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Home My WebLink About2004-01-20-Regular MinutesWAUKEE CITY COUNCIL MINUTES JANUARY 20,2004 (1)Call to Order -The regularly scheduled meeting of the Waukee City Council was called to order by Mayor Oberman at 7 :00 PM. (2)Pledge of Allegiance (3)Roll Call-The following members were present:Tony Oberman,Mayor,and Council members Nicholas Gruber,Donald Bailey,Jr.,JeffY.Mertz,Bill Peard and Darlene Stanton. (4)Open Forum -No one present wished to address the council on an issue not on the agenda. (5)Agenda Approval-Mayor Oberman asked for approval of the agenda as changed by moving Item 18 to Item 7A.Bill Peard moved to approve the agenda as changed.Jeff Mertz seconded the motion.Roll call:Ayes:Peard,Mertz,Gruber,Stanton,Bailey. Nays:None.Motion carried 5 -O. (6)Consent Agenda- A.Approving 12-31-03 Payroll &01-14-04 Bill List B.Approving 01-05-04 &01-12-04 City Council Minutes C.Approving Change Order No.3 for Corell Contractors,Inc.for the Ashworth Drive Water Main Improvements,Phase I an increase in the contract amount of$18,376.52 D.Approving Final Pay Estimate (No.4)for Corell Contractors,Inc.for the Ashworth Drive Water Main Improvements,Phase I in the amount of $21,839.95 E.Approving Final Pay Estimate (No.3)for Corell Contractors,Inc.for the Ashworth Drive Water Main Improvements,Phase II in the amount of$4,823.63 Darlene Stanton moved,Nick Gruber second to approve all items.Roll call:Ayes: Stanton,Gruber,Bailey,Mertz,Peard.Nays:None.Motion carried 5 -O. Bill List (01-14-04) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL, AUDITOR OF STATE GARY BRANDT CITY OF WAUKEE COMMUNICATIONS WORKERS OF AMERICA ESTELLA L COPELAND ESTELLA L COPELAND,TRUST RALPH C COPELAND,TRUST EFTPS ICMA RETIREMENT TRUST 457 IOWA PARK &RECREATION ASSOC IOWA WORKFORCE DEVELOPMENT IPERS -POLICE IPERS SAM I S CLUB TREASURER STATE OF IOWA UNITED WAY CENTRAL IOWA US POSTAL SERVICE US POSTAL SERVICE US POSTAL SERVICE WAUKEE CHAMBER OF COMMERCE TOTALS BILLS PRESENTED FOR COUNCIL APPROVAL, 625.00 37.43 1,813.39 261.45 500.00 139,723.60 139,723.60 18,986.81 1,503.84 64.00 76.18 6,321.48 9,154.95 30.49 7,031.06 35.00 1,313.83 245.80 300.00 32.00 327,779.91 A &W EELECTRICAL CONT A-D DISTRIBUTING CO INC ADAMSON INDUSTRIES CORP ALLIANCE MEDICAL ARAMARK UNIFORM SERVICES MARK ARENTSEN ARNOLD MOTOR SUPPLY BAKER &TAYLOR BOOKS BUILDING &PROPERTY MAINT LINDA BURKHART CARGILL INC-SALT DIVISION CARPENTER UNIFORM CO CFI TIRE SERVICE CITY OF INDIANOLA CLASSIC FLORAL &GIFTS COUNTRY CLINIC CRYSTAL CLEAR BOTTLED WATER DALLAS COUNTY NEWS DAN RAITT INC DEATON TRUCK &AUTO DECATUR ELECTRONICS DES MOINES INDUSTRIAL PRODUCTS DES MOINES REGISTER DES MOINES STAMP MFG CO CITY OF WAUKEE DES MOINES WATER WORKS JUSTIN DODGE ELECTRICAL ENGINEERING EQUIP ELECTRONIC ENGINEERING CO JULIE ERDMAN FESLERS INC GREATER DES MOINES PARTNERSHIP HALLETT MATERIALS HEARTLAND CO-OP HICKORY TECH HIGHSMITH COMPANY HY-VEE FOOD &DRUG CENTER HYDRO KLEAN IMAGING TECHNOLOGIES INCODE-CMS TNGRIIM LTBRIIRY SRRVTCRS IOWA ASSOCIATION BUILDING IOWA ASSOCIATION OF MUNICIPAL UTIL IOWA CONCRETE PAVING ASSOCIATION IOWA DEPT OF TRANSPORTATION IOWA LAW ENFORCEMENT ACADEMY IOWA LIBRARY ASSOCIATION IOWA SIGNAL &ELECTRIC CO IOWA STATE UNIV CONFERENCE J &M LOCK &KEY SERVICE KAR PRODUCTS KINKO'S INC LANDS END BUSINESS OUTFITTERS LASER CAR WASH THE LEARNING POST MAINSTAY SYSTEMS INC MANATTS 1,433.00 406.30 67.95 528.77 194.90 25.00 19.10 153.67 500.00 35.25 803.05 91.95 276.00 150.00 40.00 162.00 13.95 930.89 360.00 157.48 5,750.00 444.40 2,876.16 140.65 4/869.94 26,008.57 57.22 831.85 71.24 200.00 715.40 372 .90 880.74 5,504.75 2,398.77 165.93 55.10 680.85 5,351.11 398.44 1,188.30 80.00 1,725.00 120.00 320.30 125.00 126.00 9,363.50 30.00 84.00 115.43 388.00 231.45 24.00 21.48 618.00 1,440.75 ) 1 I 2 TROY MAPES MARTIN MARIETTA AGGREGATE MENARDS MICROMARKETING LLC MID AMERICAN ENERGY MID IOWA SALES COMPANY MID STATES FORD INC MIDWEST ENVIRONMENTAL SERVICES MOBILE VISION MUNICIPAL SUPPLY DENISE MURANO DEVON MURPHY-PETERSEN NAPA AUTO PARTS STORE NATIONAL WATERWORKS INC NOGG CHEMICAL &PAPER OFFICE DEPOT OLSON BROTHERS OLSON'S