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Home My WebLink About2001-10-01-Regular MinutesWAUKEE CITY COUNCIL MINUTES October 1,2001 (1)Call to Order -The October 1,2001 meeting of the Waukee City Council was called to order by Mayor Bailey at 7 :00 PM.The Mayor asked for a roll call. (2)Pledge of Allegiance (3)Roll Call-The following members were present:Mayor Donald L.Bailey,Jr,and Council members Nicholas Gruber,Marvin Berger,Mike Watts,Bill Peard and Wayne Johnson. (4)Open Forum -(1)Citizens from the Regency Development whose homes border the Retention Pond created by Regency between Melrose and Glendale appeared before the Council to complain about the maintenance of the retention pond.They are very unhappy that it gets mowed probably once or twice a summer and grows nothing but weeds.Mayor,Council and City staff agreed with the resident's analysis of the situation.The Mayor indicated that the Staff can get the situation straightened out.Ifthere is a problem it is to be brought back to Council.(2)Jay Oxenford indicated to Mark Arentsen that he was planning to make a formal complaint concerning the signage on Highway 6.Tomato and Com signs have been up in the right-of-way for several weeks.Would like to know where individuals can put up signs according to the sign ordinance and if the sign ordinance applies to certain people and not to certain people.It seems to be unequally enforced.The Mayor indicated that was a staff function and he wasn't sure that the elected officials need to get involved in that thing.The staff needs to take care of it.(3)GeoffWarrnouth updated the Council on the results of the Fall Festival including winners of the prizes,proceeds benefited the area Chamber of Commerce Scholarship programs,Waukee welcome signs and other community projects,winners of the float contest ofthe parade.He also thanked the City and staff,especially Public Works Director John Gibson and the maintenance department for organizing the closing of the downtown business area,Waukee police department,the Fall Festival Committee and many others. (5)Agenda Additions 1 Approval-No changes.Marvin Berger moved to approve the agenda.Wayne Johnson second.Roll call:Ayes:All.Nays:None.Motion carried 5-0. (6)Consent Agenda- A.Approve 09-27-01 Bill List B.Approve 09-24-01 City Council Minutes Wayne Johnson complemented the City on its agreement with SunCom for cell phones. The bill is much less than with the previous provider. Nick Gruber moved,Wayne Johnson second to approve the bill list and the minutes.Roll call:Ayes:Gruber,Berger,Watts,Peard,Johnson Nays:None.Motion carried 5-0. BILL LIST 9/27/01 NO DEPT ENTERED ACCURATE DEVELOPMENT BANKERS TRUST COMPANY POLICE OPERATIONS IOWA DEPT OF PUBLIC SAFE REFUND-630 BOONE DR BLDG OCT '01 SINKING FUND XFE $2.290.00 $80,050.00 OCT-NOV-DEC '01 IOWA SYS $855.00 1 IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $4,446.45 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $6,379.05 MADISON NATIONAL LIFE OCT '01 LT DISABILITY IN $184.00 METLIFE SMALL BUSINESS C OCT '01 LIFE INSURANCE $139.26 MID AMERICAN ENERGY SEPT '01 STATEMENT $551.31 SUNCOM SEPT '01 STATEMENT $201.40 VISA SEPT '01 STATEMENT $13.90 FIRE PROTECTION CAPITAL SANITARY SUPPLY 5 GAL CUSTOM CAR WASH $46.00 CARPENTER PROMOTIONS UNIFORMS-STILLEY $73.90 UNIFORMS-MCCLARAN $73.90 COUNTRY CLINIC IMMUNIZATION-SHELLEY $77.00 DANKO EMERGENCY EQUIPMENT HELMET FRONT $32.00 FREIGHT FROM INV #351900 $7.22 GOGGLES $39.22 ED M FELD EQUIPMENT CO MAINTENANCE ELECTRICONICS $20.00 FIRETRIX VEHICLE MAINTENANCE $305.83 HEARTLAND CO-OP AUG '01 STATEMENT-FIRE $252.46 HOTSY CLEANING SYSTEMS EQUIPMENT MAINTENANCE $117.15 HY-VEE FOOD &DRUG CENTER FILM $10.37 IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $790.48 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $277.35 KINKO'S INC MAP UPDATES $365.00 MADISON NATIONAL LIFE OCT '01 LT DISABILITY INS $30.60 MERCY SCHOOL OF EMERGENCY TRAINING-ALLARD $15.00 TRAINING-WILLIAMS $15.00 TRAINING-SHELLEY $15.00 TRAINING-STEVENS $15.00 PEPP TRAINING-GENETOSI $150.00 PEPP TRAINING-HOWELL $150.00 METLIFE SMALL BUSINESS C OCT '01 LIFE INSURANCE $14.72 MID AMERICAN ENERGY SEPT '01 STATEMENT $730.80 MIGHTY TIDY CLEANING AUG '01 CLEANING-FIRE DEPT $100.00 PMXMEDICAL SUPPLIES $538.72 SUPPLIES $49.50 RAMADA INN TRAVEL-SPENCER $148.50 TRAVEL-SPENCER $198.00 ROBERTS COMPANY INC UNIFORM BADGES $105.99 UNIFORMS $245.00 ROSE'S THEATRICAL SUPPLY TRAINING $58.00 SUNCOM SEPT '01 STATEMENT $50.34 TRIPLETT OFFICE ESSENTIAL DATABINOER $129.00 STREET LIGHTING 3E ELECTRICAL ENGINEERING BALLAST &BULBS $1,022.59 MID-AMERICAN ENERGY SEPT '01 STATEMENT $131.63 WEBSTER ELECTRIC LOCATING $75.00 TRAFFIC SIGNAL LIGHTS MID AMERICAN ENERGY SEPT'01 STATEMENT $18.80 BUILDING INSPECTION ACADEMIC CAPITAL GROUP I OCT '01 COMPUTER LEASE $149.78 2 IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $691.67 