HomeMy WebLinkAbout2002-12-16-Regular Minutes(1)Call to Order -The regular meeting of the Waukee City Council was called to order
by Mayor Leslie at 7:00 PM.
(2)Pledge of Allegiance
(3)Roll Call -The following members were present:Mayor Mark D.Leslie,and
Council members Nicholas Gruber,Donald Bailey,Jr.,Mike Watts,Bill Peard and
Wayne Johnson.
(4)Open Fornm -No one present wished to address the council on issues not on
the agenda.
(5)Agenda Additions /Approval-Nick Gruber requested that items 31 and 32 be
moved to the consent agenda and moved to approve the agenda thus amended.Mayor
Leslie requested that items 24 and 25 be placed immediately after item 11.Nick Gruber
added the move of items 24 and 25 to his motion.Mike Watts second.No further
discussion.Ayes:All Nays:None.Motion carried 5-0.
(6)Consent Agenda-
A.Approving 12-11-02 Bill List
B.Approving 12-02-02 City Council Minutes
C.Approving purchase of storm shelter signs from ASI Systems for
new library in the amount of$100.00
Approving Class C Liquor License with Sunday Sales Permit for
GFA Steaks,LLC DBA Rube's III Inc.
Setting January 6,2003 as the date for a Public Hearing on an
ordinance to amend §301.22,Waukee Municipal Code,Zoning
Ordinance of the City of Waukee,Iowa,M-1 Light Industrial
District,by deleting from Subsection 301.22(A)(3)the words "any
use permitted in C-1 A"and adding certain specific commercial,
retail or service uses;and by deleting Subsection 301.22(A)(9)
("office buildings");and by re-lettering and renumbering each
successive subsection in Subsection 301.22(A)in alphabetical or
numerical order.
Setting January 6,2003 as the date for a Public Hearing on an
ordinance to amend Waukee Municipal Code,Zoning Ordinance
ofthe City of Waukee,Iowa,M-1A,Limited Industrial District,by
deleting from Subsection 301.23(b)(1)thereof the words "The C-1
and",so that said subsection reads,"Any use permitted in M-1
districts."
Nick Gruber moved,Mike Watts second to approve all items.Roll call:Ayes:Gruber,
Watts,Johnson,Bailey,Peard.Nays:None.Motion carried 5-0.
Bill List (12-11-02)
CHECKS ISSUED PRIOR TO COUNCIL APPROVAL:
DOWNING DEVELOPMENT LTD
EL-RAY RANCH
BILL GORDISH
TIM ROYER
US ENERGY SERVICES INC
D.
E.
WAUKEE CITY COUNCIL MINUTES
DECEMBER 16,2002
F.
48,732.44
250.00
300.00
30.00
110,158.39
1
ROCHON CORPORATION
WAL-MART COMMUNITY
MBNA AMERICA BUSINESS CARD
MY FAVORITE MUFFIN
TOTALS
BILLS PRESENTED FOR COUNCIL APPROVAL,
ACCESS SYSTEMS
ALLIANCE MEDICAL
AMERITAS LIFE INSURANCE COMPANY
ANDERSON,MARK
ANNEAR EQUIPMENT INC
ARAMARK UNIFORM SERVICES
ARCTIC GLACIER INC
AT&T WIRELESS
AUDITOR OF STATE
BAKER COMMUNICATIONS
BARCO MUNICIPAL PRODUCTS
BRENTWOOD DEVELOPMENT CO
BUSINESS COMMUNICATIONS
C &J LEASING
CAPITOL REPRESENTATIVES
AMBER CARAVAN
CARPENTER UNIFORM CO
CFI TIRE SERVICE
CHIEF SUPPLY
CLASSIC FLORAL &GIFTS
COMMERCIAL APPRAISERS OF IOWA
COMPLIANCE POSTER COMPANY
COMPUSA INC
COUNTRY CLUB WOODS LC
DALLAS COUNTY NEWS
DAN RAITT INC
DEMCO
DES MOINES INDUSTRIAL PRODUCTS
DES MOINES REGISTER
DES MOINES WATER WORKS
DOWNING DEVELOPMENT LTD
ED M FELD EQUIPMENT CO
ELECTRICAL ENGINEERING EQUIP
ELECTRONIC ENGINEERING CO
FAREWAY STORES
FEH ASSOCIATES INC
FIREGUARD
GRIMES ASPHALT &PAVING
GROEBNER &ASSOCIATES INC
GRUBB,GERALD
GRUBB,STEPHEN R
HALLETT MATERIALS
HEARTLAND CO-OP
DON HENSON
CAROL llCINDYTI HOL
HOMETOWN PROMOTIONS
HR DIRECT
HY-VEE FOOD &DRUG CENTER
IMAGING TECHNOLOGIES
INDEPENDENT SALT COMPANY