BODY &PAINT OMB POLICE SUPPLY CATHY PAARDEKOOPER PLUMB SUPPLY COMPANY PR DIAMOND PRODUCTS INC PRAIRIE I-NET PRAXAIR DISTRIBUTION #440 PRESS CITIZEN SHOPPER PURCHASE POWER QUALITY FORD OF WDM RAK INDUSTRIES RECORDED BOOKS LLC BETH RICHARDSON RS STOVER COMPANY BECKY SCHUETT SECRETARY OF STATE SELECT OFFICE SYSTEMS SNYDER PHOTOGRAPHY SPRING VALLEY WIRELESS STAR EQUIPMENT LTD STATE HISTORICAL SOCIETY LARRY STONE SWEATSHIRTS BY LJS TEAM TWO INC LISA TORGERSON TRIPLE T ENTERPRISES INC TRIPLETT OFFICE ESSENTIAL TRUCK EQUIPMENT INC UNIVERSAL PRINTING SERVICES UNIVERSITY OF IOWA HYGIENE LAB US ENERGY SERVICES INC US POSTAL SERVICE VERIZON WIRELESS WASTE MANAGEMENT OF IOWA WAUKEE AUTO WASH WAUKEE HARDWARE &VARIETY WAUKEE ROTARY CLUB WAUKEE STATE-LIBRARY PETTY CASH CHAD WEAVER MARGGIE WEIR 10.00 391.11 144.45 15.00 2,165.22 128.69 609.31 842.00 200.00 5,849.66 35.00 28.08 191.80 250.50 223.76 638.88 445.41 84.00 135.99 86.33 58.29 715.00 149.85 43.23 232.00 1,019.00 238.44 458.50 232.10 5.04 603.04 3.96 10.00 6,069.72 90.00 55.00 110.00 19.95 13.00 272.00 195.51 44.35 774.00 452.30 4.07 1,048.90 198.00 248,629.48 103.00 25.93 24,778 .47 210.00 530.40 250.00 245.21 34.00 20.00 3 TOTALS 380,541.42 (7)Mayor's Report:Mayor Oberman attended the second League of Cities Workshop which covered the budgeting process.Assisted Council members Gruber and Bailey in reviewing presentations for the non-represented employee compensation review. Attended the Mid-Iowa Association of Local Governments meeting and visited with Mark Wandro,IA DOT Director.Attended the MPO meeting,the Town Hall Meeting of Congressman Tom Latham and attended the Waukee Chamber of Commerce annual meeting and dinner.Future meetings will include a meeting with Superintendent Stalker and Assoc.Superintendent Wilkerson and other representatives of the Waukee Schools, the budget meeting on the 26th of this month and the strategic planning meeting on the 29th•The Mayor introduced the Developer's Roundtable and announced the first meeting as February 9,2004 at 7:00 PM at City Hall. (7 A)Receive/File:Ms.Linda Schaut,Director of the Greater Dallas County Development Alliance will present a recap of 2003 activities and will present the annual report Director Linda Schaut discussed the activities of the Greater Dallas County Development Alliance including West Des Moines,Clive and Urbandale.The organization was involved in a number of significant proj ects and encouraged capital investment of over $37 million,helped to create 125 jobs,helped to retain 95 jobs; worked closely with the Mayor and others in the city to promote joint effort ofWDM and Waukee in the building of the 1-80 interchange;the regional airport -now known as the West Metro Regional Airport -study is progressing.Our Waukee representative,Larry Lyons,has attended every meeting and Waukee has been well represented by him.The Master Plan will be completed in about two to three weeks and will be submitted to the council.A labor shed study with the assistance of J ody Gunderson,was completed the past summer.It is now possible to identify labor pools by zip code;so that advertising would be targeted to those areas when job opening occur in our city.The organization has also entered data into the database for the state which is called Location One Information System or LOIS.This can be reviewed through the Development Alliance web site.Don Bailey,Jr.moved to receive/file the report.Bill Peard second.Roll call: Ayes:Bailey,Peard,Gruber,Stanton,Mertz.Nays:None.Motion carried 5 -O. (8)Resolution:Approving the additional cost incurred by Murphy Bros.,Inc for the 20031-80 Natural Gas Main Extension due to the bike trail easement Don Bailey,Jr. moved to approve this resolution.Nick Gruber second.Nick Gruber indicated he agreed with the letter from Paul Huscher,City Attorney.There was no other discussion.Mayor Oberman requested a roll call.Roll call:Ayes:None.Nays:Bailey,Gruber,Stanton, Peard,Mertz.Motion to approve the resolution was defeated 0 -5. Council member Bill Peard mentioned that the council did not move Item 28 to Item 7b when approving the agenda and asked if the council would