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HomeMy WebLinkAbout2001-11-19-Regular MinutesWAUKEE CITY COUNCIL MINUTES November 19,2001 (1)Call to Order -The November 19,2001 meeting of the Waukee City Council was called to order by Mayor Bailey at 7:00 PM. (2)Pledge of Allegiance (3)Roll Call-The Mayor requested a 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 -No one present for open forum (5)Agenda Additions I Approval-No changes.Motion made and seconded to approve the agenda as written.Ayes:All Nays:None.Motion carried 5-0. (6)Consent Agenda- A.Approve 11/15/01 Payroll and 11/15/01 Bill List B.Approve November 5,2001 City Council Minutes C.Approve Off Premise Beer Permit with Sunday Sales for Kum &Go LC doing business in Waukee as Kum &Go #202 Berger moved,Watts second to approve all items.The Mayor had a question concerning a CoOp bill for brakes and the various invoices to Purchase Power,the City's vendor for postage.Roll call:Ayes:Gruber,Berger,Watts,Peard,Johnson Nays:None.Motion carried 5-0. BILL LIST 11/15/01 NO DEPT ENTERED BANKERS TRUST COMPANY POLICE OPERATIONS WAUKSEW99-PRIN &INTER A-1 ELECTRIC ALLEGRA REPLACE DOOR STRIKE/LITE POSTED STAMPS BUSINESS CARDS SUPPLIES BIOHAZARD BAGS BIOHAZARD BAGS/SUPPLIES RADIO REPAIRS SUPPLIES OCT '01 STATEMENT OCT '01 STATEMENT MINOLTACAMERA MOCK TURTLENECKS OCT '01 STATEMENT-POLICE PADLOCK EXcELL DATABASE SOFTWARE CAR CAM-TO BE REIMBURS OCT '012 STATEMENT- POLICE STORAGE CABINET & SHELVE SUPPLIES SUPPLIES SUPPLIES SUPPLIES INSTALL CAMERAITO BE REI ANI SAFETY &SUPPLY INC BUSINESS COMMUNICATIONS CHEMSEARCH DALLAS COUNTY NEWS DES MOINES WATER WORKS GALL'S INC HEARTLAND COOP J &M LOCK 7 KEY SERVICE MAINSTAY SYSTEMS INC MOBILE VISION OLSON BROTHERS STOREY-KENWORTHY COMPANY SULLIVAN,TIM $30,000.00 $878.49 $38.00 $145.00 $207.85 $14.80 $292.50 $578.36 $261.73 $8.45 $78.09 $108.90 $62.05 $1,053.58 $26.00 $140.00 $3,650.00 $667.69 $300.40 $176.34 $102.22 $14.90 $100.78 $280.00 SUNCOM OCT '01 STATEMENT $202.44 UNIVERSITY PHOTO FILM DEVELOPING $47.58 WAUKEE HARDWARE &VARIETY OCT '01 STATEMENT $79.68 OCT '01 STATEMENT $54.35 FIRE PROTECTION ASPEN MILLS EMI-I PANTS $651.42 CAPITAL SANITARY SUPPLY GARBAGE BAGS &PLATES $98.92 CARPENTER UNIFORM CO CAPS $144.00 CLIVE POWER EQUIPMETN CHAINSAW REPAIRS $69.46 CUT OFF SAW REPAIR $65.97 HELMETS &HELMET DANKO EMERGENCY EQUIPMENT FRONTS $382.19 HELMET FRONT $71.22 DES MOINES WATER WORKS OCT '01 STATEMENT $103.52 EARL MAY SEED &NURSERY PEAT $59.90 ED M FELD EQUIPMENT CO scorr SAFETY DEVICE KIT $22.00 CHEMGAURD FOAM $520.00 SCOTT MASK FLECE BAGS $337.50scorrAV2000/CHEMGAURD F $2,578.00 ELECTRONIC ENGINEERING C JUL '01 STATEMENT $60.00 CREDIT-RADIO -$30.00 SEPT '01 STATEMENT- RADIOS $60.00 CREDIT-RADIOS -$30.00 OCT '01 STATEMENT-RADIOS $30.00 GENTOSI,MIKE TRAINING EXPENSES $240.00 HEARTLAND CO-OP OCT '01 STATEMETN-FIRE D $569.19 IOWA STATEMENT UNIVERSITY TR FFI CERTIFICATE FEE-AN DE $50.00 KIRKWOOD COMM COLLEGE EMS REFRESHER-GENTOSI $200.00 KNESS SIGNS AMERICAN FLAGS $110.20 MDS MATRIX NITRONOX STD SER #2556 $1,981.69 MERCY SCHOOL OF EMERGENCY TRAINING-GENTOSI $5.00 PURCHASE POWER POSTAGE $0.34 QUALITY ENGRAVED SIGNS PASSPORT SYSTEM NAME TAG $20.07 SPRING VALLEY RADIO CORP MINITOR III'S $710.00 5 YR WARRANTY $82.00 SUNCOM OCT '01 STATEMENT $50.60 TEAM TWO INC OCT '01 STATEMENT $518.99 TRIPLETT OFFICE ESSENTIAL SUPPLIES $29.72 WAUKEE HARDWARE &VARIETY OCT '01 STATEMENT $8.56 STREET LIGHTING MID-AMERICAN ENERGY NOV '01 STATEMENT $5,538.96 NOV '01 STATEMENT $717.86 TRAFFIC SIGNAL LIGHTS IOWA SIGNAL &ELECTRIC C OCT '01 SIGN RENTAL $150.00 MID-AMERICAN ENERGY NOV '01 STATEMENT $286.10 NOV '01 STATEMENT $131.16 BUILDING INSTPECTION BALANCE COMPUTERS & ANE TECHNOLOGY SERVICES INST $1,521.45 DALLAS COUNTY NEWS OCT '01 STATEMENT $13.96 HEARTLAND CO-OP OCT '01 STATEMENT-PUBLIC $513.59 2 OLSON BROTHERS OCT '01 STATEMENT $39.00 PURCHASE POWER POSTAGE $43.98 SUNCOM OCT '01 STATEMENT $50.60 TRIPLETT OFFICE ESSENTIAL TYPEWRITER $119.19 LIBRARY SERVICES ACCESS SYSTEMS COMPUTER MAINTENANCE $89.00 AMERICAN LIBRARY ASSOC POSTERS $62.30 LIBRARY PROGRAM BARRON,SHELLEY MILEAGE $40.00 BOOK SUBSCRIPTION $36.00 BORDRS BOOK SHOP OCT '01 STATEMENT $15.24 CAPITAL SANITARY SUPPLY ICE MELT-LIBRARY &CITY $68.72 COMMERCIAL FEDERAL OCT '01 STATEMENT $3.04 STATEGRAMS KIDS CULTURE GRAMS MATERIAL $56.48 DALLAS COUNTY NEWS SUBSCRIPTION $33.00 DEMCO BOOK TAPE/MARKS &SPLICI $60.33 LABELS &LITERATURE RACK $74.43 AUDIO ALBUM/BOOK JACKET $95.98 DES MOINES WATER WORKS OCT '01 STATEMENT-115401 $66.98 ENSLOW PUBLISHERS INC MATERIALS $20.17 HIGHSMITH COMPANY SUPPLIES $219.34 OCT '01 COPIER IMAGINING TECHNOLOGIES MAINTENANCE $90.00 INGRAM LIBRARY SERVICES SEP '01 MARC RECORDS $32.09 BOOKS $8.82 BOOKS $9.44 BOOKS $16.49 BOOKS $6.59 BOOKS $16.50 BOOKS $60.41 BOOKS $31.27 BOOKS $161.20 BOOKS $44.40 BOOKS $36.23 BOOKS $45.00 BOOKS $120.01 BOOKS $46,87 BOOKS $55.24 BOOKS $7.19 BOOKS $8.97 BOOKS $15.90 BOOKS $3.59 BOOKS $47.93 BOOKS $40.76 BOOKS $2.99 BOOKS $14.16 BOOKS $10.59 BOOKS $14.72 BOOKS $15.93 600KS $14.72 BOOKS $7.77 3 KNOXVILLE PUBLIC LIBRARY MACK,L1NDA MID AMERICAN ENERGY MORRELL HEATING &COOLING MURPHY-PETERSEN,DEVON NETINS OFFICE DEPOT CRED PLAN SAGEBRUSH TECHNOLOGIES SAM'S CLUB TONNELLI,CHERYL TORGERSON,L1SA US POSTAL SERVICE WELLS FARGO-LIBRARY PETTY CA LIBRARY BUILDING PROJECT BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS CREDIT-BOOKS CREDIT -BOOKS CREDIT-BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS PUPPET ROTATION PROGRAM OCT '01 MILEAGE OCT '01 STATEMENT FURNACE SERVICE &FILTER OCT '01 MILEAGE OCT '01 INTERNET OCT '01 STATEMENT RECEIPT TAPE ocrNOV'01 STATEMENT NOV '01 STATEMENT OCT '01 MILEAGE POSTAGE STAMPS OCT '01 PETTY CASH FEH ASSOCIATES INC PARKS OCT '01 STATEMETN/CONSTR DALLAS COUNTY NEWS DES MOINES WATER WORKS GARDINER,DAN HAWKEYE TRUCK EQUIPMENT HEARTLAND CO-OP MOMAR OLSON BROTHERS PURCHASE POWER WAUKTOBER FEST ADVERTISI OCT '01 STATEMENT WAUKTOBER FEST CANDLES/R VEE PLOW OCT '01 STATEMENT-PUBLIC WEED KILLER OCT '01 STATEMENT POSTAGE 4 $19.20 $69.99 $13.20 $15.90 $6.46 $43.87 $9.41 $2.39 $14.82 $31.80 $3.59 $7.17 $5.37 $2.39 $15.31 $13.54 $8.97 -$26.57 -$6.59 -$8.97 $13.74 $29.48 $34.84 $29.50 $11.97 $50.00 $5.44 $225.62 $274.00 $13.60 $21.95 $391.88 $54.95 $48.29 $160.00 $25.84 $34.00 $122.45 $44,250.00 $665.00 $12.46 $30.05 $4,129.00 $674.32 $1,943.43 $10.00 $4.88 QWEST NOV '01 STATEMENT 987-97 $58.02 SUNCOM OCT '01 STATEMENT $50.60 OCT '01 STATEMENT $11.23 WASTE MANAGEMENT OF IOWA OCT '01 STATEMENT $251.82 WAUKEE HARDWARE &VARIETY OCT '01 STATEMENT $6.04 COMMUNITY CENTER MAT SERVICE-COMM ARAMARK UNIFORM SERVICES CENTER $54.88 CAPITAL SANITARY SUPPLY ICE MELT-COMM CENTER $34.36 SOLID WASTE COLLECTION & RECYCLING WATE MANAGEMENT OF IOWA OCT '01 STATEMENT $14,432.47 PUBLIC WORKS MAT SERVICE·PUBLIC ARAMARK UNIFORM SERVICE WORKS $34.40 CAPITAL SANITARY SUPPLY ICE MELT-PUBLIC WORKS $67.33 LASER QUIPT FAX REPAIR $49.95 OLSON BROTHERS OCT '01 STATEMENT $99.50 SUNCOM OCT '01 STATEMENT $50.60 WATER UTILITY BANKERS TRUST COMPANY WAUKWAT99-INTEREST $11,995.00 WAUKWAT99-FEES $150.00 DES MOINES WATER WORKS OCT '01 STATEMENT $15,828.85 OCT '01 STATEMENT $12.46 OCT '01 STATEMENT $202.35 OCT '01 STATEMENT $5.61 OCT '01 STATEMENT $16.45 WESTSIDE STORAGE FACILITY $29,457.66 HEARTLAND CO-OP OCT '01 STATEMENT-PUBLIC $148.40 MENARDS LUMBER $61.62 HEATERIWATERSLMN BLDG R $183.82 WATER SALESMAN BLDG REPA $9.48 WATER SALESMAN BLDG REPA $9.88 MUNICIPAL SUPPLY METROTECHLOCATOR $3,180.00 PLUMB SUPPLY COMPANY WATER LEAK REPAIRS $28.65 PURCHASE POWER POSTAGE $4.42 SUNCOM OCT '01 STATEMENT $50.60 OCT '01 STATEMENT $11.23 USA BLUE BOOK HYDRANT ADAPTER $20.28 WAUKEE HARDWARE &VARIETY OCT '01 STATEMENT $43.01 SANITARY SEWERS &TREATMENT FACILITY ALLIED SYSTEMS INC AUTODIALER $999.00 BANKERS TRUST COMPANY WAUKSEW99·PRIN &INTER $11,610.00 WAUKSEW11·99 -INTEREST $16,606.25 WAUKSEW11-99 -FEES $150.00 DES MOINES WATER WORKS OCT '01 STATEMENT $12.46 OCT '01 STATEMENT $348.15 OCT '01 STATEMENT $5.61 HEARTLAND CO-OP OCT '01 STATEMETN-PUBLIC $70.72 MID AMERICAN ENERGY NOV '01 STATEMENT $222.93 NOV '01 STATEMENT $239.69 5 PURCHASE POWER POSTAGE $2.27 SUNCOM OCT '01 STATEMENT $50.60 OCT '01 STATEMETN $11.24 UTILITY CONSULTANTS INC OCT '01 LAB TESTING $907.00 WAUKEE HARDWARE &VARIETY OCT '01 STATEMENT $45.26 GAS UTILITY 2002 APGA MEMBERSHIP AMERICAN PUBLIC GAS ASSOC DUE $718.00 CAPITAL SANITARY SUPPLY SPRAY BOTILES $5.16 TRIGGER SPRAYER $15.96 CIGMA LLC SERVICE RISERS $558.48 LEAK DETECTOR REP AI RS $173.46 DES MOINES WATER WORKS OCT '01 STATEMENT $12.47 OCT '01 STATEMENT $5.60 OCT '01 STATEMENT $16.45 HEARTLAND CO-OP OCT '01 STATEMENT-PUBLIC $390.54 IOWA ASSOCIATION OF MUNI GAS WORKSHOP $264.00 IOWA PIPELINE ASSOC INC GAS MAIN INSTALLATION $1,867.62 MID AMERICAN ENERGY NOV '01 STATEMENT $13.57 PLUMB SUPPLY COMPANY BLACK PIPE $72.59 PURCHASE POWER POSTAGE $2.72 QWEST OCT '01 STATEMENT 440-63 $36.60 SUNCOM OCT '01 STATEMENT $151.80 OCT '01 STATEMENT $11.24 US ENERGY SERVICES INC SEP '01 STATEMENT $450.56 OCT '01 STATEMENT $64,799.44 USA BLUE BOOK BALL VALVE LOCKOUT $115.01 WAUKEE HARDWARE &VARIETY OCT '01 STATEMENT $84.30 UTILITY BILLING DES MOINES WATER WORKS OCT '01 STATEMENT $4,960.00 STREETS DEPARTMENT AUTO GLASS CENTER TRUCK WINDSHIELD $154.47 BROWN SUPPLY CO INC FLASHING LIGHTS $478.44 CARGILL INC-SALT DIVISION BULK ICE