INDUSTRIAL SALES COMPANY
143,678.48
65.21
2,396.02
44.50
305,655.04 'I
609.75
124.57
2,376.24
893.49
24.52
292.60
252.00
1,145.43
25,421.57
90.00
1,039.56
391.46
59.50
310.28
62.41
310.00
1,167.70
843.00
169.71
564.30
2,700.00
38.62
99.48
2,597.89
1,268.44
267.60
48.57
28.50
45.50
2,043.42
2,541.31
1,835.00
926.99
258.00
2,071.89
17,090.92
135.85
354.75
1,803.14
7,163.01
1,818.74
410.02
4,497.15
180.00
82.00
48.00
42.49
321.28
99.00
6,194.69
6,726.90
}
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INDUSTRIAL SUPPLY SOLUTION
INGRAM LIBRARY SERVICES
INTERSTATE BATTERY SYSTEM
IOWA ASSOCIATION OF MUNICIPAL UTILITIES
IOWA DEPT OF PUBLIC SAFETY
IOWA PIPELINE ASSOC INC
IOWA SIGNAL &ELECTRIC CO
IOWA WINDSHIELD REPAIR
JOHN DEERE HEALTH PLAN INC
JONES LIBRARY SALES INC
K'S MERCHANDISE
KOHLES DEVELOPMENT LC
LANDS END BUSINESS OUTFIT
LASER CAR WASH
LITHO GRAPHICS PRINT
LINDA MACK
MADISON NATIONAL LIFE
MANATTS
MARTIN MARIETTA AGGREGATE
MENARDS
MERCURY INSTRUMENTS INC
METLIFE SMALL BUSINESS CENTER
METRO SALES COMPANY
MID AMERICAN ENERGY
MID AMERICAN ENERGY
MID AMERICAN ENERGY
MID AMERICAN ENERGY
MID IOWA SALES COMPANY
MID LAND EQUIPMENT COMPANY
MID STATES SUPPLY COMPANY
MIDWEST ENERGY ASSOCIATION
MIDWEST ENVIRONMENTAL SERVICES
MIGHTY TIDY CLEANING
MORRELL HEATING &COOLING
MUNICIPAL SUPPLY
DEVON MURPHY-PETERSEN
NATIONAL ASSOCIATION OF CHIEFS OF POLICE
NATIONAL WATERWORKS INC
NORTHWAY WELL &PUMP
O'HALLORAN INTERNATIONAL
OFFICE DEPOT
OLSON BROTHERS
PLUMB SUPPLY COMPANY
PRAXAIR DISTRIBUTION #440
PUCKETT TOOLS &FASTENERS
PURCHASE POWER
QUALITY FORD OF WDM
BETH RICHARDSON
ROBERTS COMPANY INC
BECKY SCHUETT
SNYDER &ASSOCIATES INC
TEAM TWO INC
GALE THOMPSON
CHERYL TONNELLI
TRIPLETT OFFICE ESSENTIAL
R TYLER EXCAVATING
UNITED STATES CELLULAR
3
204.00
460.74
33.36
934.71
750.00
1,301.93
150.00
45.00
24,108.73
20,395.90
62.94
2,869.08
95.00
18.90
507.00
108.58
762.17
453.13
435.98
846.47
1,057.13
392.93
740.20
205.61
97.20
25.85
31.70
57.24
425.00
221.83
1,520.00
1,220.00
325.00
97.00
1,844.90
87.17
50.00
439.67
5,745.00
72,726.27
776.97
545.54
297.40
33.08
26.53
519.00
233.12
16.06
33.10
7.30
5,036.50
132.72
30.00
160.00
38.50
720.00
59.97
US ENERGY SERVICES INC 165,340.78
US POSTAL SERVICE 37.00
VALLEY WEST WAUKEE CORP 100.00
VAN-WALL EQUIPMENT INC 251.62
VEENSTRA &KIMM 4,603.70
VERIZON WIRELESS 30.97
WASTE MANAGEMENT OF IOWA 21,968.93
WAUKEE HARDWARE &VARIETY 772.21
WAUKEE JAYCEES 35.00
WAUKEE STATE -LIBRARY PETTY CASH 153.93
WAUKEE STATE -POLICE PETTY CASH 117.62
WAYNE MANUFACTURING CO LC 100.00
CHAD WEAVER 75.55
WESTGATE PARTNERSHIP 4,011.50
WINDFIELD DEVELOPMENT 967.45
WINDFIELD DEVELOPMENT II 7,367.16
WINGFOOT COMMERCIAL TIRE 849.24
TOTALS 457,189.01
(7)Mayor's Report:(1)The mayor recognized Keith Armstrong as the Fire Fighter of
the Year and Chris Shelley as the EMT ofthe Year.These are the first annual
presentation of these awards to members of the Volunteer Fire Department,(2)Becky
Schuett,Code Compliance Secretary,said that we had broken the building valuation of
38.8 Million record set in 1999 as it relates to building permits.The building valuation as
of December 9,2002 was 39.3 million.(3)The mayor spoke at DARB graduations in the
Waukee Schools.He congratulated young people on their decision to refrain from the
use of drugs through their lifetime.Mayor Leslie thanked Officer Ludwigs,police
officers,teachers in school system for their efforts in combating drug use before it starts.