consider moving the Item to 8a now.Mayor Oberman asked for a motion to approve such an action.Bill Peard moved;Darlene Stanton second to move Item 28 to Item 8A.Roll call:Ayes:Peard, Stanton,Gruber,Mertz,Bailey.Nays:None.Motion carried 5 -O. (8A)Receive/File:Presentation of Options for Possible Ladder Truck Purchase Fire Chief Sesker was asked by the council to present information regarding purchase of a new ladder huck vs.purchase of a used ladder truck.In response to questions of council,the Fire Chief indicated the driving force for the purchase of a ladder trucIe is to ensure that the city can protect life and property,The current ground ladders will not reach the third floor ofthose buildings and homes which are three stories in height.We 1 1 4 have access to ladder trucks from West Des Moines.However,the distance the ladder truck has to come,the time of day,the denseness of traffic,the personnel available in WDM are all factors in the speed in which a ladder truck would arrive from West Des Moines.Fire Chief Sesker indicated that when our city was reviewed to,hopefully,gain an improved ISO rating,the individual analyzing om community indicated that we were now a ladder truck community and a three pumper community.We were,in fact, penalized for not having a ladder truck and for not having a third or second pumper. After much discussion,the council asked Chief Sesker to request an extension oftime to get back to the company holding a fire truck for us in Houston,Texas.The city council will review the possibility of purchasing the fire truck at the special meeting to be held Monday,January 26.Darlene Stanton moved to receive/file.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz,Peard,Gruber,Bailey.Nays:None.Motion carried 5 -O. (9)Public Hearing:On 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 R-3 (Multi-Family Residential District)to PD-1 (Planned Development Overlay District);and amend the Official Zoning Map to show re-zoning (also known as Williams Pointe Condominiums)Mayor Oberman opened the public hearing.Mark Arentsen indicated that he had not received any written comments conceming this re-zoning.Brad Cooper,with Cooper Crawford,was present to discuss the development.Joe Schmidt,member of the Planning &Zoning Commission,and at the request of council member Jeff Mertz,discussed the actions of the P&Z as related to this development.Given no further discussion,Mayor Oberman closed the public hearing. (10)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 R-3 (Multi-Family Residential District)to PD-1 (Planned Development Overlay District);and amend the Official Zoning Map to show re-zoning (Williams Pointe Condominiums)(intro and first reading)Darlene Stanton introduced the ordinance.Nick Gruber moved to have the first reading in title only.Bill Peard second.Roll call:Ayes:Gruber,Peard,Stanton,Bailey,Mertz.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (11)Resolution:Approving Site Plan for Williams Pointe Condominiums Council member Don Bailey,Jr.moved to approve the resolution.Jeff Mertz second.Mr.Brad Cooper of Cooper Crawford and Associates present to discuss the William Pointe Condominiums.Mr.Cooper indicated that the new elevations show at least 40%hard surface on the exterior of the building.A total of 412 units are proposed for this area including three-story 36 unit buildings in the center and two-story 16 and 20 unit buildings around the outside.Overall density in this project is 17 units per acre.Brick Drive will be extended from Olson Drive to University Ave with a wider than normal intersection at University.Almost all,if not all,connnents have been addressed.Mark Arentsen indicated that in a previous meeting Mike Simonsen,the architect,agreed to put brick on the front of the garages that do not face other garagcs.Iapproximatcly 13 garages).Darlene Stanton,Mayor Obe1T11anand Jeff Mertz expressed appreciation for the development.Public Works Director John Gibson inquired as to the direction of the flow for sanitary sewer.It was originally to the north;but,will now be flowing to the south and will empty into the University Avenue Trunk