CONTROL $811.60 BULK ICE CONTROL $775.42 BULK ICE CONTROL $1,600.32 CFI TIRE SERVICE GRADER TIRES $1,570.92 COATES MANUFACTURING CO SNOW PLOW REPAIRS $399.11 DES MOINES WATER WORKS OCT '01 STATEMENT $5.61 HEARTLAND CO-OP OCT '01 STATEMENT-PUBLIC $243.69 INTERSTATE BATIERY SYSTE BATIERY $131.90 IOWA DEPT OF TRANSPORTATE PLOW &GRADER BLADES $1,659.12 MOSS BROTHERS INC TRACTOR REPAIR PARTS $102.71 NAPA AUTO PARTS STORE CREEPER $49.99 OLSON BROTHERS OCT '01 STATEMENT $25.28 PRAXAIR CUTIINGGAS $36.01 PURCHASE POWER POSTAGE $3.65 R-WAY CONCRETE CONCRETE $1,039.50 CONCRETE $385.00 CONCRETE $1,155.00 CONCRETE $481.25 6 CONCRETE $577.50 CONCRETE $770.00 CONCRETE $847.00 SUNCOM OCT '01 STATEMENT $101.22 OCT '01 STATEMENT $11.23 SUPERIOR SIGNALS INC STROBE LIGHT LENS $67.20 VAN-WALL EQUIPMENT INC TRACTOR REPAIRS $14.88 TRACTOR REPAIRS $41.53 WAUKEE HARDWARE &VARIETY OCT '01 STATEMENT $110.19 OCT '01 STATEMENT $4.03 OCT '01 STATEMENT $109.92 GO DEBT SERVICE BANKERS TRUST COMPANY WAUK01B -INTEREST $29,782.50 WAUK94 -INTEREST $6,636.25 WAUK01A-INTEREST $27,300.50 WAUKG099-INTEREST $51,025.00 WAUKG093-INTEREST $662.50 WAUKG092-INTEREST $1,860.00 WAUK98-INTEREST $63,337.50 WAUK01B-FEES $100.00 WAUKEE01A-FEES $175.00 WAUKG092-FEES $150.00 WAUKG099-FEES $150.00 WAUKG093-FEES $150.00 WAUK98-FEES $150.00 WAUK94-FEES $150.00 TIF DEBT SERVICE BANKERS TRUST COMPANY WAUKTAX95-INTEREST $25,620.00 WAUKTAX95-FEES $150.00 SPECIAL ASSESSMENT DEBT SERVICE BANKERS TRUST COMPANY WAUKSTREET99-PRIN &IN $13,870.00 WAUKSEW5-93-PRIN &INT $6,095.00 WAUKSTREET99-FEES $300.00 WAUKSEWS-93-FEES $300.00 ADMINISTRATION ANE TECHNOLOGY SERVICES COMPUTER MAINENTANCE $162.50 BALANCE COMPUTERS & INST $2,408.87 COMPUTER MAINENTANCE $225.00 ARAMARK UNIFORM SERVICES MAT SERVICE -CITY HALL $54.35 CAPITAL SANITARY SUPPLY ICE MELT-LIBRARY 7 CITY $68.72 CARAVAN,AMBER CITY HALL CLEANING $100.00 CITY HALL &COUNCIL CLEAN $110.00 DALLAS COUNTY NEWS OCT '01 STATEMENT $2,440.28 DES MOINES WATER WORKS OCT '01 STATEMENT $296.00 OCT '01 STATEMENT $438.15 OCT '01 STATEMENT $20.21 OCT '01 STATEMENT $22.50 TRANSPORTATION POLICY IOWA CONCRETE PAVING ASSOC SE $45.00 MENARDS HEATERIWATERSLSMN BLDG R $24.89 7 MID AMERICAN ENERGY NOV '01 STATEMENT $215.29 NOV '01 STATEMENT $263.88 PURCHASE POWER POSTAGE $164.00 SUNCOM OCT '01 STATEMENT $50.60 TRIPLETT OFFICE ESSENTIAL WALL ORGANIZER $17.80 MINUTE BOOKIPAPER/PAPERC $195.07 WASTE MANAGEMENT OF IOWA OCT '01 STATEMENT $112.00 WAUKEE HARDWARE &VARIETY OCT '01 STATEMENT $2.59 FINANCIAL ADMINISTRATION BALANCE COMPUTERS & ANE TECHNOLOGY SERVICES INST $834.98 BURKHART,LINDA NOV '01 MILEAGE $92.81 NOV '01 MILEAGE & EXPENSES $18.10 DALLAS COUNTY NEWS OCT '01 STATEMENT $53.50 DENMAN &COMPANY LLP OCT '01 STATEMENT $1,000.00 PURCHASE POWER POSTAGE $284.57 COMMUNITY DEVELOPMENT DALLAS COUNTY NEWS OCT '01 STATEMENT $46.66 GUNDERSON,JODY NOV '01 EXPENSES $24.89 PURCHASE POWER POSTAGE $1.71 SUNCOM OCT '01 STATEMENT $50.60 CITY ATTORNEY OCT '01 UNION DICKINSON MACKAMAN TYLER NEGOTIATION $994.50 ZONING DEPARTMENT DALLAS COUNTY NEWS OCT '01 STATEMENT $71.64 ENGINEERING ANE TECHNOLOGY SERVICES BALANCE COMPTERS &INST $835.83 PURCHASE POWER POSTAGE $6.46 SUNCOM OCT '01 STATEMENT $50.60 TRIPLETT OFFICE ESSENTIAL HANGING FOLDERS $75.60 CALCULATOR $15.51 WAUKEE HARDWARE &VARIETY OCT '01 STATEMENT $5.67 GRAND TOTAL $550,158.21 CHECKS ISSUED PRIOR TO CO MTG NO DEPT ENTERED WESTGATE PARTNERSHIP GAS OEV REIMBURSE-WESTGA $3.752.18 PARKS WAUKTOBER FEST MICHAELS #3101 SUPPLIES $50.91 SANITARY SEWERS &TREATMENT FACI MANHOLE CVR USA BLUE BOOK LIFTER/ALGAE $140.86 STREETS DEPARTMENT JOHNSTON DIST CO INC REPAIR PARTS &SUPPLIES $19.87 REPAIR PARTS &SUPPLIES $96.00 REPAIR PARTS &SUPPLIES $11.62 REPAIR PARTS &SUPPLIES $24.40 REPAIR PARTS &SUPPLIES $100.22 REPAIR PARTS &SUPPLIES $48.83 8 REPAIR PARTS &SUPPLIES REPAIR PARTS &SUPPLIES REPAIR PARTS &SUPPLIES $96.84 $30.69 $39.68 GRAND TOTAL $4,412.10 PAYROLL 11/15/01 ARENTSEN,MARK J BAILEY JR,DONALD L BERGER,MARVIN 0 BOSWELL,KRISTIN A BREUER,GREGORY A BRUECKEN,ALYSSA J BURKHART,LINDA S CATHERINE PAARDEKOOPER DAGGEn,WILLIAM J DAVISSON,DELORES J DEZEEUW,DAVID S DODGE,JUSTIN 0 DOWELL,DENNIS 0 EFTPS LIFE INS PREM LUDWIGS,MICHAEL R MACK,LINDA M MAPES,TROY M MARCHANT,JOEY L MURPHY-PETERSEN,DEVON M OLSON,scon PAARDEKOOPER,CATHERINE PEARD,WILLIAM F PERKINS,LELAND E PHILLIPS,LARRY J POPP,SHAWN D RICHARDSON,ELIZABETH A LIFE INS PREM $1,925.04 $327.28 $88.53 $174.00 $1,231.48 $61.06 $1,258.90 $250.00 $898.00 $171.11 $1,119.23 $755.28 $1,171.69 $6,310.34 $6,572.88 $1,537.22 $829.07 $1,428.31 $880.54 $1,452.61 $92.22 $1,628.26 $550.65 $1,093.71 $100.00 $97.51 $345.81 $745.63 $400.00 $300.00 $55.34 $809.46 $948.11 $852.29 $941.41 $816.15 $811.94 $650.91 $88.53 $267.94 $1,538.45 $951.82 $898.29 FEDERAL FICA MEDICARE FORD,ELIZABETH A FREEMAN,BRADLEY W GENTOSI,MICHAEL P GIBSON,JOHN R GRUBER,NICHOLAS C GUNDERSON,JODY T HEIMANN,RONALD L HERRICK,ROBERT D JODY GUNDERSON JOHNSON,WAYNE M JONES,HARRY N KELLER,CHRISTOPHER M LELAND PERKINS 9 ROBINSON,CLINT H ROBINSON,KIMBERLY A ROYER,TIMOTHY L SCHETTLER,RODNEY A SCHMITT,MARK J SPENCER,ARTHUIR 0 SPENCER,JEFFREY A TIMOTHY ROYER TORGERSON,LISA A VANZEE,DIANNA L WATTS,MICHAEL L WEAVER,CHAD E WHITE,DANNY L WINTERS,TROY S WRIGHT,SCOTT A $171.80 $150.96 $1,042.55 $928.68 $257.66 $402.54 $806.76 $100.00 $616.92 $804.61 $88.65 $1,078.37 $1,005.48 $813.48 $711.24 GRAND TOTAL $52,406.70 (7)Mayor's Report:The minutes of November 5,2001 did not reflect the Mayor's comments on commercial permits,which are down 50%and are down substantially from the last two years. The Mayor also asked if the City needs to develop a policy to follow the IA DOT's rules on curb cuts and construction procedures for crossings such as the bike trail,which was shut down for a week.In effect,the policy would set forth the City's expectation that a copy of the IA DOT permit would be submitted before the City's permit for non IA DOT right-of-way construction would be granted.John Gibson indicated that we inspect the construction of exits and entrances off Highway 6 even in the IA DOT right-of-way so as to maintain the integrity ofthe highway. The Mayor would like a policy to reflect our expectations in this area on the next council agenda. (8)Resolution:Approving corrected petition ofvoluniary annexation/or Jim &Wanda M Coons,Art.J.Coons,William B.&Carolyn Chase,Robert E.&Kathie R.Carey and Dr. William G.&Mary M.Cross The previous voluntary annexation petition contained erroneous information as to legal description of some property and incorrect classification of another. Marvin Berger moved to approve.Mike Watts second Roll call:Ayes:Berger,Watts,Gruber, Peard,Johnson.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION NO.01-206 APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY AND PROVIDING A TRANSITION FOR THE IMPOSITION OF TAXES IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,State ofIowa,is a duly organized municipal corporation AND, WHEREAS,the City of Waukee,Iowa has received Applications for Voluntary Aunexations from the property owners of certain real estate under the ownership of said petitioners,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: LEGAL DESCRIPTION EXHIBIT "B" James E.and Wanda M.Coons,3344 Ashworth Road,Waukee,Iowa 50263 Arthur J.Coons,310 S 11th Street,Adel,Iowa 50003 Part of the Northeast Quarter of the Northwest Quarter (NE Y.NW Y.)of Section 10, Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,described as follows:Commencing at the N Y.comer of said section 10,thence Westerly along the North line of said NE Y.NW Y.,40.36 feet;thence South,parallel to the East line of said NE Y.,NW Y.,60.54 feet,to the point of beginning;thence South 40 feet West of and parallel to the East line of said NE Y.NW Y.829.8 feet more or less to 10 the North line of Interstate Highway 80;thence Southwesterly,along the North line ofl-80,657.4 feet;thence North,to the South line of Ashworth Road;thence Easterly,along the South line of Ashworth Road,542.93 feet to the point of begirming,said tract being the West 538 feet of the East 578 feet of the NE Yo NW Yo of said Section 10 lying North ofl-80 and South of Ashworth Road in Dallas County,Iowa,EXCEPT the West 269 feet of the East 578 feet of that part of Section 10-78-26,lying North of the North right of way line oflnterstate Highway No.80 and South of Ashworth Road. William B.and Carolyn Chase,3350 Ashworth Road,Wankee,Iowa 50263 The Southwest Quarter of the Southeast Quarter (SW Yo SE Yo)of Section 3, Township 78 North,Range 26 West of the 5'h P.M.,Dallas County,Iowa,EXCEPT Interstate 1-80 and relocated North Sonth Section Road and EXCEPT commencing at the Southwest corner of the Southeast Quarter (SE Yo)of said Section 3,thence North 10 rods,thence East 13 rods,thence South 10 rods,thence West 13 rods to the point of beginning,subject to established highways, The Northwest Quarter ofthe Northeast Quarter (NW Yo NE Yo)of Section 10, Township 78 North,Range 26 West of the 5"'P.M.,Dallas County,Iowa,lying South of Ashworth Road and relocated Ashworth Road and North of Interstate 1-80, subject to established highways,EXCEPT a parcel of land deeded from the State of Iowa to Charles S,Crook,Jr.,and Gertrude N.Crook,dated Jnne 8,1978 and filed for record in the Dallas County Recorder's Office on June 15,1978 and