(4)The mayor read a list of accomplishments for the City during the past year.
(8)Receive/File:Discussion of City of Waukee legislative priorities with State Senator
Jerry Belin and Iowa House Representative-elect Ralph Watts Representative-elect
Watts and Senator Behn were here to discuss Waukee's Legislative priorities,which are:
(1)Legislation authorizing park impact fee payments or land dedication requirement;(2)
Changes to the property tax law to eliminate annual fluctuation in the rollback;and (3)
Expansion of the City of Waukee gas franchise area.Both legislators stressed the
difficulties the state as a whole was facing during the coming year.Both indicated that
communication as to what is happening and what the City of Waukee is requesting is
important and should continue.Senator Behn indicated he would be willing to research
the topics and get back with the council.Wayne Johnson shared knowledge of parks and
park development with the legislators and indicated he would be willing to do more to
promote an understanding of the difficulties cities face when large scale development
occurs.Bill Peard suggested the council and the legislators right meet to discuss the
issues in a workshop setting prior to the start of the legislative session.Mayor requested
a motion to receive/file.Bill Peard moved to receive/file.Nick Gruber second.Roll
call:Ayes:Peard,Gruber,Bailey,Johnson,Watts.Nays:None.Motion carried 5 -O.
(9)Receive/File:Community Development Committee Update Dierck Oosten and Joe
Schmidt,members of the Community Development Committee presented the annual
report of the committee's activities for the year.Additional members of the committee
are Wayne Johnson,chairman,Nancy Horsch,Linda Pound,and Steve Blumenthal.A
copy ofthe report can be obtained at City Hall.Wayne Johnson moved to receive/file
I
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this presentation.Nick Gruber second.Roll call:Ayes:Johnson,Gruber,Peard,Bailey,
Watts.Nays:None.Motion carried 5 -O.
(10)Public Hearing:On the proposal to issue not to exceed $9,500,000 aggregate
principal amount of the City's Private School Facility Revenue Bonds (St.Francis of
Assisi School Corporation Project)Series 2002,pursuant to the provisions of the Act,
for the purpose of providing financing for a portion of the cost of (i)acquisition of
land and construction of an addition to the Borrower's existing elementary school,
including a gymnasium,classrooms,cafeteria,media center,music and art rooms,(ii)
retiring existing indebtedness,tlte proceeds of which were used to construct tlte
existing scltool facility (togetlter tlte "Project"),all located at 7075 Ashwortlt Road,
West Des Moines within 8 miles of the boundaries oftlte Issuer and (iii)paying related
costs,including costs of issuance of the Bonds Mayor Leslie opeued the public hearing.
No written commeuts were received prior to the meeting.William Lillis of 300 Bank of
America Bldg spoke for the St.Francis of Assisi School Corporation and introduced
Gene Olson,partner ofMr.Lillis,Father Ed Hurley,President of the Corporation,Dan
Kelly and Wendy Carlson,who are the Bond Underwriters and Brokers,Linda Kniep,
Bond Counsel from Ahlers Law Film and several interested parents and residents of
Waukee all of whom are supporters of the St.Francis of Assisi School Corporation
Project.Mr.Lillis stated that a city is not liable under the bank qualified bonds,the city's
credit is not affected,the city's debt limit is not affected by the borrowing issue.