Sewer.This shift has changed 5 the location of the sanitary sewer lines from the back of buildings to undemeath the streets.Nick Gruber suggested that we needed to include in the motion the 40%hard surface for garages that do not face other garages.Don Bailey,Jr.indicated that he accepted that change to his motion.Jeff Mertz seconded the changed motion.Roll call: Ayes:Bailey,Mertz,Stanton,Peard,Gruber.Nays:None.Motion carried 5 -O. (12)Resolution:Approving Preliminary Plat for Legacy Point Plat 1 Jeff Ewing of Ewing Land Development and Services present to discuss the progress of the development.Mr.Ewing indicated that the developer of the car wash lot has agreed to all P &Z requirements.Darlene Stanton moved to approve this resolution.Nick Gruber second.Roll call:Ayes:Stanton,Gruber,Bailey,Peard,Mertz.Nays:None.Motion carried 5 -O. (13)Resolution:Approving Final Plat for Legacy Pointe Plat 1 Jeff Mertz moved to approve the resolution.Bill Peard second.John Gibson asked that the Final Plat be approved contingent on a Developer's Agreement between Ewing Land Development and the City of Waukee stating that the City will not approve any additional parcels within the Legacy Pointe Development until the portion of Legacy Pointe Boulevard that is located on tbe Carole Crate property is installed.-The problem for the City is that we want assurance normally in the form of a bond that Legacy Pointe Boulevard will be completed as designed.The problem for the developer is that he cannot bond for the completion of improvements for the City of Waukee when those improvements are occurring on land located in Clive.Thus the contingency or developers agreement is the City's attempt to replace the bond with a requirement which assures the City at the time of filing the Final Plat that the developer will proceed with all necessary speed to correct the issue and construct the rest of Legacy Point Boulevard.This contingency has nothing to do with Phase I,just Phase II.Roll call:Ayes:Mertz,Peard,Gruber,Bailey,Stanton. Nays:None.Motion carried 5 -O. (14)Resolution:Approving Construction Plans for Westgate Plat 7 Melissa Fawley of CEC,2400 ss"Street in Urbandale,here on behalf Westgate Partnership for construction rights for Westgate Plat 7.This is the final plat in the Westgate Development.It will tie together the Westgate and the Willowbrook Developments.SE Westgate Drive and SE Murphy Drive will continue through Plat 7.There will be a total of28 units in this development.Westgate Partnership will extend water,storm and sanitary sewer throughout the development.Detention is being provided in the Windfield Development located southwest of this.Most,ifnot all,of the engineer's comment lelters have been addressed.Darlene Stanton moved to approve the resolution.Nick Gruber second.Roll call:Ayes:Stanton,Gruber,Mertz,Bailey,Peard,Nays:None.Motion carried 5 -O. (15)Resolution:Approving Site Plan for Riekes Material Handling Tom Howard, President ofReikes Material Handling presented the project being built on Westbrook east of Alice's Road.Reikes is an industrial distributor of material handling equipment, industrial scales,packaging equipment,supplies.Reikes has been a business since 1937 and is currently located in NE Des Moines.Greg Wattier of Wattier Architecture,Inc. also present to answer any questions,Brief discussion concerning zoning districts occurred.Joe Schmidt discussed that P&Z didn't apply the overlay district to the district being discussed.Darlene Stanton indicated the lights didn't seem to be environmentally friendly.Mr.Wattier assured council member Stanton that back lights over the dock needed to project out;but only did so for less than the length of semi truck,the pedestrian ) 1 J 6 lighting would be 3'6"high and project down and toward the building and the wall pak lights will remain the same and will go off in the evening,The council members were pleased with the appearance of the building,Darlene Stanton moved to approve the Site Plan for Riekes Material Handling,Don Bailey,Jr.second,Roll call:Ayes Stanton, Bailey,Mertz,Gruber,Peard,Nays:None,Motion carried 5 -0, (16)Resolution:Approving