recorded in Book 549,at Page 640. Robert E.and Kathie R.Carey,3340 Ashworth Road,Waukee,Iowa 50263 The West 269 feet of the East 578 feet of that part of Section 10,Township 78 North, Range 26 West of the 5th P.M.,Dallas County,Iowa,lying North of the North right of way line of Interstate Highway No,80 and South of Ashworth Road. Dr.William G.aud Mary M.Cross,3609 Brookview Dr.,West Des Moiues,Iowa 50265 Beginning at the Northwest Corner of the Northeast Quarter of the Northwest Quarter (NE Yo NW Yo)of Section 10,Township 78 North,Range 26 West of the 5th P.M.,thence North 82°31'East 480.00 feet along the North line of said section, thence South 00°03'East 568.00 feet,thence South 82°31'West 480.00 feet to the West line of the Northeast Quarter of the Northwest Quarter,thence North 00°03' West 568,00 feet to the point of beginning;containing 15.32 acres including 0.37 acres of road right of way. WHEREAS,such property collectively adjoins the City as required by Chapter 368,Code oflowa,2001,AND, WHEREAS,all notification has been carried out pursuant to Chapter 368,Code oflowa,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,on March 20,2000,the City Council adopted a policy,pursuant to Section 368.7(2)of the Iowa Code, to provide a transition for the imposition of City taxes to properties taxed and ntilized as residential properties within an annexation area (the "Annexation Policy"),AND, WHEREAS,the following described properties are taxed and ntilized as residential properties,and are included in the area to be annexed under the Annexation Resolntion: PROPERTIES TAXED AND UTILIZED AS RESIDENTIAL PROPERTIES EXHIBIT "C" James E.and Wanda M.Coons,3344 Ashworth Road,Wankee,Iowa 50263 Arthur J.Coons,310 S nth Street,Adel,Iowa 50003 Part of the Northeast Quarter of the Northwest Quarter (NE Yo NW Yo)of Section 10, Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,described as follows:Commencing at the N Yo corner of said section 10,thence Westerly along the North line of said NE Yo NW Yo,40.36 feet;thence Sonth,parallel to the East line of said NE Yo,NW Yo,60.54 feet,to the point of beginning;thence South 40 feet West of and parallel to the East line of said NE Yo NW Yo 829.8 feet more or less to the North line of Interstate Highway 80;thence Southwesterly,along the North line ofl-80,657.4 feet;thence North,to the South line of Ashworth Road;thence Easterly,along the South line of Ashworth Road,542.93 feet to the point of 11 beginning,said tract being the West 538 feet of the East 578 feet of the NE Y.NW Y. of said Section 10 lying North ofl-80 and South of Ashworth Road in Dallas County,Iowa,EXCEPT the West 269 feet of the East 578 feet of that part of Section 10-78-26,lying North of the North right of way line of Interstate Highway No.80 and South of Ashworth Road. William B.and Carolyn Chase,3350 Ashworth Road,Waukee,Iowa 50263 The Northwest Quarter of the Northeast Quarter (NW Y.NE Y.)of Sectiou 10, Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,lying South of Ashworth Road and relocated Ashworth Road and North of Interstate 1-80, subject to established highways,EXCEPT a parcel of land deeded from the State of Iowa to Charles S.Crook,Jr.,and Gertrude N.Crook,dated June 8,1978 and filed for record in the Dallas County Recorder's Office on June 15,1978 and recorded in Book 549,at Page 640. Robert E.and Kathie R.Carey,3340 Ashworth Road,Wankee,Iowa 50263 The West 269 feet of the East 578 feet ofthat part of Section 10,Township 78 North, Range 26 West of the 5th P.M.,Dallas County,Iowa,lying North of the North right of way line of Interstate Highway No.80 and South of Ashworth Road. WHEREAS,pursuant to the Annexation Policy and Section 368.7(2)of the Iowa Code,it is appropriate to provide a transition for imposition of City taxes in accordance with the following formula,as set forth in Section 427B.3(1- 5)ofthe Code ofIowa:75%for the first year,60%the second year,45%the third year,30%the fourth year,and 15%the fifth year. NOW THEREFORE,the City Council of the City of Waukee does resolve as follows: SECTION 1.The Applications for Voluntary Annexation are hereby approved and said properties described in Exhibit "B"shall be annexed to the City of Waukee,Iowa,in accordance with Chapter 368,Code of Iowa,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 anthorized 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 oflowa. SECTION 3.A transition for imposition of taxes shall be proved to the above-described residential properties pursuant to the formula set forth in Section 427B.3(1-5)of the Code oflowa,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 November 19,2001. 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 J ohnson X (9)Public Hearing:On changing the names of Third Street,Locust Street and Windfield Parkway to one common name,Windfield Parkway,and changing the numbering of Third Street to reflect the existing Waukee numbering system The Mayor opened the public hearing.No written comments were received.Three individuals expressed opinions prior to the meeting:two against and one for the change.The Mayor indicated that he had really no objection to changing Locust Street to Windfield Parkway but he had a problem with changing Third Street to Windfield Parkway because it would be somewhat confusing and a burden on the homeowners there.He feels that Third Street because it runs north and south,lines up with the Third Street south of the tracks and is numbered according to the Waukee numbering system and,therefore, would not need to be changed.He understands from the information provided that there may 12 have been some difficulty in locating an address on Third Street but he is fairly confident that our EMS and Fire Department are aware of where Third Street changes from the north of the railroad tracks to the south of the railroad tracks.John Gibson indicated that the police chief and the fire chief had both requested the change from Third Street and Locust Street to Windfield Parkway.Mary McCoige,Hannah Wiles and Francis Forret entered comments for the record against changing Third Street to Windfield Parkway.Jane Coon,135 Windfield Parkway, inquired as to whether the numbers would be changed on Windfield Parkway.They will not be changed.Further discussion included locations of potential problem sites throughout the older and newer parts of Waukee,future sites selected for proposed changes,reason for starting the process of changing the street names now,when and how Windfield Parkway received its name, difficulties and inconveniences of changing addresses.Mike Watts indicated he supported the change of street name from Locust to Windfield Parkway but not the change of Third to Windfield Parkway.Wayne Johnson inquired as to whether we were requiring all of the north/south streets to be numbered in the newer developments in the future.Mark Arentsen indicated that we weren't currently.John Gibson indicated the Fire Chief was probably the driving force for the review of current street names and the changes proposed.His volunteers are unfamiliar with the streets and do not drive them frequently enough to learn where they are. The proposed change excluding Third Street was requested by the Mayor at the behest of a citizen of the community.Nick Gruber indicated that because of the growth of the City we should stick with the four quadrants.We have a zero grid and should go with the NE,SW,NW, SE and place that designation on the streets.The Mayor indicated that the staff has been directed to follow that designation in the newer portions of the City.The Mayor indicated that when closing the public hearing he would ask the Council to support changing Locust Street to Windfield Parkway and leaving Third Street alone.At this time the Mayor closed the public hearing. (lO)Resolution:Approving the changing of the names of Third Street,Locust Street and Windfield Parkway to one common name,Windfield Parkway,and changing the numbering of Third Street to reflect the existing Waukee numbering system Mike Watts moved to approve the change in street name from Locust Street to Windfield Parkway and not change Third Street to Windfield Parkway and not change the numbering of Third Street.Wayne Johnson second.Roll call:Ayes:Watts,Johnson,Gruber,Berger,Peard.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-207 APPROVING THE CHANGING OF THE NAME OF LOCUST STREET AND WINDFIELD P ARKW AY TO ONE COMMON NAME,WINDFIELD PARKWAY IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the original name change was submitted to the City Council in January of this year AND, WHEREAS,the need to ensure an efficient and timely response time to emergency calls has not changed AND, WHEREAS,the confusion resulting from the names of two streets,which run one into the other still remains AND, WHEREAS,the Council wishes to provide each of its citizens with the best EMS,Fire and Public Safety response time available, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 19th day of November 200 I that it hereby approves the changing ofthe name of Locust Street and Windfield Parkway to one courmon name,Windfield Parkway. Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE Nicholas C.Gruber X Marvin Berger X NAY Donald L.Bailey,Jr.,Mayor ABSENT 13 Bill Peard X Mike Watts X Wayne Johnson X (ll)PubIic Hearing:On Ordinance rezoning lots 8,9 and 10 of Walnut Ridge Subdivision from A-I (Agricultural District)to R-l (Single-Family Residential District)The public hearing was opened.We haven't received any written comments.Carolyn Chase,an owner oflots 8,9 and 10 was present to indicate their desire to rezone lot 10 to R-I to allow construction of a home on that lot.There is an existing home on lot 8.Beth Richardson,Assistant Code Compliance Officer,suggested doing all three lots so as to be consistent with the neighborhood.We have signatures of the surrounding neighbors supporting this change.No other comments were received and the public hearing was closed by the Mayor. (12)Ordinance:An Ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by rezoning and changing certain property therein from A-I (Agricultural District)to R-l (Single-Family Residential District);and amending the Official Zoning Map to show the rezoning.Bill Peard introduced the Ordinance.Mike Watts moved to have the first reading in title only.Nick Gruber second.Roll call:Ayes:Watts, Gruber,Berger,Johnson,Peard.Nays:None.Motion carried 5 -O.Nick Gruber moved to waive the 2nd and 3rd readings.Bill Peard second.Roll call:Ayes:Gruber,Peard,Walts,Berger, Johnson.Marvin Berger moved to place the ordinance on its final passage.Bill Peard second. Roll call:Ayes:Berger,Peard,Johnson,Gruber,Watts.Nays:None.Motion carried 5 -O.The Mayor declared the Ordinance passed and duly adopted. ORDINANCE NO.2359 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNlClP AL CODE,ZONING ORDINANCE OF THE C1TY OF WAUKEE,lOW A,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-1 (AGRlCUL TURAL DlSTRlCT)TO R-1 (SINGLE FAMILY RESlDENTlAL DlSTRlCT);AND AMENDING THE OFFIClAL ZONING MAP TO SHOW RE-ZONlNG. BE IT ORDAINED by the Council of the City of Waukee: Section 1.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City, adopting the Official Zoning Map,is hereby amended by changing the following described real estate from A-1 (Agricultural District)to R-I (Single Family Residential District),and that the Official Zoning Map be made to reflect such amendment. Lots 8,9 and 10,Walnut Ridge,an official plat,City of Waukee,Dallas County, Iowa,Section 36,Township 79N,Range 26W 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 19"day of November 2001,and approved this 19"day of November 2001. 14 Donald L.Bailey,Jr.,Mayor Attest: Mark 1.Arentsen,City Clerk!Administrator (13)Resolution:Accepting Reap Grant Wayne Johnson gave the history of how this project developed. "This issue came before the park board.It started out with an initial interest to allow Waukee to purchase some land to become a park.So the Park Board took that as an unexpected gift and told the City that it was ok to seek a REAP Grant so that the City could make an offer to the interested party.This is part of the process where we put together the funding package that is necessary to acquire the land.This is different from a private situation where the funding package is put together and presented behind closed doors.There have been several other meetings as part of this proposal.Mike Watts and I met with a particular property owner regarding another issue.During these conversations the proposal for the property in the REAP Grant came up.Discussions with the property owner occurred.Issues such as condenmation were discussed.Wayne Johnson's response to the landowner is the same as then.The City applied for the REAP Grant to purchase the property concerned.We received an approval for a portion of the properties out there.The REAP process is such that you have to define the parameters of where you're going to purchase this land based on the parameters given to you for that REAP Grant.It has to be understood that the REAP Grant does not apply to all the property that the City could/could not make an offer on. At that time all of this was unknown.We did receive an approval of the REAP Grant for $100,000.The Park Board met last night.A lengthy discussion occurred,in which the Board members had lots of opportunity to discuss with the land owner his desire to not sell the property right now.Discussion also included the repercussions,if any,of returning the REAP Grant without accepting it and what direction the City is looking for park or bike trail expansion.The discussion was not centered around condenmation.It was on the REAP Grant.During the course ofthe discussion there was a serious allegation made by one of the board members that two of the Board members had a conflict of interest regarding this. That allegation was that two of the park board members live on Park View; therefore,they have a conflict of interest because they are trying to get a bike trail in the 25 foot right-of-way that would be between their property and where University Avenue falls and that,therefore,they want to go after the Conn property for that particular interest and that that is a conflict.If in fact this allegation is true,I would ask the Mayor to remove me from the Park Board because I am one of those individuals who lives on Parkview.During the discussion it was suggested that the Board table the item.I as the Chairman called for the vote because I did not feel the Board was a legislative board with the power to withhold items from the Council but rather a recommending board for issues submitted to the Council.The Board did take a vote.As the Chairman of the Board I cannot vote and,therefore,did not vote on this issue.The other 15 person living on Parkview was not present and,therefore,did not vote on the issue.The vote was to accept the REAP Grant Five members voted for the acceptance of the REAP Grant.Two voted against.I hope that negotiations will proceed.I do not feel that condenmation is the way to acquire the land unless the use of that land is going to be gone forever and it is the City's last chance to take a stab at it.But,the ability to negotiate is something I feel the City should pursue, if at all possible." The Mayor had two questions,one of which had to do with where University Avenue would lie, if extended through to Sixth Street.Mik Briedis,Jolin Gibson and Wayne Johnson addressed that question.It would lie approximately 50%on Kurt Schade's property and 50%on the property to the south.It could be developed and meet all of the requirements necessary for its construction.The second question dealt with the bike trail.Mr.Johnson indicated that he did not want the REAP Grant associated with the Bike Trail.The Bike Trail can be negotiated with the current owner or with any future owner and built on the existing sewer easement regardless of whether the REAP Grant is accepted.The Mayor went on record as being concerned with the acceptance of this grant because he foresees the possibility of using City funds on top of State funds to pursue the purchase of this land and development of the park area when the biggest area of need seems to be land for soccer,baseball,softball fields.The expenditure for the above property might preclude or postpone the purchase of land for these recreational activities.Jay Oxenford requested that this issue be returned to the Park Board because the Board members were under the erroneous assumption that to decline this REAP Grant would hinder the approval of any City request for funds in the future.Jay contacted a grant administrator in the State to find out if turning down the REAP Grant at this time would effect future awarding to the City.She indicated that future funding approval does not effect the City's chances from year to year.She based her comment somewhat on there being different people reviewing the grant applications each year.Mr.Johnson indicated that even after the vote,Board members questioned if the funds could be turned down.Chad Weaver stated that the funds can be returned to the State at any time because negotiations can fall through at any time.Mr.Oxenford also indicated that Mr.Conn was at the Park Board meeting and at four different times said he was not interested in selling his property.Mr.Johnson explained that in his mind the issues of the REAP Grant and Mr.Conn selling his property are separate.Mr. Johnson went on to say that the acceptance of the REAP Grant maintains the opportunity to pursue the purchase of the property."If the City can't come to an agreement with Mr.Conn,it never comes before the City Council to have a vote on whether to purchase his property.That hasn't even started to occur yet much less anything nearing a condenmation proceeding."Mr. Johnson stressed the need for the City to pursue all funding available to them so as not to absorb the total cost of any project.Application and acceptance of the REAP Grant had to occur before proceeding with further discussion of the acquisition ofland from Mr.Conn.Mike Watts questioned whether the grant could be applied to any other piece of property.Mr.Johnson said it was specific to this property and could only be changed in size or number of acres purchased. Mr.Watts also inquired ofMr.Conn,ifhe stated at any time that he wanted to sell his property. Mr.Conn said that he would sell all of his property but would not sell a portion of that property. Mr.Arentsen said he had asked Mr.Conn about the sale of his property in two separate instances.In