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $1,664.10 MAIDSON NATIONAL LIFE OCT '01 LT DISABILITY INS $37.33 METLIFE SMALL BUSINESS C OCT '01 LIFE INSURANCE $26.72 SUNCOM SEPT '01 STATEMENT $50.34 SPECIAL ASSESSMENT SIDEWALK PROG DAVENPORT,MARY ANN BUS REPLACEMENT-SIDEWALK $84.78 MARKER SERVICES INC COOP SIDEWALK IMPROVEMENT $4,000.00 VEENSTRA &KIMM INC SEPT '01 STATEMENT $2,168.80 DOWNTOWN RE-DEVELOPMENT PROJECT VEENSTRA &KIMM INC SEPT '01 STATEMENT $1,025.00 WARRIOR LANE IMPROVEMENT PROJECT VEENSTRA &KIMM INC SEPT '01 STATEMENT $4,500.00 LIBRARY SERVICES IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $98.61 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $2,218.80 MADISON NATIONAL LIFE OCT '01 LT DISABILITY INS $43.02 METLIFE SMALL BUSINESS C OCT '01 LIFE INSURANCE $36.80 LIBRARY BUILDING PROJECT VEENSTRA &KIMM INC SEPT '01 STATEMENT $88.00 PARKS BIG BEAR EQUIPMENT INC SPINDLE $75.00 IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $296.43 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $55.47 MADISON NATIONAL LIFE DCT '01 LT DISABILITY INS $17.94 METLIFE SMALL BUSINESS C OCT '01 LIFE INSURANCE $1.47 MID AMERICAN ENERGY SEPT '01 STATEMENT $21.28 SUNCOM S EPT'01 STATEMENT $12.27 SEPT '01 STATEMENT $50.34 WEARMOUTH,MICHELLE WAUKTOBER FEST SUPPLIES $214.98 COMMUNITY CENTER MID AMERICAN ENERGY SEP '01 STATEMENT $251.91 STORM SEWERS ME NARDS FORM LUMER $101.02 R-WAY CONCRETE CONCRETE $308.00 PUBLIC WORKS FASTPRO INTERNATIONAL IN ALKA SAL TZER $44.85 GIBSON,JOHN R SEPT '01 MILEAGE $59.16 IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $197.62 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $277.35 MADISON NATIONAL LIFE OCT '01 LT DISABILITY INS $30.32 MBNA AMERICA BUSINESS CA SEPT '01 STATEMENT-GIBSON $44.42 METLIFE SMALL BUSINESS C OCT '01 LIFE INSURANCE $7.36 MID AMERICAN ENERGY SEP '01 STATEMENT $361.26 SUNCOM SEPT'01 STATEMENT $50.34 WATER UTILITY HY-VEE FOOD &DRUG CENTER REFRESHMENTS $25.72 IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $296.43 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $887.52 KELLER,CHRISTOPHER M JEAN REIMBURSEMENT $25.00 3 MADISON NATIONAL LIFE OCT '01 LT DISABILITY INS $17.50 METLIFE SMALL BUSINESS C OCT '01 LIFE INSURANCE $8.83 MID AMERICAN ENERGY SEP '01 STATEMENT $411.29 SEP '01 STATEMENT $11.69 MUNICIPAL SUPPLY BOLTS $61.32 PLUMB SUPPLY COMPANY BRASS BUSHINGS $8.53 SUNCOM SEP '01 STATEMENT $12.28 SEP '01 STATEMENT $50.34 US FILTERIWATERPRO GASKET $50.14 METER FLANGES $22.00 SANITARY SEWERS &TREATMENT FACI 3E ELECTRICL ENGINEERING MOTOR REPAIR $236.76 FASTPRO INTERNATIONAL IN LATEX GLOVES $9.90 IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $395.24 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $887.52 MADISON NATIONAL LIFE OCT '01 LT DISABILITY INS $21.71 METLIFE SMALL BUSINESS CO OCT '01 LIFE INSURANCE $8.83 MID AMERICAN ENERGY SEPT '01 STATEMENT $5,040.97 SEPT '01 STATEMENT $11.69 SUNCOM SEPT '01 STATEMENT $12.28 SEPT '01 STATEMENT $50.34 VAN METER INDUSTRIAL INC LI M IT SWITCH $274.28 VEENSTRA &KIMM INC SEPT '01 STATEMENT $832.12 GAS UTILITY BATES &ASSOCIATES INC CREDIT-HANDLE -$21.46 METER PARTS $65.45 HEALTHCOMP EVALUATION SE DRUG TESTING $25.00 IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $889.29 IOWA PIPELINE ASSOC INC METER BARS $356.97 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $1,996.92 LOGAN CONTRACTORS SUPPLY TAMPER REPAIR $122.90 MADISON NATIONAL LIFE OCT '01 LT DISABILITY IN $55.58 METLIFE SMALL BUSINESS C OCT '01 LIFE INSURANCE $29.56 MID AMERICAN ENERGY SEP '01 STATEMENT $282.06 SEP '01 STATEMENT $11.70 PLUMB SUPPLY COMPANY THREADING DIE $62.37 PIPE PLUG $4.43 SUNCOM SEP '01 STATEMENT $12.28 SEP '01 STATEMENT $151.02 TESTNET DRUG TESTING $18.00 UTILITY CONSULTANTS INC METER $513.16 UTILITY BILLING ACADEMIC CAPITAL GROUP I OCT '01 COMPUTER LEASE $74.89 IOWA.MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $98.81 MBNA AMERICA BUSINESS CA SEP '01 STATEMENT-GIBSON $44.43 STREETS DEPARTMENT BUSINESS COMMUNICATIONS RADIO REPAIR $93.04 DAN RAITT INC ROADSTONE $1,686.11 ROADSTONE $356.64 IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $1,383.34 4 IOWA STATE UNIVERSITY ROAD WORKSHOP-PERKINS $75.00 ROADWORKS HOP-OLSON $75.00 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $1,442.22 KAR PRODUCTS BOLTS/FUSES/CABLE TIE/SU $655.50 MADISON NATIONAL LIFE OCT '01 LT DISABILITY IN $35.42 ME NARDS FORM BOARDS $199.89 METLIFE SMALL BUSINESS C OCT '01 LIFE INSURANCE $16.19 MID AMERICAN ENERGY SEPT '01 STATEMENT $11.69 MID IOWA SALES COMPANY SHOP SUPPLIES $121.54 MINER DUST CONTROL DUST CONTROL $311.40 NEWMAN TRAFFIC SIGNS STREET SIGNS $231.00 R-WAY CONCRETE CONCRETE $519.75 SUNCOM SEP '01 STATEMENT $12.28 SEP '01 STATEMENT $100.70 ZIEGLER INC SKIDLOADER HYDRALIC HOSE $44.24 MAYOR AND COUNCIL IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $49.40 ADMINISTRATION ACADEMIC