Agreement with Public Sector Personnel Consultants to Conduct Compensation Review for Non-Represented Employees for an amount not to exceed $15,000 Council member Gruber asked Mark Arentsen to discuss the modified proposaL The cost of the job description review has been reduced by 50%to account for any additional costs that the city might have,The scope of services has changed in that the AEP (Merit Pay)Concept will be provided and the cost of which appears to be added to the base cost.Council member Don Bailey,Jr.moved to approve the resolution not to exceed $15,000,Nick Gruber seconded the motion,Mayor Oberman supported the committee's choice of consultants,Nick Gruber and Don Bailey,members of the committee,also share their thoughts and appraisal of the three consultants who submitted proposals,Roll call:Ayes:Bailey,Gruber,Mertz,Peard,Stanton.Nays:None.Motion carried 5 -0. (17)Resolution:Approving Farm Lease with J.Harry Copeland for farming 40 tillable acres located at SWy.sWY.of Sec 36,T79,R27 Nick Gruber moved to approve the resolution,Darlene Stanton second,Brief discussion.Council member Jeff Mertz indicated that he would like to see the money received from leasing the property for agricultural purposes set aside to be dedicated for use in planning or development ofthe property at a later time,Mark Arentsen indicated we could do that.Roll call:Ayes Gruber,Stanton,Mertz,Peard,Bailey,Nays:None,Motion carried 5 -0, (18)Receive/File:This item moved to 7A. (19)Ordinance:Approving an ordinance to amend Chapter 301,Section 301.13, Waukee Municipal Code,Zoning Ordinance by deleting §301.13(A)(2)and inserting in lieu thereof the following:"Multiple family dwellings (apartments and condominiums), exclusive of row dwellings and townhomes,consisting of not more than twenty-four (24)dwelling units in one building."(third reading)Nick Gruber moved to have the third reading in title only and to place this ordinance on its final passage.Darlene Stanton second,Roll call:Ayes:Gruber,Stanton,Mertz,Peard,Bailey.Nays:None, Motion carried 5 -O.Mark Arentsen read the ordinance in title only,Mayor Oberman declared this ordinance passed and duly adopted. (20)Ordinance:Approving an ordinance to amend Chapter 301,Section 301.14, Waukee Municipal Code,Zoning Ordinance by deleting said section and by inserting in lieu thereof a revised §301.14,""R-4"Row Dwelling and Town/tome District"(third reading)Darlene Stanton moved to have the third reading in title only and to place this ordinance on its final passage,Jeff Mertz second,Roll call:Ayes:Gruber,Stanton, Mertz,Peard,Bailey.Nays:None,Motion carried 5 -0,Mark Arentsen read the ordinance in title only.Mayor Oberman declared this ordinance passed and duly adopted, (21)Ordinance:Approving an Ordinance to amend Chapter 303,Waukee Municipal Code,Section 303.148 by deleting from said section the words "acceptance of the improvements by the city council"and by inserting in lieu thereof:"submitting the final plat for city council approval"so that Section 303.148 reads:"The subdivider 7 shall at the time of submitting the final plat for city council approval,post maintenance bonds in an amount described herein as sufficient and as approved by the city attorney as to form,sufficiency and manner of execution as set forth in these regulations" (third reading)Don Bailey,Jr.moved to have the third reading in title only and to place this ordinance on its final passage.Nick Gruber second.Roll call:Ayes:Bailey,Gruber, Peard,Stanton,Mertz.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only.Mayor Oberman declared the ordinance passed and duly adopted. (22)Ordinance:Approving an ordinance to amend Chapter 303,Waukee Municipal Code,Subdivision Regulations Ordinance of the City of Waukee,Iowa,by inserting into Section 303.150,after the word "acceptance"the words "by Certificate of Completion"so that the time period of maintenance bonds begins to run upon acceptance by Certificate of Completion by the City Council (second reading)Nick Gruber moved to have the second reading,waive the third reading and place this ordinance on its final passage.Darlene Stanton