both ofthose instances Mr.Conn indicated he would sell all of his property and not a portion of it.Mr.Arentsen also asked for the price and was never given a price for the property.In addition Mr.Conn indicated that at this time,he was not interested in selling any 16 of the property.Mr.Arentsen wanted to be sure the Council realized that in the comprehensive plan the area between the library and St.Boniface is designated as a park.Mr.Watts indicated that he felt future grants ofthis type should require a formal agreement between buyer and seller prior to the submission of the grant application.Mr.Gunderson indicated that that might require a real estate appraisal of the property meaning an investment of several thousand dollars before submission of the grant where there isn't a guarantee that the grant would be awarded. Mr.Gruber interjected that the grant should be accepted now and Mr.Peard moved to approve the acceptance ofthe REAP Grant with no attachments.Before the Mayor asked for a second to this motion,he indicated that Kurt Schade wanted to address the Council concerning his property,which lies adjacent to Mr.Conn's property.Kurt Schade indicated that he came before the Council as a very frustrated land owner and future potential developer trying to deal with the City of Waukee.In 1994 Mr.Conn and his wife purchased13 acres ofland at the comer of Ashworth and Warrior Lane and were planning to build a home on the acreage.At the time the City administration had indicated that there wouldn't be any problem with sewer and well inspection.Five years later when they were close to paying off the five year contract on the property,they inquired of the current City administration to apply for the well and septic permits and was told by the City that what he and his wife envisioned was not good long term use of the land,which Mr.Schade indicated he does recognize now.Mr.Schade continued by reading a letter to the Council explaining his unhappiness with the City of Waukee and the reasons for that unhappiness. Mr.Schade indicated that (I)he had sold the land to the Library at a reduced rate in a good faith effort to benefit the City even though he hadn't any real intention to sell the land.He also forgave an additional $12,500 at the time of closing;(2)In 1997 a contractor burying a sewer line went through his property creating a clay hard pan area,which is eroding into the creek.He asked the City to contact the contractor to correct the problem and was told the contractor and the city had already signed off on the property.He was disappointed that lhe City had not'· notified him to make sure everything was ok before the money was released;(3)Not able to build on that land as per the City's request,Mr.Schade began to look at other ways to develop this piece of property.His original goal was to create something that he could give to his three sons in remembrance of him.In the Spring of2001,he formalized plans for the property and presented those to the City.He and two other individuals,one an architect,visited with Mark Arentsen and J ody Gunderson.Even though they sensed resistance on the part of the City to the changes that were envisioned,they presented their plans to the Planning and Zoning Committee. After receiving a favorable response from the committee and outside the door of the Council Chambers they were met by J ody Gunderson who assured the three of them that to spend money and time anticipating a change of zoning on this property was in his opinion a waste of money; (4)In late spring as a result of water problems in the basement of the Catholic Church,water was diverted down the ditch.Doing so has eroded the approach to Mr.Schade's property.Mr. Schade asked John Gibson about the situation and was told that the City would put in a larger tile to correct the problem.This has not been done.In September,when Mr.Gibson was approached about this problem again he indicated that the City was going to make major improvements to Warrior Lane and would be deferring the correction of the approach so that it could be part of that project;(5)Mr.Schade was not notifed of the Park Board meeting even though the meeting had a major impact on him because he owns some of the land being discussed;(6)In addition after visiting with John Gibson about a hydrant on his ground,he was told he would need a meter and should contact Bob McKinney to take care of it.According to 17 Mr.Schade,Mr.McKinney said that he was told that the installation of a hydrant on Mr. Schade's property would now require a "fancy building with a light on it;"(7)Friday oflast week,he was informed by Mark Arentsen that the City had received approval from the DNR to pursue acquisition ofthe back part of his land.He informed Mr.Arentsen that perhaps he should contact an attorney and was told that to do so was his prerogative;(8)He was not informed that the Catholic Church was being built south of his property.He has since found out that he couldn't do anything about the church being built next to him;however,the church once built restricts what he can do with his property.He is very disheartened by the City's actions and feels he can no longer trust the City.However,in closing if the City wants the back portion of his property he wants to know if they are willing to pay what he feels the value of his property is.He doesn't have any plans for the back portion of his grounds. David Conn also indicated that he contacted the DNR about the grant and John Gibson's statement that there would be no way the City could get a grant once they turned down this one. Mr.Conn thinks the Park Board was swayed by that.Chad Weaver indicated that he had talked with the same DNR representative after Mr.Conn had talked with him and found that you can return the grant;however,it can negatively influence future grant applications in that individuals are only human and view the return of a grant as a negative response rather than a positive one.Mark Arentsen was asked what he thought the City should do and indicated that the City should accept the grant.As a final question,Mayor Bailey asked whether the purchase of the 80 acres for baseball/softball diamonds,soccer fields could replace the purchase ofthe area for the park and bike trail.Chad Weaver indicated that the REAP Grant is from the Resource Enhancement Protection program.The purpose of this program does not cover athletic fields or improvements to grounds.It is meant to maintain the environment,to preserve what is already present naturally and to enhance the natural surronndings for recreational purposes.Turning in the $100,000 from this application would not benefit our chances to get a grant for athletic fields because REAP does not fund those kinds of improvements.Mr. Johnson described other grant applications for park and recreation improvements that Mr. Weaver and Mr.Gunderson have pursued.Mr.Gruber indicated that he would prefer to be cautious and discuss this issue further and seconded the motion made by Bill Peard to accept the REAP Grant.Roll call:Ayes:Peard,Gruber,Johnson,Berger,Watts Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-208 ACCEPTING REAP GRANT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee strives to provide adequate parklaud for its citizens AND, WHEREAS,the City of Waukee has applied for,and received aDNR REAP Grant in the amount of$lOO,OOO which the Park Board has voted to accept AND, WHEREAS,the City of Waukee may use this money to acquire park space across Warrior Laoe from Centennial Park AND, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 19th day of November 2001 that it hereby accepts the DNR's $100,000 REAP Grant. 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 NAY ABSENT 18 Wayne Johnson X (14)Resolution:Approving Concept Plan/or Triangle Redevelopment Mik Briedis gave an update of the progress on Sixth Street and the Triangle Park Redevelopment.We have met with the downtown property owners a couple of times and have expanded the scope of work to include everything from Ashworth Drive to Locust Street as a single project and to do the area in parts.The concept presented to the Council would have angle parking on the west side ofthe roadway,parallel parking on the east side of the roadway and expanding Triangle Park by approximately 80%.Currently there are about 6,300 sq.feet of park but by coming to the west into Sixth Street and to the south,the square footage increases to 11,700 sq.feet.As part ofthe initial project,the outlines of the park would be defined and reconstruction of Sixth Street would take place.It would not include a major redevelopment of the park.The bump outs and the intersections would be brick.The light standards for the downtown would enhance the theme of the area.The center line of Sixth Street would bump over a little bit to the east in order to make everything work.Whatever we do,the two blocks downtown would be consistent.Water and electrical hook-ups would be included in the Park area for different events.Mr.Briedis indicated that it would be good to begin discussing what the City would like to do within the park such as location of flower beds,walkways,buildings.Development of the park itself would help give direction as to where to lay a sprinkler system,ifthat were wanted.Joe Schmidt asked