Payment of the bond indebtedness would be fully secured by an irrevocable letter of
credit issued by the West Bank located in West Des Moines.President of West Bank,
Brad Winterbottom and one of his associates Ron Degen were present to answer any
questions.Dan Kelly,Father Ed Hurley and Brad Winterbottom also spoke in favor the
Project.Bob Helmick and Darla Giese,City's Bond Counsel,answered questions from
the counsel with regard to the proposed action.Mr.Helmick indicated that there could be
no financial liability on the part of the city whatsoever and that all costs over the years
associated with the borrowing are to be paid by the borrower and not the issuer.Mr.
Hehnick answered questions from Wayne Johnson,Attorney Paul Huscher and Don
Bailey,Jr.concerning the city's liability and the affect of the action on the finances of the
city.Mr.Helmick also stated that the interests of the city would be fully protected by the
actions of Bond Counsel.Seeing no other person interested in speaking to the issue,
Mayor Leslie closed the public hearing.
(11)Resolution:On tlte proposal to issue not to exceed $9,500,000 aggregate principal
amount oftlte City's Private Scltool Facility Revenue Bonds (St.Francis of Assisi
Scltool Corporation Project)Series 2002,pursuant to the provisions of the Act,for tlte
purpose of providing financing for a portion of tlte cost of (i)acquisition of land and
construction of an addition to the Borrower's existing elementary school,including a
gymnasium,classrooms,cafeteria,media center,music and art rooms,(ii)retiring
existing indebtedness,the proceeds ofwltich were used to construct tlte existing school
facility (togetlter tlte "Project"),all located at 7075 Ashworth Road,West Des Moines
within 8 miles oftlte boundaries oftlte Issuer and (iii)paying related costs,including
.costs of issuance oftlte Bonds Bill Peard moved to approve the resolution.Don Bailey,
Jr.second.A brief discussion occurred.Roll call:Ayes:Peard,Gruber,Johnson.Nays:
Bailey,Watts.Motion carried 3 -2.
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(24)Resolution:Approving the order of preparation detailed plans,specifications,
notice of hearing,notice to bidders and form of contract for the Hickman Road
Arterial Street Lighting Project Mike Watts moved to approve the resolution.Wayne
Johnson second.Brief discussion.Roll call:Ayes:Watts,Johnson,Bailey,Gruber,
Peard.Nays:None.Motion carried 5 -O.
(25)Resolution:Approving the order of detailed plans,specifications,notice of
hearing,notice to bidders and form of contract for the Hickman Road Arterial Street
Lighting Project and setting January 16,2002 as the date for receipt of bids and setting
January 20,2003 as date of public hearing and letting Nick Gruber moved to approve
the resolution.Bill Peard second.Roll call:Ayes:Gruber,Peard,Johnson,Bailey,
Watts.Nays:None.Motion carried 5 -O.
(12)Resolution:Approving an amendment to the City of Waukee and CWA Local
7102 Collective Bargaining Agreement which is to be effective 01-01-03 Don Bailey,
JI.moved to approve.Mike Watts second.Roll call:Ayes:Bailey,Watts,Gruber,
Johnson,Peard.Nays:None.Motion carried 5 -O.
(13)Resolution:Approving Option to Purchase Land;acquisition of land for
recreational purposes Mike Watts moved to approve.Nick Gruber second.Attomey
Paul Huscher explained the Option to Purchase Land to the council.Several of the
Councihnen indicated their appreciation of the efforts of Mark Arentsen and the city staff
and thanked the Copeland Family for their interest in and support of the City of Waukee
by their willingness to sell the land in its entirety for recreational purposes,Roll call:
Ayes:Watts,Gruber,Bailey,Peard,Johnson.Nays:None.Motion carried 5 -O.
(14)Resolution:Recognizing efforts of and expressing appreciation to downtown
business owners for Halloween and Christmas decorating efforts Nick Gruber moved
to approve.Don Bailey,JI.second.Councihnen expressed appreciation to Lyn Schafer,
a member of the Downtown Triangle Businesses organization for her efforts through the
years and her continuing support of the City ofWaulcee and her support of the downtown
growth and development.Roll call:Ayes:Gruber,Bailey,Watts,Johnson,Peard.Nays:
None.Motion carried 5 -O.Mayor Leslie read the resolution which is as follows:
THE CITY OF WAUKEE,IOWA
RESOLUTION 02-193
APPROVING RECOGNIZING EFFORTS OF AND EXPRESSING
APPRECIATION TO DOWNTOWN BUSINESS OWNERS FOR HALLOWEEN
AND CHRISTMAS DECORATING EFFORTS
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the Downtown Triangle Businesses,an organization of triangle business
owners/managers,meets regularly to discuss the present and plan the future of downtown
Waukee;AND,
WHEREAS,this grass roots effort shows an enthusiasm and pleasure in one's
surrounding which is contagious to the rest of the community;AND,
WHEREAS,recent decorating during the Halloweeu and Christmas holidays in the
downtown area turned the Downtown Triangle Business Area into a fun place to visit and
shop in;AND,
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WHEREAS,the City of Waukee wishes to acknowledge the contribution of all the
members of the Downtown Triangle Businesses organization and express appreciation for
your efforts.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in
session this 16th day of December 2002 that it hereby recognizes and appreciates the
efforts of the downtown business owners in the organization's decorating of businesses
during the Halloween and Christmas seasons.