CAPITAL GROUP I OCT '01 COMPUTER LEASE $224.65 ARAMARK UNIFORM SERVICES MAT SERVICE-CITY HALL $57.97 ARENTSEN,MARK OCT '01 TRAVEL ALLOWANCE $250.00 COMPUSAINC FRONTPAGE 2002 MANUALS $82.48 GLASS ACT WINDOW WASHING-PROF PLAZ $40.00 IOWA LEAGUE OF CITIES CONFERENCE-ARENTSEN $165.00 IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $148.22 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $1,664.10 MADISON NATIONAL LIFE OCT '01 LT DISABILITY IN $89.54 MBNA AMERICA BUSINESS CA SEP '01 STATEMENT-ARENT $83.95 SEP '01 STATEMENT-GUNDERS $64.95 METLIFE SMALL BUSINESS C OCT '01 LIFE INSURANCE $56.44 SUNCOM SEPT'01 $50.34 TRIPLED OFFICE ESSENTIAL BINDER $18.19 COPY PAPER $6.58 PAPER $25.90 CREDIT-PAPER -$15.08 FINANCIAL ADMINISTRATION ACADEMIC CAPITAL GROUP I OCT '01 COMPUTER LEASE $74.89 IOWA MUNICIPALITIES WORK 00-01 PREMIUM ADJUSTMENT $98.81 MADISON NATIONAL LIFE OCT '01 LT DISABILITY IN $23.52 METLIFE SMALL BUSINESS C OCT '01 LIFE INSURANCE $7.36 TRIPLED OFFICE ESSENTIAL FILE POCKET/CALENDAR/RIB $44.74 COMMUNITY DEVELOPMENT ACADEMIC CAPITAL GROUP I OCT '01 COMPUTER LEASE $74.89 DALLAS COUNTY DEVELOPMENT 2002 MEMBERSHIP $1,922.25 DORSEY &WHITNEY SEPT'01 DOWNING &ANNEX $3,205.78 GUNDERSON,JODY OCT '01 TRAVEL ALLOWANCE $250.00 JOHN DEERE HEALTH PLAN I OCT '01 HEALTH INSURANCE $526.97 KIRKHAM MICHAEL &ASSOCIATES 180-INTERCHANGE REPORT $2,500'.00 MADISON NATIONAL LIFE OCT '01 LT DISABILITY IN.$34.57 MBNA AMERICA BUSINESS CA SEP '01 STATEMETN-GUNDERS $111.74 5 METLIFE SMALL BUSINESS C SUN COM VEENSTRA &KIMM INC CITY ATTORNEY DICKINSON MAC KAMAN TYLER HUSCHER,PAUL E ENGINEERING JOHN DEERE HEALTH PLAN I MADISON NATIONAL LIFE METLIFE SMALL BUSINESS C SUNCOM VEENSTRA &KIMM INC OCT '01 LIFE INSURANCE SEPT '01 STATEMENT SEP '01 STATEMENT $7.36 $50.34 $1,643.04 AUG '01 UNION NEGOTIATION OCT '01 LEGAL SERVICES $3,121.50 $2,000.00 OCT '01 HEALTH INSURANCE OCT '01 LT DISABILITY INS OCT '01 LIFE INSURANCE SEP '01 STATEMENT SEP '01 STATEMENT $832.05 $18.86 $7.36 $50.34 $6,931.02 GRAND TOTAL $169,402.74 (7)Mayor's Report:The Mayor thanked the Chamber on their efforts on the Fall Festival and City staff and everybody involved.Also this past week,had the Library Groundbreaking on Friday.Received a certificate ofliability insurance from MediaCom to staff,Public Notice to staff.Attended the Eagle Scout Ceremony for Matt Dowell, Dennis &Marilyn Dowell's son.Matt organized a crew to re-roofthe Park shelter house including the outhouse.The nationwide average is 2%of all scouts.Waukee has 2.78 in Waukee.This is a tribute to the community,the scout leaders and the program. (8)Resolution:Joining the Iowa League of Cities in the resolution of support for New York City,Washington,D.C.and Somerset County,Pennsylvania.The Mayor read this resolution.Wayne Johnson moved to approve.Nick Gruber second.Roll call:Ayes: Johnson,Gruber,Berger,Watts,Peard.Nays:None.Motion carried 5 -O. RESOLUTION NO.01-177 RESOLUTION FOR THE CITY OF WAUKEE IOWA LEAGUE OF CITIES MEMBER WHEREAS,On the II th day of September 2001,when a horrific,stunning terrorist attack occurred,AND WHEREAS,potentially thousands of Americans,including husbands,wives,sisters,brothers,police officers and firefighters perished in this attack,AND WHEREAS,we as American citizens and community leaders,pledge our committnent and support to the decisions deemed most appropriate by our federal government in response to the terrorist attack,AND WHEREAS,we extend our deepest and most heartfelt sympathy and condolences to the families and communities, WE,the City of Waukee with the Iowa League of Cities and the other communities the League represents, do hereby pledge to provide emotional,financial and human resource support to New York City, Washington,D.C.and Somerset County,Pennsylvania. Passed,adopted and proclaimed by the City Council this first day of October 200 I. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator Roll call:Ayes Nays Nick C.Gruber X Marvin E.Burger X Mike Wade X Bill Peard X Wayne Johnson X Absent 6 (9)Resolution:Consider contribution of $1 per capita for disaster relief efforts.The Mayor read the resolution.Councihnan Watts moved that funds totaling $5,126.00 be given to the September 11 Fund.Bill Peard second.Mark Arentsen indicated the September 11 Fund is being administered by the United Way and the New York Community Trust and they've agreed as part of this to waive all of their administrative fees for this effort.Roll call:Ayes:Watts,Peard,Johnson,Berger,Gruber.Nays:None. Motion carried 5 -O. RESOLUTION NO.01-178 A RESOLUTION ESTABLISHING SUPPORT OF TERRORIST-ATTACKED AREAS AS A PUBLIC PURPOSE WHEREAS,at least three communities iu the United States were attacked on September 11,2001,iu a coordinated terrorist operation,and WHEREAS,the result of this attack is unprecedented in the loss of life of civilians,and potential impact on economic fabric of the