about the sewer and water lines in terms of capacity and condition.Mr.Briedis indicated that review of those pipes revealed that they were in good condition.Improvements would be mostly in increasing the number of drainage areas and replacing a water main.Construction will take the. better part of a season.The project will be split into a phased construction so that half of the parking would be maintained at anyone time and access would be reduced to one side or the other.It would be possible to include a no excuses early completion date incentive.This would include liquidated damages $500 per day beyond the completion date.Mike Watts suggested talking with the Co-op to determine if parking could take place east of their building during the summer months.If so,this would help to alleviate some of the parking shortage in the downtown area during construction.Mark Arentsen indicated the City would pursue his suggestion.Mik Briedis said they would anticipate how a contractor would work on the project and construct the time frame around that so as to avoid setting an unrealistic completion date. Ron Olson asked about improving Walnut Street.That street is not included in this project;but will be reviewed for future projects.Mr.Paul Huscher requested that the angle of parking in Adel be checked because it is easier and safer to pull out of a parking space in Adel than currently in Waukee.Lynn Schafer of Classic Florists interjected that the concern ofthe vast majority of business owners in the Triangle Park downtown area was the number of parking spaces that would be lost in the reconstruction.Parking is at a premium in the area and must be maintained as much as possible.The current plan has a net loss of eight parking spaces compared to the current number.Jerry Crow questioned the value and purpose of changing the downtown triangle area,the cost,the funding sources.Mik Briedis indicated the budget was $650,000.Funding came from TIF Funds.Mr.Briedis also indicated this project by itself will not make the businesses successful.It will,however,enhance the area and invite people into the area.The business owners will have to improve their properties and provide goods and services which invite people to come in.Lynn Shafer,Mike Watts and Bill Peard responded to Mr. Crow's concerns.Lynn Shafer attended a Mainstreet Program and indicated that she felt very good about what was happening in the downtown area in Waukee.Mik Briedis indicated that the downtown business owners would like a "significant"sign on Highway six directing traffic to the downtown business areas.Mike Watts indicated that the City also needs to inspect the 19 buildings prior to construction so that the City can record before and after construction damage to the foundations of buildings.Mik Briedis said that with business owners permission,the City Inspector would go in with a video camera to verify the current cracks and also structural abnormalities.Mike Watts moved to approve the concept plan for the Triangle redevelopment. Nick Gruber second.Roll call:Ayes:Watts,Gruber,Peard,Johnson,Berger Nays:None Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-209 APPROVING THE TRIANGLE REDEVELOPMENT CONCEPT PLAN IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee recognizes the importance of the Triangle area to the city At"lD, WHEREAS,the City of Waukee has contracted with Veenstra &Kimm to create a plan to redesign certain elements of 6th Street between Ashworth and Walnut,inclnding Triangle Park AND, WHEREAS,numerous meetings have been held to provide business and property owners,as well as residents, ample input AND, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session tbis 19th day of November 2001 that it hereby approves the Triangle Redevelopment Concept Plan. 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 BillPeard X Mike Watts X Wayne Johnson X (15)Resolution:Approving Change Order #7 for the 2001 Sidewalk Improvement Project Marvin Berger moved to approve the change order for the 2001 Sidewalk Improvement Project. This change order does not reflect an increase of charges to the City as the property owner is paying the cost of replacement ofthe sidewalk.Marvin Berger moved to approve.Bill Peard second.Roll call:Ayes:Berger,Peard,Watts,Johnson,Gruber.Nays:None.Motion carried 5 -0. THE CITY OF WAUKEE,IOWA RESOLUTION 01-210 APPROVING CHANGE ORDER #7 2001 SIDEWALK IMPROVEMENT PROJECT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee awarded the contract for the 2001 Sidewalk Improvements to Marker Services, Inc.AND, WHEREAS,the homeowner at 420 Gray has requested the City to remove and replace 8 feet of sidewalk;AND, WHEREAS,the homeowner will reimburse the City,at contract price,the amount of$145.50;AND, WHEREAS,Marker Services has agreed to do the work; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session tbis 19th day of November 2001 that it hereby approves Change Order #72001 Sidewalk Improvement Project. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE Nicholas C.Gruber X Marvin Berger X BillPeard X Mike Watts X Wayne Johnson X NAY ABSENT 20 (16)Resolution:Approving Final Pay Estimate for the 2001 Sidewalk Improvement Project, Phase 1I The payment to the contractor will finalize the project with the exception of the 10% retainage and the bond.Mike Watts moved to approve.Bill Peard second.Roll call:Ayes: Watts,Peard,Berger,Johnson,Gruber.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-211 APPROVING FINAL PAY ESTIMATE FOR 2001 SIDEWALK IMPROVEMENT PROJECT PHASE II IN THE AMOUNT OF $13,860.05 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee awarded the coutract for the 2001 Sidewalk Improvements Phase II to Marker Services,Inc.;AND, WHEREAS,Marker Services,Inc.haviug completed the project is requesting final payment;AND, WHEREAS,City Staff has reviewed the project and finds it to be completed;AND, WHEREAS,City Staff recommends payment with 10%retainage; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 19th day of November 2001 that it hereby approves the final pay estimate to Marker Services,Inc.in the amount of $13,860.05 for the 2001 Sidewalk Improvement Project Phase II. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marviu Berger X Bill Peard X Mike Watts X Wayne Johnson X (17)Resolution:Approving Pay Estimate #1 for the Library Site Work This includes some of the concrete work and totals $86,453.00.Marvin Berger moved to approve.Bill Peard second. Roll call:Ayes:Berger,Peard,Watts,Johnson,Gruber.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-212 APPROVING PAY ESTIMATE #1 FOR THE PUBLIC LIBRARY SITE WORK IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,McAninch was awarded the bid to complete the Library site work this Fall on September 24,200 I AND, WHEREAS,McAninch has completed work totaling approximately 55%ofthe overall cost of the site work AND, WHEREAS,John D.Karmann,AlA,ofFEH Associates,Inc.has reviewed the work completed and approved the pay request NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 19th day of November 2001 that it hereby approves pay estimate #1 for the Public Library Site Work. 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 (18)Resolution:Approving purchase of two 2002 pickups The Mayor questioned the add-ons to the trucks.John Gibson explained the difference among the various bids.Bill Peard moved to approve.Marvin Berger second.Roll call:Ayes:Peard,Berger,Watts,Johnson,Gruber.Nays: None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA 21 RESOLUTION 01-213 APPROVING PURCHASE OF TWO 2002 CHEVROLET PICKUPS FROM KARL CHEVROLET IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the Waukee Public Works Department,in accordance with the vehicle replacement program,desiring to update its pickup fleet;AND, WHEREAS,the Public Works Department having requested bids for two 2002 pickup;AND, WHEREAS,after review of submitted quotes,staff recommends purchasing the two pickups from Karl Chevrolet in the amount of$43,218.00; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 19th day of November 2001 that it hereby approves the purchase of two 2002 Chevrolet pickups from Karl Chevrolet in the amount of$43,218.00. 