVERY MOTOR VEmCLE WEIGHING FIVE (S)TONS OR MORE,WHEN LOADED OR EMPTY,HAVING NO FIXED TERMINAL WITHIN THE CITY OR MAKING NO SCHEDULED OR DEFINITE STOPS WITHIN THE CITY FOR THE PURPOSE OF LOADING OR UNLOADING OR COMMERCIAL STOP,SHALL TRAVEL OVER OR UPON THE FOLLOWING STREETS WITHIN THE CITY,AND NONE OTHER:6TH STREET BETWEEN mCKMAN ROAD AND THE SOUTH CITY LIMITS OF WAUKEE;WARRIOR LANE BETWEEN mCKMAN ROAD AND ASHWORTH DRIVE; ASHWORTH DRIVE BETWEEN WARRIOR LANE AND UNIVERSITY AVENUE;AND UNIVERSITY AVENUE FROM ASHWORTH DRIVE TO THE EAST CITY LIMITS. BE IT ORDAINED by the Council of the City of Waukee: Section I.Cbapter SOO,Section SOI.29A,Waukee Municipal Code,Traffic Ordinances,Truck Routes,of the City of Waukee,Iowa,is hereby amended by deleting said section and inserting in lieu thereof the following: Section 501.29A Truck Routes.Every motor vehicle weighing five (S)tons or more,when loaded or empty,having no fixed terminal within the city or making no 10 scheduled or definite stops within the city for the purpose of loading or unloading shall travel over or upon the following streets within the city and none other: 6th Street between Hickman Road and the south city limits Warrior Lane between Hickman Road and Ashworth Drive Ashworth Drive between Warrior Lane and University Avenue University Avenue from Ashworth Drive to the east city limits. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional. Section 4.Effective Date,This ordinance shall be in effect upon its final passage,approval and publication as provided by law. Passed by the City Council of the City of Waukee,Iowa,this 6 day of March,2000,and approved this 6 day of March,2000. Donald Lee Bailey,JI. MAYOR Attested: Mark J.Arentsen,City Clerk AGENDA ITEM #13:DISCUSSION:Discnssion on Proposed Mid-American Gas interconnect Agreement.John Gibson passed out the contract to the Council last week.John stated that Paul had some questions and that these were answered.John stated that Paul was concerned regarding the longevity of 15 years. Panl stated that there was no escape clause on that which is effective.He felt that fifteen years was a long term contract and binds you for a long time. The Mayor asked if we got competition in the gas department in Waukee would that change the scope of gas department?John stated we need the capacity and that is what the interconnect is for. The Mayor asked about the amonnt per year for the IS-year period.John stated that the amount will be figured on volume with the first year's minimum being $35,000 and the next 14 years it is figured at a 5% growth rate.John stated that the growth rate at the present was much higher than the 5%but felt over the IS-year period the City should feel comfortable with that percent growth rate. The Mayor stated that in the budget presentation it said included is Mid-American interconnect for $250,000 and that is not accurate.John stated that it was accurate.The Mid-American interconnect is the II to build the TBS station,metering,telemetry those type of items.They will also need computer to run the systems.The $250,000 is a onetime cost to build the infrastructure. Paul Huscher stated he was under the assmnption that at the time when Mid-American felt the system is worn out that it is under the sole discretion of Mid-American to stop transporting gas.The Mayor asked why would they do that?Paul stated that if Mid-American felt it was unsafe they would not want to transport gas for liability reasons.John stated that the City of Waukee will own the interconnect and Mid- American's only responsibility will be to provide maintenance on the telemetering facilities.The Agreement states Mid-American's obligation to provide twenty hours of maintenance shall continue for as long as the equipment is not,in the sole determination of Mid-American,obsolete.If they determine that telemetering is obsolete,then the City will provide the maintenance instead of Mid-American. Mayor asked when will this come back to the Council.John stated it will be considered by the Utility Board at their next meeting. AGENDA ITEM #14:RESOLUTION 00-31:Approving St.Boniface Church Site Plan. Gary Reed,Kirkham Michael,11021 Aurora Ave,Urbandale,IA.,thanked staff for getting them on the agenda after their late request.Reed reviewed the St.Boniface Site Plan and stated that the church was being built on Warrior Lane and University Ave.extended.This issue had been presented to the Council in November,however the Council did not act on the site plan because the property had not been annexed to the City.A vote was taken by the Council and the site plan was agreed to in principal at that time.Since November St.Boniface