nation,and WHEREAS,there were significant casualties to municipal public safety personnel who were attempting to respond to the emergency,and WHEREAS,the loss of life and extensive damage to property have the potential to reduce the confidence of citizens in the ability of govennnent-federal,state,or local-to provide for public safety,and WHEREAS,providing relief to the survivors of the attacks,and speedy restoration of local services,. particularly public safety protection,will help assure our citizens that the safety of the connnunity is maintained,and WHEREAS,the aid of this community to the relief and restoration efforts will provide greater safety and security for all communities, THEREFORE BE IT RESOLVED that providiug relief to the connnunities ravaged by the terrorist attacks is a public purpose,and that this community should join iu the nationwide effort to maintain the safety of all communities. BE IT FURTHER RESOLVED THAT THE city of Waukee will contribute an amount of$5,126 to September 11 Fund to provide such relief. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL AYES NAYS ABSENT Nicholas Gruber X Marvin Berger X Michael Watts X Bill Peard X Wayne Johnson X (10)Resolution:Approving annexation of Maple Grove Church property.Limited Discussion.Mike Watts approved the annexation.Bill Peard second.Roll call:Ayes: Watts,Peard,Johnson,Berger,Gruber.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-176 APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS,the City of Waukee,State oflowa,is a duly organized municipal corporation AND, WHEREAS,the City of Waukee,Iowa has received an Application for Voluntary Annexation from the Trustees of Maple Grove United Methodist Church,Robert S.Crandall,pastor and Joyne Vernard,Trustee Chairperson,property owners of certain real estate under the ownership of said petitioner,located in Dallas County,Iowa,and shown on the map identified as Exhibit "A"attached hereto and made a part hereof and legally described as follows: 7 Beginning at the Southwest Comer of the Southeast Quarter of Section no.three (3),Township seventy-eight (78)Range twenty-six (26)thence North ten (10)rods thence East thirteen (13)rods thence South ten (10) rods thence West thirteen (13)rods to the place of beginning. WHEREAS,such property collectively adjoins the City as required by Chapter 368,Code ofIowa,2001, AND, WHEREAS,all notification has been carried out pursuant to Chapter 368,Code ofIowa,2001,AND, WHEREAS,it is in the best interests of the City and public that said property be annexed to the City of Waukee,at this time,AND, WHEREAS,the property is not utilized as a residential property. NOW THEREFORE,the City Council of the City of Waukee does resolve as follows: SECTION 1.The Application for Voluntary Annexation is hereby approved and said property described as Beginning at the Southwest Comer of the Southeast Quarter of Section no.three (3),Township seventy-eight (78)Range twenty-six (26)thence North ten (10)rods thence East thirteen (13)rods thence South ten (10) rods thence West thirteen (13)rods to the place of beginning. shall be annexed to the City of Waukee,Iowa,in accordance with Chapter 368,Code ofIowa,2001,and such property shall hereinafter become and be part of the City of Waukee,Iowa.. SECTION 2.The Mayor and City Administrator/Clerk are hereby authorized and directed to prepare and execute all documents necessary for this annexation and are directed to file the same with the City Development Board as required by the Code ofIowa. SECTION 3.A transition for imposition of taxes shall be proved to the above-described residential property pursuant to the formula set forth in Section 427B.3(1-5)of the Code ofIowa,2001 and shall be applied in the levy and collection only of City taxes. SECTION 4.This Resolution's transition for imposition of taxes shall be effective upon completion of annexation proceedings before the City Development Board;and thereafter,the City Clerk is hereby directed to file a copy of this Resolution with the Offices of the Dallas County Recorder,Auditor,Assessor and Treasurer. Passed and adopted by the City Council on October 1,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (11)Resolution:Approving the site plan/or Chow's Gymnastics and Dance Institute.P &Z had a concern as to the type of zoning.There was a typo in the ordinance book, correcting that cleared up the confusion.It does fit into the zoning.The architect presented a diagram of the building and showed the type of building and what the side facing the street wi11look like.It is located east of Alice's road,north of Hickman. Wayne Johnson moved to approve.Nick Gruber second.Roll call:Ayes:Johnson, gruber,Peard,Watts,Berger.