MarkD.Leslie,Mayor
Attest:
Mark J.Arentsen,City Administrator/Clerk
(15)Resolution:Approving waiving review of Alcott's Subdivision Mike Watts moved
to approve the resolution.Bill Peard second.Nick Gruber indicated we had problems
resulting from earlier waiving of subdivisions that are now part of the city.His
recommendation was to review the proposed subdivision so that problems in the future
can be minimized.Roll call:Ayes:Bailey.Nays:Peard,Gruber,Watts,Johnson.
Motion defeated I aye -4 nays.
(16)Resolution:Approving Site Plan for Waukee Middle School (8-9 grade bldg)Don
Bailey,Jr.moved to approve.Bill Peard second.Associate Superintendent Dave
Wilkerson and Matt Carlisle ofRDG Crose,Gardner,Shukert Inc.present representing
the School's project.The school is addressing all issues raised by city staff and the city
engineer.A traffic analysis of current and future traffic will take place.Matt Carlisle
talked about the site and the traffic flows on the school grounds,the design ofthe
buildings and the trail.John Gibson asked that the motion be contingent on the
completion of the traffic study and discussion with staff concerning the study and also
agreement with the school on the time frame for installation of the trail.Dr.Wilkerson
indicated he agreed with a time frame for the installation of the trail;however,he did not
want to construct a trail that did not join with other trails.MI.Bailey indicated he would
modify his motion to include the two restrictions as stated by John Gibson.Bill Peard
second the amended motion.Roll call:Ayes:Bailey,Peard,Gruber,Johnson,Watts.
Nays:None.Motion carried 5 -O.
(17)Resolution:Approving Preliminary plat for Midwest Commercial Development
Mike Watts moved to approve.Nick Gruber second.Brief discussion.Roll call:Ayes:
Watts,Gruber,Peard,Johnson,Bailey.Nays:None.Motion carried 5 -O.
(18)Resolution:Approving Construction Plans for Midwest Commercial Development
Mike Watts moved to approve the resolution.Don Bailey,JI.second.John Gibson
asked that the newly revised plans -service line valves are to be installed -be inclnded
in the motion.Mike Watts agreed to amend his motion.Don bailey Jr.seconded the
amended motion.Roll call:Ayes:Watts,Bailey,Johnson,Gruber,Peard.Nays:None.
Motion carried 5 -O.
(19)Resolution:Approving Final Plat for Midwest Commercial Development Nick
Gruber moved to approve the resolution contingent upon the performance bond being
received.Don Bailey,Jr.second.John Gibson indicated there were two other forms
needed and that he would like to have the final plat approved contingent upon the
Treasurer's Certificate,the Auditor's Certificate and receipt of the Performance Bond.
Attorney Paul Huscher indicated there were a number of items incomplete or missing in
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this final plat.Nick Gruber indicated he thought it would be best to rescind the motion
and pass a motion that this item be postponed until the next meeting or until all
documents are properly received by the City.Mike Watts agreed and withdrew his
second from the initial motion.Don Bailey indicated he was the person who seconded
the motion and indicated he would be willing to support a motion that was contingent
upon receiving all of the documents currently missing.Further discussion resulted in Mr.
Gruber withdrawing his initial motion and moving that the approval ofthis final plat
would be postponed until the documents were in prior to the January 6 meeting.Mike
Watts second.Roll call:Ayes:Gruber,Watts,Peard,Bailey,Johnson.Nays:None.
Motion carried 5 -O.
(20)Resolution:Approving Veenstra &Kimm,Inc.as the engineering firm to perform
the Water Supply and Storage Analysis for the City of Waukee Nick Gruber moved to
approve.Mike Watts second.Projected time line for this project is now February 3fd.
Nick Gruber included the project ending date of Feb mary 3rd in his motion.Mike Watts
second.Roll call:Ayes:Gruber,Watts,Peard,Johnson,Bailey.Nays:None.Motion
carried 5 -O.