has applied for voluntary annexation of the site.There is also a 28E agreement that has been established with the City and St.Boniface Church.Reed stated that the annexation has gone through City Council but it has not been presented to the City Development Board.This will be done on March 9'".Reed is asking for site plan approval expecting that they will be annexed into the City.They would like to take advantage of the good weather. The Mayor asked Mark if he had received a letter from the County indicating that the county had no objection to the City approving the site plan prior to annexation.Mark has been in touch with the County but has not received a letter yet. Councilman Johnson asked if the County has been presented the plans.Reed stated that the initial grading plans were presented to the County last faIl.At that time they did get County approval to begin grading. Paul stated the problem is the annexation was not started soon enough,and has to go through the proper procedures.The hearing is March 9th and the Board will probably approve the request.After the Board acts on the annexation petition they wiIl file it with the Secretary of State.For 30 days after that the annexation is not final so any citizen could appeal this annexation.Paul stated that the City is being asked to approve a site plan that is not in the City or won't be in the City for 30 days.Mark's suggestion to Paul was to approve the site plan and issue a building permit with the understanding that the annexation is not final.Paul stated there were two items that were problems:After the building permit is issued and it is not annexed into the City the County is still responsible for inspections.Paul suggested that a release is needed from St.Boniface releasing the City from any liability as a result of the City issuing a building permit and approving a site plan prior to completion of the annexation procedures.The other issue is that the Council could be setting a precedent if a similar request was made in the future on a similar project.The Mayor asked if the site plan had been through Planning and Zoning?Jerry Steele stated that it was fine. Councilman Johnson stated if the County is okay with this plan and we are saying it's okay,why do we need a letter of liability?Paul stated because this isn't in the City we would be speaking for the County.If we receive a letter from the County and make sure all of the fees are agreed on there should not be a problem.Paul stated he felt the church would give the City a letter stating that they wouldn't hold the City liable for letting them go ahead in case this was not annexed. The Mayor stated that he would like a letter from the County releasing this land to the City .. Joe Schmitt stated that this might set a precedent in an area that will be experiencing a lot of growth. How would you tell the next developer no? 12 Councilman Peard stated that every issue that is brought before the Council is different. Mark stated that most annexations are areas where there are multiple buildings going up.This is unusual because there is ouly oue building going up on this property and ouly one lot being annexed. The Church agreed to draft a letter for the City. The Mayor asked for a motion to approve Resolution 00-31 approving 51.Bouiface Church site plan including a written release of liability aud a release from the County.Moved by Councilman Walts,second by Berger to approve Resolution 00-31 with the release of liability from both the Church and the County. The Mayor asked for a roll call vnte and the following Council members voted:Ayes:Watts,Berger, Gruber,Johnson,and Peard.Nays:None.Motion carried 5-0. RESOLUTION 00-31 RESOLUTION APPROVING ST.BONIFACE SITE PLAN WHEREAS,SI.Boniface Church has been a member of the Waukee cormnunity for many years;and WHEREAS,the City believes that the site plan is in conformance with City standards;and WHEREAS,Planning &Zoning approved the site plan; NOW,THEREFORE,be it resolved that the City Council of Waukee approves the St. Boniface Site Plan. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk 3-6-00 ROLL CALL VOTE Nicholas C.Gruber Marvin Berger W ayne Johnson Bill Peard Michael Watts AYE NAY ABSENT X X X X X AGENDA ITEM #15:REPORTS: 1.City Administrator:Mark stated he received a letter from V &K regarding the cost of materials related to Parkview Crossing subdivision utilities.Rick Ross should be submitting a check for approximately $9000.He has had a meeting with Jeff Downing regarding the outstanding bill of the sewer construction on the project and will continne the discussions.It is apparent there is more parties involved then just Downing Development.They are in the process of identifying the other individuals that are involved.Mik,Paul and Mark will be meeting Wednesday to establishing fees on the University trunk sewer project for the connection fee ordinance.They will have exact numbers to quote developers when they come for potential projects.Mik stated that there needs to be legal description for the connection fee district indicating what is served and 13 the amount of dollars attached to it.The Mayor asked about the oversized pipe from the Parkview Crossing snbdivision.The taxpayers should not have to pay for that.Mark stated they would also look at that issue. 2.Community Development:Joshua stated the next Economic Development Committee meeting will be March 28th at 5:30.Tomorrow a group will be going to Pella to discuss projects they have done in the past 10 years and how they were funded. 3.City Attorney:Paul stated that it is good to know developers are able to work well with City Staff.Beth Richardson &Dennis Dowell are doing a good job trying to make this easy to use. 4.Pnblic Works;John Gibson stated the R-22 sonth will be closed for approximately 10 weeks depending on the weather.They are working with the County on the detour signage.They are also working on the Pnblic Works offices.Seal coaters bave been in town and will be working with the engineers.We will be doing a bid letting on seal coating the,water tower and sewer cleaning for this year and next years budgeted items. 5.City Council:Councilman Johnson stated he received a call from the Chairman of Choose Des Moines Committee.They are interested in having Waukee join at a different rate.He will bring information on what other Cities have had to pay to the Council.His recommendation would be that it is worthwhile.There have been discussions about Waukee at those meetings and we have not had a representative there.They do have a large database of Commercial and Industrial projects that are looking to move to the Des Moines area.Parks and Rec.had their working sessions with representatives from the school regarding Centennial Park ball diamonds.The school has agreed to relocate the tennis courts.They have also agreed to move the complex of four diamonds to the north. This will free up additional parkland to tbe sonth.The school will extend the parking lot that is south of the football field further north along the west side to provide more parking.The Parks and Rec.Board will probably pass the revised plan when it is presented at the next Parks Board meeting.It will then be brought to the Conncil. Jobnson thanked all of the Park Board members for all of the hard work they put into this project. Conncilman Peard:Appreciated Mary's letter that she read.Peard stated that he felt it was important to recognize the great strides that Waukee has done in hiring a gifted City Administrator,gifted Economic Development Director,good City Staff,and one of the best Pnblic Works Directors.We hear at all the meetings how well staff is working with people and how they appreciate their services.It is important to look aronnd at the good things that have happened as opposed to some of the bad things that have happened.We are all learning as we go along.It is important that we recognize the people for some of the good things that they have done. Councilman Gruber:Wanted to tell people to shop in Waukee.There are new businesses here.Residents should support local business. Councilman Berger:Stated that Conncilman Peard did a good job of accentnating the positive.We need to always look at the positive.We have a good staff and we need to snpport them. 6.Mayor:We had interviews fat a Finance Director and she should be on staff soon.He received a thank yon letter from Father Bob regarding the gronndbreaking ceremony for St.Boniface church.Also received a letter from Dallas Connty EMS.Tom011'0W night at 7:00P.M.at the Wankee Library and City Council will meet with the Waukee Library Foundation.In an attempt to reach out to the Metro Area,Councilman Berger had been attending those meeting and would like to have another Councilman attend the meetings. 14 They are held Downtown on Wednesday mornings at 7:30A.M.once a month.The Iowa Law Enforcement which is the official publication of the Iowa Association of Chief of Police Officers have an article about Chief Larry Phillips is in the most recent issue.The Mayor would like to have the monthly calendar kept current. Mary would like the Web updated.Joshua stated this is being taken care of.Joshua will be learning how to do the updates.Councilman Peard asked for emails to be sent to anyone who wanted the monthly agendas. Attest: 15