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-179 APPROVING THE SITE PLAN FOR CHOW'S GYMANSTICS AND DANCE INSTITUTION 8 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS,The City of Waukee,Iowa is an iucorporated City within Dallas County,Iowa;AND, WHEREAS,The Waukee City Council has been petitioned to approve the site plan for Chow's Gymnastics and Dance Institute;AND, WHEREAS,The Planniug and Zoning Connnission has uuanimously approved the site plan for Chow's Gymnastics and Dance Institute on September 25,2001;AND, WHEREAS,The site proposed is in conformance with the City's Site Plan Ordinance;AND, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this I"day of October,200 I that it hereby approves the site plan for Chow's Gymnastics and Dance Institute. Donald L.Bailey,Jr.,Mayor Attest: Mark 1.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (12)Resolution:Approving the site plan for Mid-States Ford.Jim Van Werden,attorney from Adel,chaired the discussion concerning the site plan for Mid-States Ford.Gary Reed introduced the site plan,the building and the location.P &Z had a question about the siding as it went around the building.Mike Larson of Septagon,Marv Perry and Mark Arentsen agreed on the type of construction material.The material is a metal panel with a luca bond found on many car dealerships.They are sixteen inch wide interlocking panels.A sample was presented to the Council for its review.There are couple issues with this site:1)the DOT right-of-way has not been completely agreed upon and 2) office site utilities of water and gas will be extended to this property when details are worked out.The right-of-way will contain the retention facility as of right now.Nick Gruber moved to approve.Bill Peard second.Roll call:Ayes:Gruber,Peard,Berger, Johnson,Watts.Nays:None.Motion carried:5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-180 APPROVING THE SITE PLAN FOR MID-STATES FORD IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS,The City of Waukee,Iowa is an incorporated City within Dallas County,Iowa;AND, WHEREAS,The Waukee City Council has been petitioned to approve the site plan for Mid-States Ford; AND, WHEREAS,The Planning and Zoning Connnission has unanimously approved the site plan for Mid- States Ford on September 25,2001;AND, WHEREAS,With the exception of additional detail required for landscape planning,the proposed site plan is in conformance with the City's Site Plan Ordinance, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this I"day of October,2001 that it hereby approves the site plan for Mid-State's Ford. Donald L.Bailey,Jr.,Mayor. Attest: Mark 1.Arentsen,City Administrator/Clerk 9 ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (13)Resolution:Approving amendment to agreement with Veenstra &Kimm,Inc.for design services of downtown redevelopment.The planning and development committees composed of staff,interested citizens and triangle businesses and community leaders that have been meeting are making significant progress in constructing a downtown that all of Waukee will be proud of.The product is impressive and can only get better.The businesses of the area want to complete all ofthe project in one year rather than spreading it out over two or three years.Doing so increases the amount originally requested by Veenstra &Kimm,Inc.for design work.The request to amend the original bid of$19,500 to include the second phase of$19,500 plus $1,000 for schematic drawings and committee meetings was moved by Bill Peard.Wayne Johnson second. Roll call:Ayes:Peard,Johnson,Berger,Gruber,Watts.Nays:None.Motion carried 5 - O. THE CITY OFWAUKEE,IOWA RESOLUTION 01-181 APPROVING AMENDMENT TO AGREEMENT WITH VEENSTRA &KIMM,INC.FOR DESIGN SERVICES OF DOWNTOWN REDEVELOPMENT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS,Veenstra &Kimm,Inc.were selected to do the design and bidding of the first phase of the Triangle redevelopment project AND, WHEREAS,the downtown bnsinesses have suggested that they would like to construct both the 300 and 400 blocks at the same time AND, WHEREAS,a consensus is developing as to the type of improvements people would like to see in the downtown area AND, WHEREAS,Veenstra &Kimm,Inc.propose to amend the scope of their work to include a design which would include the area from the north side of Ashworth Road to the north side of Locust Street with associated paving,sidewalks,landscaping,lighting and water main replacement AND, WHEREAS,the revised scope doubles the length of construction and the associated design costs. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 1ST day of October,2001 that it hereby approves a payment of$19,500 for additional design work to be completed by Veenstra &Kimm,Inc.on the Triangle Area Redevelopment Project. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne J olmson X NAY ABSENT (14)Motion:Setting October 15,2001 as the date for a public hearing on rezoning of Westview Church from A-I to C-1.No discussion.Mike Watts moved to approve. 