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 BillPeard X Mike Watts X Wayne Johnson X (19)Resolution:Authorizing Notice of Call to Redeem Outstanding Special Assessment on May 1993 Hickman Road Trunk Sewer Bond Dorsey and Whitney prepared the resolution.There is money available within the Special Assessment Fund to pay both of these items in full. Additional funds remaining in this account were derived from earned interest.Further research will determine whether these funds can be used to payoff one other special assessment in the Sewer Fund.If not the funds will revert to the Debt Service Funds.Nick Gruber moved to approve.Bill Peard second.Roll call:Ayes:Gruber,Peard,Berger,Johnson.Nays:None. Unavailable:Watts.Motion carried 4 -0 -1. RESOLUTION NO.01-214 &01-215 Resolution providing for prepayment of $15,000 Special Assessment Sewer Improvement Notes (Hickman Road Trunk Sewer Project),dated May I,1993,and $70,000 Special Assessment Street Improvement Notes (1997 Street Improvements and Cherry Street Improvements Project),dated March I,1999 WHEREAS,$101,000 Special Assessment Street Improvement Notes,dated March 1,1999 (the "1999 Notes"),were issued by the City pursuant to a resolution passed and approved on March 1,1999,under which the right was reserved to the City to call and prepay all of the Notes scheduled to mature in each of the years 2000 to 2008,inclusive,prior to their maturity as a whole or from time to time in part,on or within 45 days after December 1 in each of the years 1999 to 2007,inclusive,on terms of par and accrued interest,provided notice is given by mailing written notice by certified mail,retnru receipt requested,to each of the registered owners of the Notes to be redeemed at the addresses shown on the City's registration books,not less than 30 nor more than 60 days prior to the date set for such redemption and prepayment;and WHEREAS,$135,000 Special Assessment Sewer Improvement Notes,dated May I,1993 (the "1993 Notes"and together with the 1999 Note the "Notes"),were issued by the City pursuant to a resolution passed and approved on May 24,1993,under which the right was reserved to the City to call and prepay all of the 1993 Notes scheduled to mature in each of the years 1994 to 2002,inclusive,prior to their maturity as a whole or from time to time in part,on or within 45 days after December I in each of the years 1993 to 2001,inclusive,on terms of par and accrued interest,provided notice is given by mailing written notice by certified mail,return receipt requested,to each of the registered owners of the 1993 Notes to be redeemed at the addresses shown on the City's registration books,not less than 30 nor more than 45 days prior to the date set for such redemption and prepayment;and 22 WHEREAS,the City has sufficient funds on hand and this Council has determined to call and prepay $70,000 of such 1999 Notes currently outstanding,being the 1999 Notes scheduled to mature in each of the years 2002 to 2008 in the aggregate principal amount of $70,000 and has determined to call and prepay $15,000 of the 1993 Notes currently outstanding,being the 1993 Notes scheduled to mature in the year 2002,in the aggregate principal amount of$15,000;and WHEREAS,prior to calling the aforementioned Notes for redemption,provision must be made for giving notice thereof; NOW,THEREFORE,Be It and It Is Hereby Resolved and ordered by the City Council of Waukee,Iowa, as follows: Section I.The Notes in the total aggregate principal amount of $85,000,and scheduled to mature on December I of 2002 through 2008 as stated above shall be called for redemption and prepaid as of December 20, 2001 on terms of par and accrued interest to such date of prepayment. Section 2.Bankers Trust Company,N.A.,Des Moines,Iowa (the "Registrar"),is hereby authorized and directed to give notice of such redemption by mailing written notice by certified mail,return receipt requested, to each of the registered owners of the Notes to be redeemed at the addresses shown on the City's registration books, not less than 30 nor more than 45 days prior to the date set for such redemption and prepayment,as provided in the resolutions authorizing the issuance of the Notes.The notice shall be in substantially the following form: Approved and passed this 19th day of November 2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk Resolution 01-214 ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson Resolution 01-215 AYE X X X NAY UNAVAILABLE X X ROLL CALL VOTE AYE NAY UNAVAILABLE Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (20)Resolution:Authorizing Notice to Call to Redeem Outstanding Special Assessment on March 1999 Street Improvement Bond Nick Gruber moved to approve.Bill Peard second.Roll call:Ayes:Gruber,Peard,Berger,Johnson,Watts.Nays:None.Motion carried 5 -O. RESOLUTION NO.01-214 &01-215 Resolution providing for prepayment of $15,000 Special Assessment Sewer Improvement Notes (Hickman Road Truok Sewer Project),dated May 1,1993,and $70,000 Special Assessment Street Improvement Notes (1997 Street Improvements and Cherry Street Improvements Project),dated March 1,1999 23 WHEREAS,$101,000 Special Assessment Street Improvement Notes,dated March I,1999 (the "1999 Notes"),were issued by the City pursuant to a resolution passed and approved on March I,1999,under which the right was reserved to the City to call and prepay all of the Notes scheduled to mature in each of the years 2000 to 2008,inclusive,prior to their maturity as a whole or from time to time in part,on or within 45 days after December 1 in each of the years 1999 to 2007,inclusive,on terms of par and accrued interest,provided notice is given by mailing written notice by certified mail,retum receipt requested,to each of the registered owners of the Notes to be redeemed at the addresses shown on the City's registration books,not less than 30 nor more than 60 days prior to the date set for such redemption and prepayment;and WHEREAS,$135,000 Special Assessment Sewer Improvement Notes,dated May 1,1993 (the "1993 Notes"and together with the 1999 Note the "Notes"),were issued by the City pursuant to a resolution passed and approved on May 24,1993,under which the right was reserved to the City to call and prepay all of the 1993 Notes scheduled to mature in each of the years 1994 to 2002,inclusive,prior to their maturity as a whole or from time to time in part,on or within 45 days after December I in each of the years 1993 to 2001,inclusive,on terms of par and accrued interest,provided notice is given by mailing written notice by certified mail,return receipt requested,to each of the registered owners of the 1993 Notes to be redeemed at the addresses shown on the City's registration books,not less than 30 nor more than 45 days prior to the date set for such redemption and prepayment;and WHEREAS,the City has sufficient funds on hand and this Council has determined to call and prepay $70,000 of such 1999 Notes currently outstanding,being the 1999 Notes scheduled to mature in each of the years 2002 to 2008 in the aggregate principal amount of $70,000 and has determined to call and prepay $15,000 of the 1993 Notes currently outstanding,being the 1993 Notes scheduled to mature in the year 2002,in the aggregate principal amount of$15,000;and WHEREAS,prior to calling the aforementioned Notes for redemption,provision must be made for giving notice thereof; NOW,THEREFORE,Be It and It Is Hereby Resolved and ordered by the City Council of Waukee,Iowa, as follows: Section 1.The Notes in the total aggregate principal amount of$85,000,and scheduled to mature on December I of 2002 through 2008 as stated above shall be called for redemption and prepaid as of December 20, 2001 on terms of par and accrued interest to such date of prepayment. Section 2.Bankers Trust Company,N.A.,Des Moines,Iowa (the "Registrar"),is hereby authorized and directed to give notice of such redemption by mailing written notice by certified mail,return receipt requested, to each ofthe registered owners of the Notes to be redeemed at the addresses shown on the City's registration books, not less than 30 nor more than 45 days prior to the date set for such redemption and prepayment,as provided in the resolutions authorizing the issuance of the Notes.The notice shall be in substantially the following form: Approved and passed this 19th day of November 2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk Resolution 01-214 ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne J ohuson Resolution 01-215 AYE X X X NAY UNAVAILABLE x X 24 ROLL CALL VOTE AYE NAY UNAVAILABLE Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (21)Resolution:Approving the purchase of employee appreciation gift certificates for City of Waukee employees at the end of this calendar year and subsequent calendar years from this year forward Bill Peard moved to approve.Marvin Berger second.Attorney Paul Huscher indicated that the corporate purpose must be clarified in the resolution and reflect the public purpose or intent to pass the auditor's test of an appropriate public action.Roll call:Ayes:Peard,Berger, Watts,Johnson,Gruber.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-216 APPROVING THE PURCHASE OF EMPLOYEE APPRECIATION GIFT CERTIFICATES FOR CITY OF WAUKEE EMPLOYEES AT THE END OF THIS CALENDAR YEAR AND SUBSEQUENT CALENDAR YEARS FROM rnrs YEAR FORWARD IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the anditor in the FYOI Audit indicated that gift certificates for employees purchased during the holiday season at the end of the year had to have a public purpose as defmed in the Attorney General's Opinion dated April 25,1979 AND, WHEREAS,public employees in many instances "serve the public long and faithfully,sometimes no doubt beyond the call of duty with little public attention for such acts'"AND, WHEREAS,public employees though not underpaid are not extremely overpaid AND, WHEREAS,recognition of public employees at the time of year customarily devoted to reflection and gratitude is not a donation to employees for a private purpose AND, WHEREAS,a grocery store gift certificate at the holidays is a "proper outlay for a public purpose,which purpose is to bring about a better and more efficient service in these various departments by improving their personnel and morale,through the retention of faithful and experienced employees'" NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 19"'day of November 2001 that it hereby approves the purchase of employee appreciation gift certificates for City of Waukee employees at the end of this calendar year and subsequent calendar years from this year forward. 