(21)Resolution:Approving Preliminary Resolution of Necessity per Section 348.42 for
R22 Sanitary Sewer Improvements Project Wayne Johnson moved to approve.Don
Bailey,Jr.second.Discnssion of completion date ofWRA study and funding sources for
the project.Roll call:Ayes:Johnson,Peard,Gruber.Nays:Bailey,Watts.Motion
carried 3 -2.
(22)Resolution:Approving Council's valuation Onproperties in Preliminary
Assessment Plat &Schedule for the R22 Sanitary Sewer Improvements Project Don
Bailey,Jr.moved to approve.Mike Watts second.No discussion.Roll call:Ayes:
Johnson,Gruber,Peard.Nays:Bailey,Watts.Motion carried 3 -2.
(23)Resolution:Approving 01-06-03 as the date for a public hearing on the Resolution
of Necessity for R22 Sanitary Sewer Improvements Project Mike Watts moved to
approve.Wayne Johnson second.Mr.Johnson led the discussion with regard to the
original intent when annexing land along R22 several years ago.Mr.Gruber agreed with
Mr.Johnson when he said that the sewer line should be extended to 1-80 during the
coming year.Mr.Watts,Mr.Peard,and Mr.Bailey stated their thoughts on the subject.
Roll call:Ayes:Watts,Johnson,Peard,Gruber.Nays:Bailey.Motion carried 4 -1.
(24)Resolution:Approving the order of preparation detailed plans,specifications,
notice of hearing,notice to bidders and form of contract fur the Hickman Road
Arterial Street Lighting Project Item moved to earlier part of the meeting directly
behind item 11
(25)Resolution:Approving the order of detailed plans,specifications,notice of
hearing,notice to bidders and form of contract for the Hickman Road Arterial Street
Lighting Project and setting January 16,2002 as the date for receipt of bids and setting
January 20,2003 as date of public hearing and letting Item moved to earlier part of the
meeting behind items 11 and 24.
(26)Ordinance:Approving an ordinance to amend Chapter 301,Waukee Municipal
Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing
certain property therein from M-1 (Light Industrial District)and M-1A (Limited
Industrial District)to the following zone:PD (Planned Development Overlay District);
and amend the Official Zoning Map to show re-zoning (third reading,Westgate
1
8
Business Parka)Nick Gruber moved to have the third reading in title only and ,in
addition,moved to change the liability to the owner of the land with regard to the trees in
the "screen"by requiring replacement of dead or dying trees at any time in the future.
Bill Peard second.There was considerable discussion with regard to the planting and
maintenance of trees in a screening that is used as a buffer between zoning areas.Mr.
Campney indicated he regretted the offer of replanting during the first year because the
city had not required a time frame prior to the offer.At this point in the discussion,
Councihnan Peard read a statement into the record which summarized his thoughts on
this rezoning.The statement is as follows:
Approving this Planned Development is about much more than the concessions Westgate
developers are asking from the City,it's about whether this City Council will enforce the
ordinances it passes.It's also about whether this Council believes Waukee deserves the
same quality of development that is occurring in the communities that border our city.
Most importantly do the City's ordinances apply to everyone seeking to develop property
in Waukee,or just those that do not meet privately behind closed doors to persuade
councihnan to ignore the City's ordinances,the same ordinances they require other
developers to follow.
Almost two years ago the Mayor and City Council held a strategic planning meeting and
set the top priorities for the community for the next one to two years.Improving the
City's design standards was identified by the Mayor and Council as the City's highest
priority.With the exception of Mayor Leslie,every councilman in attendance tonight was
present for that meeting.
I believe a couple of questions should be answered as it relates to Westgate Business
Park.Should the City aggressively pursue economic development?Unequivocally Yes.
Has the City accommodated the developers of Westgate Business Park?I believe the
answer to that question is unequivocally yes.Let's examine how the City has assisted
Regency with this project.
1.The City agreed to rezone four (4)lots in Westgate Business Park from M-l to M-
IA in order to assist the developer in marketing the property to a wider scope of
businesses.If the City had not agreed to rezone these properties,the developer
would not have been able to sell two ofthe lots to companies that required that
type zoning.(Valley Paper,Judas Warehousing project).
2.The City Attorney advised the City Council not to final the Westgate Business
Park plat until the developer had completed the punch list.Despite the prudent
advice of the City's attorney,the City Council agreed to allow the developers to
fmal plat their property.This allowed the developer to sell lots to two businesses.
The punch list was completed the following spring.Downing Development asked
for the same treatment shortly after this occurred and the City denied their
request.