10 Wayne Johnson second.Roll call:Ayes:Watts,Johnson,Berger,Gruber,Watts.Nays: None.Motion carried 5 -0. (15)Motion:Consider override of mayoral veto of Hickman Road Street Lighting Project special assessment.The veto letter by Mayor Bailey,which was sent September 14 was read into the Council record by the Mayor,the contents of which follows: Dear City Council Members, May this serve as official notice of my veto of the Resolution:Approving the Resolution of Necessity for the Hickman Road Arterial Street Lighting Project and the Motion: Directing the City Clerk to file certified copies of the Resolution of Necessity and Preliminary Plat and Schedule of Assessments with the County Treasurer. I believe because of the benefit to Public Safety of the whole community,as per City Administrator Arentsen description at the meeting for example (his experience with the car across the road),that the cost of this project should be totally funded by TIF revenue. The new Warrior Plaza project will generate more than enough TIF dollars to pay for the total cost of this project.These TIF revenues are in addition to any dollars already accounted for on a 25%assessment basis for the project. If,however,you are not supportive of not assessing any of this project;in the interest of compromise,I will support a lower assessment of 10%vs.25%on the included properties with the exception of the Baptist Church.I will not compromise on the assessment on the church,their portion should be zero like the residential property. Sincerely, Donald Lee Bailey,Jr. CC:Waukee Baptist Church Property owners on assessment schedule Mark Arentsen Marvin Berger,Councihnember,answered the veto letter with a letter,the contents of which follows: RESPONSE TO MAYOR'S VETO OF THE RESOLUTION: Approving the resolution of necessity for the Hickman Road Arterial Street Lighting Proj ect and the Motion:Directing the City Clerk to file certified copies of the resolution of necessity and preliminary plat and schedule of assessments with the County Treasurer. Mr.Mayor: You stated to me that your veto is intended to make the Council think twice about how they voted.I take that statement as an insult.I take my responsibility and vote on every issue before me very seriously,have read my packet before every meeting,and given each vote thought before coming to the meeting.I will always vote for what I feel is in the best interest of Waukee as I did in this case. The first statement you make is that because of the benefit to public safety of the whole community,this proj ect should be totally funded by TIF revenue.You also state that the new Warrior Plaza Project will generate more than enough TIF dollars to pay the total $305,284.75 estimated cost of the Hickman Street Lighting Project.I disagree.To cover this cost would require in excess of $1,000,000 in assessed value.The Warrior Plaza Project will only produce $450,000 to $500,000 in assessed valuation or only one half the 11 required assessment.You seem to ignore the intent and purpose of the City in creating the urban renewal area and the priority for these funds.As I remember it,the TIF funds were to be funneled into areas,primarily south of University,to expand infrastructure in anticipation of the future interstate interchange.In the past,when you were looking for a source of funds you appeared to look to the Gas fund without considering the Gas fund needs.Now,the focus of your attention seems to have shifted to TIF funds,without adequate consideration ofthe future purposes intended for those funds. You have stated that you are not against assessing on this project.In fact,you state you would support a 10%assessment vs.25%.The City has an established past practice of a 25%assessment.In fairness to all past and future assessment projects,I feel that we should not vary the assessment percentage from 25%assessment.I realize that we are in the political election season.This,however,does not in my mind condone holding ones finger up to the political wind and shifting from established practices.This is not the leadership I would expect from any elected leader,be it Mayor or Councilman. Your last point was that you would not compromise on the assessment on the Church. This too would appear to be a response to the political wind and the vocal response from the Church.It would also be setting a precedent for all future Church assessments. Failing to collect assessments on these projects will result in increased costs to the general taxpayers or to other properties in the same project.Churches already receive benefits not available to the general taxpayers and receive general City services for which they do not pay.I have a son in the ministry so I do understand the mission of the Church.The mission does not guarantee free services.Jesus said to render unto Caesar what is Caesars and to God what is Gods.I am against