'State ofIowa Attorney General's Opinion dated April 25,1979. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Adntinistrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X BillPeard X Mike Watts X Wayne Johnson X (22)Resolution:Approving Final Plat for Brighton Park Townhomes Rick Ross,830 Highway 6,Waukee representing Jerry's Homes.This project is located directly south of the Public Safety Bldg and contains approximately 3 acres.There will be 22 townhome units.It is a continuation of the same kind of units that are built on the east side of the pond and are now on the west side.The two existing streets Rosenkrantz and Booth will be used for a five unit building on Booth and a six unit building on Rosenkrantz.Additional units would be inside the area on a private drive from L.A.Grant Parkway.This site plan was approved many years ago but was never finalized.Now Mr.Ross wants to finalize the plat so construction of the units can take place.Questions concerning the covenants or bonds for sidewalks were addressed.Mik Briedis indicated that in previous developments the City has found that it is easier to work with 25 one developer in the construction of the sidewalks rather than many different home owners.In other words when the proj ect is completed there should be a sidewalk on all appropriate sides of the proj ect or in this development all the way around the proj ect.Sidewalks can be completed or bonded for completion later.Paul Huscher indicated the City engineer determines what bond is to be posted by the linear feet of the sidewalk and the estimated cost per linear foot.This bond is to be posted prior to finalizing the plat.Because Mr.Ross brought this request to the City late last week,the City has not had an opportunity to review the request appropriately.In order to work out an agreement Mr.Huscher requests that the City be given time to review what has been committed in terms of the bond for sidewalks already.Mr.Huscher also indicated that the developer who is asking for the approval of the final plat should place something on the plat for this lot that makes him responsible for the sidewalks or if he sells it to whomever the grantee is that that person will be responsible.That should also be noted in our approval.If someone were to purchase the property looking at just the plat,they're not going to have any knowledge that they have the responsibility to put in sidewalks in that area.Rick Ross would agree that if a bond is not in place to cover those two areas -Rosenkrantz and Booth -they will get them.In addition to the notice in the plat of homeowner responsibility,the City Attorney recommends bonding for the sidewalks.There is an additional issue of the water pipes and sewer.The water and sewer pipes are already in.However,the water loop coming off a main at L.A.Grant Parkway needs to be completed and is the responsibility of the developer and should be covered in the covenant or the abstract as a private line maintained by the people who live there.Further discussion concerned L.A.Grant Parkway,which is currently a 24 foot street.When the site plan was approved 4 to 5 years ago L.A.Grant Parkway was developed as a street with 24 feet of roadway surface.Traffic and growth have altered the current usage and the proposed plans for development within the City.The Municipal Code indicates that streets,which are collectors for traffic flowing into and through the City,must have a minimum width of 70 feet right-of-way and be 31 feet curb to curb.L.A.Grant Parkway is such a street.The argument was raised by Rick Ross that this wasn't an issue and hadn't been required when the site plan was approved. Mark Arentsen indicated that the site plan and the final plat are two different procedures and are reviewed each independently.Bill Peard indicated that regardless of what was done 4 or 5 years ago,the City has changed and the requirements for developing sites have changed for the better. Nick Gruber moved to approve the final plat with a 31 ft.BIB roadway surface on L.A.Grant Parkway.Further discussion included the P &Z approval to bond for the improvement until the street was widened further down the street.The City Engineer,Mik Briedis,indicated that the bond would be $42,000 for the 3.5 foot of curb,storm sewer,intakes and associated excavation. Bill Peard second.City Attorney Paul Huscher indicated that the motion should be stated to include the requirements previously mentioned by him.The motion to approve the Final Plat for Brighton Park Townhomes includes (1)a 31 foot BIB roadway surface at L.A.Grant Parkway (2)sidewalks all around the project or bonding for the sidewalks not currently in place,(3)notice in covenant or as part of the abstract that the property owner is responsible for the sidewalks on their property and the private water line known as the "loop,"if it borders their property.Roll call:Ayes:Berger,Peard,Johnson,Berger,Watts Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-217 APPROVING THE FINAL PLAT FOR BRIGHTON PARK TOWNHOMES IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized municipal corporation;AND, WHEREAS,the Fiual Plat for Brighton Park Townhomes has been approved by the Planniug and Zoning Commission on November 13,2001;AND, 26 WHEREAS,the Final Plat for Brighton Park Townhomes is in general conformance with the Wankee Municipal Code Subdivision Ordinance;AND, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 19th day of November 2001 that it hereby approves the Final Plat for Brighton Park Townhomes with the following stipulations: (I)a 31 foot B/B roadway surface at L.A.grant Parkway must be installed;(2)sidewalks all around the project or bonding for the sidewalks not currently in place;and (3)notice in covenant or as part of the abstract that the property owner is responsible for the sidewalks on their property and the private water line known as the "loop,"if it borders their property. 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 REPORTS: City Administrator,Mark Arentsen:Tum in Code Books for updating,mtg with library next Tuesday evening regarding building plans,working with owner of Sno Cone Hut downtown to have it moved,United Way representative present -several contributions,we met with Sumner Worth today regarding the extension of Alice's Road south to ensure we all know the plans for the Alice's Road extension. City Deputy Clerk,Cathy Paardekooper:Continuing with the street name changes after the first of the year,continuing with updating the code books and minutes Director of Community Development,Jody Gunderson:Next Tuesday the Community Development Board mtg.We received the IJR report last Friday from KirkhamlMichael on the justification study for the interchange.We are reviewing and making some minor modifications before accepting final product. Public Works Director,John Gibson:Working on streets;patching. City Engineer,Mikelis Briedis:working on a number of projects at the same time:Warrior Lane, downtown Triangle Redevelopment,R22 water and sewer.Wanted Council to be aware for the Warrior Lane Project where we have the box culvert extension and the earth work required to construct the roadway,we will need an easement from Mr.Conn.Wayne Johnson indicated Mr. Conn's main concern is that he maintains an access to the south side of his property.Mr.Briedis indicated that there are several ways to handle an easement.One of those would be to get a perpetual easement or right-of-way acquisition.We are looking for the land acquisition to permit the construction of an embankment.We could negotiate part of an easement where Mr. Conn still retains the fee title of the property.From an engineering perspective that would be satisfactory. City Attorney,Paul Huscher:Attended the Iowa Municipal Attorney's Seminar this last Friday. The attorney general really wants to enforce the cigarette laws in terms of sales to minors.We need to cooperate with that.We need to review the open meetings law and the public records law.Paul has not received the transcript from the Auditor's Office on the appeal. Wayne Johnson,Park Board:The only really new thing from Parks is a recent review of the Park Ordinances indicated that the ordinance governing beer in the parks has not been changed to cover the current activities.Review and updating of the ordinances will occur.Winterfest will take place at the triangle on the so"of November at 6 o'clock.As part of this report,the Mayor indicated he would like to appoint Gary Porth to the Park Board at the next meeting. 27 Marvin Berger,Planning and Zoning:P &Z met November 13.Of the two agenda items,one was deleted.The other,Brighton Park Townhomes Final Plat,was discussed this evening. Nick Gruber,Library:The Mayor indicated that he had requested from the Library Director a report of those items,which probably will not be funded by the bonding issue,but,which are still need prior to opening. At this time Mayor asked for motion to adjourn.Peard moved.Watts second,Ayes:all.Nays: None.Motion carried 5-0. Meeting Adjourned at 9:57PM. Attest: 28