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3.Waukee has entered into a fmancial agreement with Westgate developers in an
effort to assist them develop their business park.Westgate developers will
received a 1.5 million dollar incentive from the City.(1.5 million Dollars)
This incentive allows the developer to recoup about 75%of the cost of developing
the business park.This is an extremely generous incentive,something that is not
offered to all developers proposing to develop in Waukee,and thus places
Westgate developers at a competitive advantage.
Ifthe City Council agrees to reduce the standards for this business park,it will in
affect be subsidizing substandard development.Our existing ordinances serve as
the standard.Westgate developers are asking for a reduction in building
standards.
Waukee's building standards are not stricter than our neighboring communities of West
Des Moines,Clive,Urbandale,and Johnston.The city staff has provided information to
Council demonstrating this fact.What this developer is proposing for this business park
would not be allowed in our neighboring communities.
We have spent an enormous amount oftime discussing the merits of using landscaping as
a method to mitigate the effect this business park has on adjoining properties,It is my
humble opinion that landscaping should be viewed as a method to enhance development,
not hide undesirable development.Furthermore,the landscaping standards currently
proposed in the Westgate PD are less than our typical ordinance would require.IIamconfidentwhenIsaythattheCityCouncilhopesthateveryonethatconducts
business in Waukee prospers,but it should not be at the expense of the future of our
community.Regency has been good for Waukee,and likewise Waukee continues to be
very profitable for Regency.
I respectfully ask my colleagues to reject this PD and require the Westgate developers to
play by the same rules we required of businesses like Farells,Midstates Ford,Waukee
Family Dental,and Westwood Plaza.
The creation of a planned development should not be used as a means to avoid adhering
to the City's ordinances as is being demonstrated with the Westgate Business Park PD.
Rather,PD's should be used to provide benefits to developer and the City as does the
Olive Glenn PD north of Westgate Business Park.
I believe the Mayor and Council have all campaigned during their respective elections
promising to promote commercial development as a means to reduce the tax burden for
our residents.We can choose to rush along substandard development or we can stand
behind our ordinances and build the model community Waukee residents'deserve.
I firmly believe Waukee residents'desire the type of development that does not require
landscaping to obscure its view.
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I urge my fellow councilman to look forward to the future,and do what is right for our
residents and the future of Waukee,and reject this PD.Waukee should not become the
dumping grounds for the type of development that is not welcome in our neighboring
communities.
Thauk you Mr.Mayor.
Mr.Gruber restated his motion and indicated that it was to be in place indefinitely.Mr.
Johnson indicated he felt this was closer to a covenant and was inclined to agree with the
concept.Councihnan Bailey was in agreement with the proposal;but suggested it should
be in a separate ordinance and apply to all development.Attorney Paul Huscher
indicated the concept of the Planned Development (PD)was to ensure that the city could
negotiate the kind of development it wished to see which could include negative
restrictions or requirements of the landowners which would continue with the land.Mr.
Campney took exception with some of what had been said by the council but decided that
the plat developer could offer 24 months of planting and maintenance for the trees /
shrubs in the buffer.Mr.Gruber indicated that when the council's concession in terms of
building materials resulted in a landscaped screening,the city has the right to demand
that the screening be maintained through the years and not for one,two or three years.
After further discussion Mr.J olmson suggested replacement of wording in Exhibit A of
this proposed ordinance,Paragraph B(4)so that it now would state "Lot owners shall
maintain trees and landscape material that serves as a buffer between zoning districts on
the north and the west."Nick Gruber agreed that his motion would cover the suggestion.
Bill Peard second the amended motion.Roll call:Ayes:Gruber,Peard,Watts,Johnson.
Nays:Bailey.Don Bailey,Jr.moved to place this ordinance on its final passage.Mike
Watts second.Roll call:Ayes:Bailey,Watts,Johnson.Nays:Peard,Gruber,Motion
carried 3 -2.Mayor Leslie declared this ordinance passed and duly adopted.Mark
Arentsen read the ordinance in title only.
(27)Ordinance:Approving an ordinance to amend Chapter 500,Section 501.18,
Waukee Municipal Code,Traffic Ordinances of the City of Waukee,Iowa,by deleting
the heading,"Through Streets Designated,"and inserting in lieu thereof the words,
"Through Streets and Stop Intersections,"and by adding to Schedule A,4-Way Stop
Intersections,after "Florence Drive and Rosenkranz Drive,"the words,"White Tail
Lane and Marshall Drive."(third reading)Bill Peard moved to have the third reading
in title only and place this ordinance on its final passage.Mike Watts second.Roll call:
Ayes:Peard,Watts,Bailey,Gruber,Johnson.Nays:None.Motion carried 5 -O.Mark
Arentsen read this ordinance in title only.Mayor Leslie declared the ordinance passed
and duly adopted.