using the political wind and closeness of the election as a reason for setting this precedent. The last argument presented at the public hearing,but not in your veto letter,was that commercial property should not be assessed at all.The argument was that this street lighting project is a 100%public benefit and 0%benefit to abutting commercial property. I find this very hard to accept.I feel that the improved lighting will enhance the safety, visibility,and accessibility to the abutting commercial properties and have a direct effect on the property values.Therefore,it is reasonable to assess them a small 25%portion of this cost.A review of the preliminary assessment schedule shows 42 properties with an average assessment of$1,709.89 per property.This would,in my mind,equate to the increased value to the abutting properties.Remember,also,that the City has also graciously entered into development agreements with many of these property owners. This lighting project benefits all in the City and we all should contribute. The point was also made that we could do only a portion of this project.This would increase the cost of the project and place a greater burden on the general public.It is my understanding that Clive is extending their lights westward to the Waukee city limits this fall.To leave a portion unlit would not speak well of Waukee. With these thoughts in mind I would now like td again move the resolution:Approving the Resolution of Necessity for the Hickman Road Arterial Street Lighting Project and the motion Directing the City Clerk to file certified copies of the Resolution of Necessity and Preliminary Plat and Schedule of Assessments with the County Treasurer. 12 As rebuttal,the Mayor reported that he had asked for a report from the staff concerning the Warrior Plaza Project,if that would pay for the TIPS for the Streetlighting Project. Mark Arentsen confirmed that the Mayor asked for and received this report.The Mayor continued by saying that the City has never assessed for streetlights.25%has been adopted for concrete.Clive for the most part is completely developed where the streetlights have gone in.The Mayor also indicated that he certainly respected Marvin's opinion.He also indicated that he would never personally attack him or try to tum this thing into a political thing.He indicated he was entitled to this by virtue of his position and that is how he believes and to do otherwise would be contrary to his beliefs. Wayne Johnson commented that he had voted against the resolution of necessity the last time.He did so because he didn't agree with the scope of the lighting project.He was not in favor oflighting large areas of Highway 6 where there aren't any entrances.This is an issue he tried to raise at the last Council meeting,09-24-01.Councilman Johnson is on record supporting the 25%assessment.He has reviewed how the other cities have defined the public safety vs.private benefit conundrum.The range of what cities do is wide.For instances,one of the communities will not credit more than 40%to public safety.Meaning the assessment would likely be 60%.Pursuing this issue,Councilman Johnson reviewed the assessed property value and found that they range from $500 to $700 per acre on property that sells for approximately $30,000 per acre.He feels strongly that once the lights are installed along Hickman Road,the sale value of properties along it will easily increase to $33,000 or $34,000.So the fmancial benefit to developers /property owners is evident from the day the lights are switched on. A second issue is one of using public dollars that have been collected from the general public or from a specific sector of the public such as Tax Increment Financing dollars (TIP).Councilman Johnson feels that if 100%TIP dollars were used owners of agricultural land would benefit greatly in the years to come without having paid in to the funds being used. A third issue discussed by Councilman Johnson was that of Church property and whether Churches arelhave been assessed.Researching the issue,Mr.Johnson found out that Churches are assessed and can be assessed for public improvements.However, Councilman Johnson hasn't an objection to the church receiving a deferment much as agricultural property landowners receive an ag deferment.Councilman Johnson feels that Churches do a lot of things for the community but he doesn't believe that 100%of the dollars that the church collects in the community stays in the community. Comments from the audience were entertained.It was also mentioned by Jody Gunderson that an informational meeting was held for property owners before the process began,which gave them enough information for them to respond in some manner prior to . the initial public hearing.None ofthem came forth to argue for a change in assessment. Jerry Steele,Chairman of the Planning &Zoning Committee,also mentioned that he was for the 25%assessment because he didn't see the difference between lights and concrete for sidewalks -they were both public improvements.Further discussion occurred. Motion made by Marvin Berger earlier in the discussion was second by Nick Gruber. The Mayor called for the roll call.Roll call:Ayes:Berger,Gruber,Johnson,Peard. 