second.Roll call:Ayes:Gruber,Stanton, Bailey,Peard,Mertz,Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only.Mayor Oberman declared the ordinance passed and duly adopted. (23)Ordinance:Approving an ordinance to amend Section 304.11,Waukee Municipal Code,Chapter 304,Site Plan Requirements of the City of Waukee,Iowa,by deleting said section and substituting in lieu thereof a revised Section 304.11 which providesfor city staff review of any improvement which increases the size of a building,lot,parking area,etc.by less than 25%of the original size;and whiclt provides for a full review by the Planning and Zoning Commission and City Council of any such improvements where the increase in size is greater than 25%of the original size (second reading) Darlene Stanton moved to have the second reading in title only.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz,Bailey,Gruber,Peard.Nays:None.Motion carried 5 -O. Mark Arentsen read the ordinance in title only. (24)Ordinance:Approving an ordinance to amend Chapter 304,Section 304.11, Waukee Municipal Code,Chapter 304,Site Plan Requirements for the City of Waukee, Iowa,by adding Section 304.11 (B)to provide for continued compliance with regulations set forth in Chapter 304 when improving or maintaining buildings or site features;and to ensure that existing non-compliance of buildings or site features decreases or remains the same (second reading)Darlene Stanton moved to have the second reading in title only.Jeff Mertz second.Roll call:Ayes:Stanton,Mertz,Peard, Gruber,Bailey.Nays:None.Motion carried 5 -O.Mark Arentsen read the ordinance in title only. (25)Motion:Setting dates for City Council regularly scheduled meetings in February and March as being Feb.9 and 23 and March 8 and 22 Brief Discussion.Jeff Mertz moved to hold the council meetings February 2 and 17 and March 1 &15.Darlene Stanton second.Roll call:Ayes:Mertz,Stanton,Bailey,Gruber,Peard.Nays:None. Motion carried 5 -O. (26)Motion:Setting February 2"d (or February 9)as the date for a Public Hearing to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa,by re-zoning and changing certain property therein from R-2 (One and Two Family Residential District)to R-3 (Multi-Family Residential District);and amend the Official Zoning Map to show re-zoning (a portion of a parcel to be known as Parkview Crossing Plat 6)Nick Gruber moved to approve this motion.Darlene I ] I 8 Stanton second.Roll call:Ayes:Gruber,Stanton,Peard,Bailey,Meltz.Nays:None. Motion carried 5 -O. (27)Motion:Setting January 26,2004 as the date for a Public Hearing to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,Iowa, by adding to Legacy Pointe Planned Development Exhibit E,Item 6B permitting the building of a carwasb which is typically allowed in C-1 rather than C-1A with certain conditions added thereto so that it reads:"Lot 2 in the commercial area of Legacy Pointe will allow for a curwash.use (typically allowed in C-1 rather than C-1A).The design and materials used for this structure must be acceptable to the city.As a condition for lot 2 being used for a carwash,an office building must be constructed upon lot 3.No certificate of occupancy will be issued for lot 2 prior to one being issued for lot 3.A bond may be submitted for the construction or finishing of the office building if a certificate of occupancy for the carwaslt is requested prior to that of the office";and amend the Official Zoning Map Jeff Ewing of Ewing Land Development and Surveyors discussed the project with the council.Nick Gruber moved to approve the motion.Don Bailey second.Roll call:Ayes:Gruber,Bailey,Meltz,Stanton,Peard. Nays:None.Motion carried 5 -O. (28)Receive/File:Presentation of Options for Possible Ladder Truck Purchase This item moved to 8A. REPORTS:Reports were presented by Mark Arentsen,J ody Gunderson,Dennis Dowell,Linda Burkhart,J olm Gibson,Mil,Briedis,Chad Weaver,Paul Huscher,Darlene Stanton,Bill Peard,Jeff Meltz,Don Bailey,Jr.,Nick Gruber. At this time Mayor Oberman asked for a motion to adjourn.Darlene Stanton moved.Jeff Meltz second.Ayes:All.Nays:None.Motion canied 5-0. Meeting Adjourned at 9:05 PM. Attest: 9