(28)Ordinance:Approving an ordinance to amend Chapter 212,Waukee Municipal
Code,of the City of Waukee,Iowa,by amending Section 212.2,to eliminate exceptions
to restrict open burning within the city limits of the City of Waukee,Iowa,and to
eliminate the exception for plant and vegetable matter burning during certain times,by
deleting from the first paragraph of said section the words,"Except for the burning of
plant and vegetable matter originating on the premises or leased by such person,
between the hours of 7:00 A.M.to 7:00 P.M.,April is"through April3rfl•excluding
Sundays,and between the hours of 7:00 A.M.to 7:00 P.M.,November 1to November
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30,excluding Sundays,with said fires being extinguished and not smoldering by the
7:00 P.M.Deadline."(second reading)Nick Gruber moved to have the second reading
in title only.Bill Peard second.Larry Lyons of 606 Boone Drive requested the council
refrain from banning bunting and instead shorten the hours.Be indicated that he felt
there would be individuals who would not be able to transport their leaves to the burning
site thus causing areas that wouldn't look very good and an increase in rodent population.
In addition Mr.Lyons indicated his property is a small acreage and it would be
impractical for him to bag the leaves and transport them to a city bum site.Mr.Johnson
indicated that the intent is not to discourage bon fires or bulk burning.Mr.Johnson
continued that it is not a burning issue but a smoldering issue.Councilman Johnson
informed Mr.Lyons that burning permits could still be secured for the homeowner who
preferred to bum at home.Mr.Peard agreed.Roll call:Ayes:Gruber,Peard,Bailey,
Watts,Johnson.Nays:None.Motion carried 5 -O.Mike Watts moved to waive the
third reading and place this ordinance on its fmal passage.Bill Peard second.Discussion
led to Mr.Watts withdrawing his motion and Mr.Peard withdrawing his second.Mr.
Arentsen read the ordinance in title only.
(29)Ordinance:Approving an ordinance to amend Section 303.158A,Waukee
Municipal Code,Development Capital Fees for Community Services,of the City of
Waukee,Iowa,by deleting the first unnumbered paragraph of said section and
subparagraph A thereof,and inserting in lieu thereof updated Development Capital
Fees for Community Facilities as described in Section 1 hereof (second reading)Nick
Gruber moved to have the second reading ofthis ordinance.Mike Watts second.The
ordinance was revised the aftemoon of the meeting and the council received a copy prior
to the meeting.Mr.Johnson indicated the intent was to recoup some of om capital
expenditures,Roll call:Ayes:Gruber,Watts,Johnson,Peard,Bailey.Nays:None.
Motion carried 5 -O.Mr.Arentsen read the ordinance in title only.
(30 Motion:Setting January 13,2003,7:00 P.M.as the date for department head
presentation of budget requests and Setting January 27,2003,7:00 P.M.as the date for
budget deliberation Bill Peard moved to approve this motion.Mike Watts second.Roll
call:Peard,Watts,Gruber,Johnson,Bailey.Nays:None.Motion carried 5 -O.
(31)Motion:Setting January 6,2003 as the date for a Public Hearing on an ordinance
to amend §30l.22,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,
Iowa,M-l Light Industrial District,by deleting from Subsection 30l.22(A)(3)the
words "any use permitted in C-IA"and adding certain specific commercial,retail or
service uses;and by deleting Subsection 30l.22(A)(9)(t'offlce buildings"};and by re-
lettering and renumbering each successive subsection in Subsection 30l.22(A)in
alphabetical or numerical order.This item moved to the consent agenda
(32)Motion:Setting January 6,2003 as the date for a Public Hearing on an ordinance
to amend §301.23,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,
Iowa,M-IA,Limited Industrial District,by deleting from Subsection 30l.23(B)(1)
thereof the words "The C-l and",so that said subsection reads,"Any use permitted in
M-l districts."This item moved to the consent agenda.
REPORTS:Reports were offered by Mark Arentsen,John Gibson,Mik Briedis,Paul
Buscher,Wayne Jolmson,Bill Peard,Nick Gruber.
Mayor Leslie asked for a motion to adjoum.Mike Watts moved.Nick Gruber second.
Ayes:All.Nays:None.Motion carried 5-0.
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Meeting Adjourned at 10:08 PM.
Cathy Paardekooper,Deputy Clerk
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