13 Nays:None.Abstentions:Watts -conflict of interest;his employer is/will be assessed for this project.Motion carried 4 -O. Discussion continued concerning the scope of the program and whether phasing the project into two separate projects would be feasible and/or would work.It was decided that phasing was a possibility by starting predominately in areas of less light.Those areas currently being lit in some manner would be part of the second phase.Mik Briedis indicated that the Council has the option of structuring the bidding to where they receive a complete bid and an alternate bid of phase construction.After the bids are received the Council can decide whether to do the entire corridor or a portion of it as Councilman Johnson is suggesting.Then it would also be possible to evaluate whether there would be a penalty by comparing the smaller project vs.the larger project.Doing this would give the Council one other tool to help in evaluating the project. (16)Resolution:Approving the Resolution of Necessity for the Hickman Road Arterial Street Lighting Project.Action taken on this item in previous motion. (17)Motion:Directing the City Clerk to file certified copies of the Resolution of Necessity and Preliminary Plat and Schedule of Assessments with the County Treasurer. Action taken on this item in motion for item #15. (18)REPORTS: City Administrator,Mark Arentsen:Received a letter from Frank Smith,attorney who has assured me that we will have a voluntary annexation petition in the next couple of weeks.Hickory Tech was in relative to the phone service.There appears to be a savings over the current provider.Engineering proposals for the balance of the urban renewal projects are due on Friday.Hopefully we have those for the next meeting.We are continuing to receive interested inquiries concerning the property along Hickman Rd. Regarding a previous phone call,the Mayor is asking for a regularly scheduled meeting with West Des Moines and Clive regarding development issues. Director of Community Development,Jody Gunderson:Will hand out to Council a copy of the moratorium and revision to the 28E agreement.Would appreciate comments and suggestion. Code Enforcement Officer,Dennis Dowell:Construction is increasing because many developers want to have their projects enclosed and done in early November. City Planner,Chad Weaver:Continuing to work on the Downtown Triangle Development Project.Moving along quite nicely.A lot ofwork on Parking lot ordinances,parking lot berms,several design issues. Public Works Director,John Gibson:Wanted to thank Geoff and congratulate him for his work on the Fall Festival.It was very well organized and preplanned,which made John's and Public Works job a lot easier.Working on Sidewalk Phase I should be completed this week,weather perruitting.Sidewalk Phase II is continuing.Paving on Fourth Street cul-de-sac has begun as of today.Weather permitting should be done Wednesday.We are in the process of hiring two employees. City Engineer,Mikelis Bredis:Warrior Lane Box Culvert is available for bidders to look at.There is one property owner who will haveto give us right-of-way easement.The schedule of hearing and letting will vary according to the time frame of the negotiations on this right-of-way. City Attorney,Paul Huscher:Auditor appeal is on file and we will be serving the auditor so we can have a hearing on the issues we raised. 14 Wayne Johnson,Park Board:Things are proceeding really well for the Wauktoberfest in Centennial Park.The original food vendor scheduled to provide food for parents and children during the event has cancelled.The Park Board is looking for a replacement Bill Peard,Chamber of Commerce:No report for the Chamber.Jay Oxenford gave a brief report from the Board of Adjustment Report for Bill,a representative to that committee,who could not attend.The Board of Adjustment could not grant a variance on outdoor storage to Plumb's Supply because they didn't meet the criteria for variances. Mike Watts,Utility and Development Committee:Development Committee met.The 28E agreement with WDM was discussed,the traffic count study on Highway 6,the study that was sent with the water bill.He feels it would be feasible to do another questionnaire in a few months. Nick Gruber,Library:We had the Groundbreaking for the Public Library Friday.Very pleased to see the number of people who were present. At this time Mayor asked for motion to adjourn.Gruber moved.Peard second,Ayes: all.Nays:None.Motion carried 5-0. Meeting Adjourned at 8:56 PM. ~~or 15