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HomeMy WebLinkAbout2004-06-28-Special Minutes_Joint P&Z MeetingWAUKEE CITY COUNCIL MINUTES SPECIAL AND JOINT WITH PLANNING &ZONING JUNE 28,2004 (1)Call to Order -The special meeting of the Waukee City Council was called to order by Mayor Oberman at 7:00 PM. (2)Roll Call-The following members were present:Tony Oberman,Mayor,and Council members Nicholas Gruber,Donald Bailey,Jr.,JeffV.Mertz,Bill Peard and Darlene Stanton.Planning &Zoning members present:Chairman Jerry Steele,Mel Willits,Mary White,Frank Hoifeldt,Doug Krantz,Joe Schmidt.Eric Korpanty absent. (3)Agenda Approval-The Mayor requested moving item #16 ahead of item #15.Bill Peard moved to approve the agenda.Council member Stanton seconded the motion. Roll call:Ayes:Peard,Stanton,Bailey,Gruber,Mertz.Nays:None.Motion carried 5-0. (4)Pnblic Hearing:On plans and specifications,proposed form of contract and estimate of cost for construction of the University Avenue Widening Improvement Project,No.STP-U-8177(604)-70-25 Mayor Oberman opened the public hearing. Mark Arentsen stated that the City had not received any written comments prior to the hearing.No one present wished to address the council on this issue.Mayor Oberman closed the public hearing. (5)Resolution:Finally Approving and Confirming plans,specifications.form of contract and estimate of cost for the University Avenue Widening Improvement Project,No.STP-U-8177(604)-70-25 Don Bailey,Jr.moved to approve this resolution. Council member Stanton seconded the motion.The house formerly owned by Jon and Carole Olson has been sold by the city for the moving.Roll call:Bailey,Stanton, Gruber,Peard,Mertz.Nays:None.Motion carried 5 -O. (6)Resolution:Awarding Contract for the University Avenue Widening Improvement Project,No.STP-U-8177(604)-70-25 Nick Gruber moved to approve awarding the contract to Cedar Valley Corporation in the amount of $2,247,402.75.Council member Peard seconded the motion.Roll call:Ayes:Gruber,Peard,Stanton,Bailey,Mertz. Nays:None.Motion carried 5 -O.Mark Arentsen stated that the City has reached an agreement with the last property owner on University Avenue.The scheduled condemnation hearing scheduled has been cancelled. (7)Resolution:Approving Construction Plans for Legacy Pointe Darlene Stanton moved to approve.Council member Mertz second.Public Works Director Jobn Gibson indicated a comment letter which did not make the packets was discussed and has been worked out with the developers.No further discussion.Roll call:Ayes:Stanton,Mertz, Peard,Gruber,Bailey.Nays:None.Motion carried 5 -O. (8)Resolution:Approving Construction Plans for Grace Woods Darlene Stanton moved to approve.Council member Mertz seconded the motion.Council member Bailey wanted to be sure that all of the various concerns for this project were resolved. Mark Arentsen indicated the issues had been worked through.Roll call:Ayes:Stanton, Mertz,Bailey,Peard,Gruber.Nays:None.Motion carried 5 -O. (9)Resolution:Approving Development Agreement with Painted Woods Development Company Joint Venture for Painted Woods Development The greatest difficulty in approving this agreement was to determine how this area would be assessed when public improvements occurred where the area or a portion of the area was benefited by the improvement.The developer will propose any and all assessments for public; improvements be assessed equally among the forty-two lots.This proposed assessment method will be a covenant running with the land and the developer and the covenant of each lot shall waive any objection to the legality of the City spreading special assessments equally among the projected forty-two lots.Other issues and concems were raised.Mayor Oberman suggested this item be postponed until just before Item 15.A recess will be taken prior to Item 15 so that council members have an opportunity to review the development agreement. (10)Resolution:Approving Pre-Annexation Agreement with Stanley and Jayne Venard Darlene Stanton moved to approve.Bill Peard second.Discussion concerning the cost per sq foot for installation of storm sewer,curb and gutter on the Venard's frontage on V Avenue.Mr.Lillis,counsel for Stanley and Jayne Venard,indicated he felt the amount should be $65.00 and Mr.Arentsen indicated his memo reflected a cost of $67 per square foot.After further discussion,Bill Lillis as counsel agreed to $67 per square foot and agreed to change the Pre-Annexation Agreement to reflect the change in cost.Nick Gruber moved to amend the agreement and the resolution to reflect a cost of $67.00 per sq foot for storm sewer,curb and gutter or a total of $5,360.Council member Peard seconded the motion.Council member Bailey and Council member Peard expressed appreciation for the residents'coming into the City.Roll call on the amendment:Ayes:Gruber,Peard,Bailey,Mertz,Stanton.Nays:None.Motion carried 5 -O.Council member Bailey asked for an update on the re-zoning issue.The city is not promising any re-zoning in particular but does promise to consider the request for re- zoning when made.Roll call on the Resolution as amended:Ayes:Stanton,Peard, Gruber,Bailey,Mertz.Nays:None.Motion carried 5 -O. (11)Resolution:Approving Pre-Annexation Agreement with Mark and Pamela Venard Darlene Stanton moved to approve the resolution.Council member Mertz seconded.Brief discussion concerning the re-zoning of the property and council member Bailey's concem that the council be fair with the property owners at the time for request ofre-zoning.Roll call:Ayes:Stanton,Peard,Mertz,Gruber,Bailey.Nays:None. Motion carried 5 -O. (12)Resolution:Approving Pre-Annexation Agreement with William and Carolyn Hermann Darlene Stanton moved to approve the resolution.Council member Mertz seconded.Brief discussion.Roll call:Ayes:Stanton,Mertz,Peard,Bailey,Gruber. Nays:None.Motion carried 5 -O. (13)Resolution:Approving Pre-Annexation Agreement with William J.Hermann,Jr., Nancy J.Hines,Kathleen M.Michael Nick Gruber moved to approve the resolution. Council member Mertz seconded.No discussion.Roll call:Ayes:Gruber,Mertz, Bailey,Stanton,Peard.Nays:None.Motion carried 5 -O. (14)Discussion:On request/or lot split in Hunter Hollow -Property owner is John Brummett (Joint P&Z and council discussion)John Bnunmett was present for the meeting.Mark Arentsen indicated that the biggest difference with respect to Mr. Brummett's proposal is his request for annexation after five years.Mr.Arentsen indicated that for the most part a request for sub-division is accompanied by an annexation to the city,when possible.Joe Schmidt indicated he felt that the subdivided lots should be required to connect to the sewer system when that system becomes available to ensure consistent and equal development.Darlene Stanton indicated that the I ] J 2 road width within the development would need to be changed at the time of annexation and the cost would be born by the property owner.Nick Gruber indicated that this should be noted at the time of sale of property and recorded with transaction.Don Bailey questioned the intent of a letter sent to Mr.Brummett over a year ago.Planning Director Chad Weaver indicated that at the time,many of the improvements required of developers within the City,were not required ofthose developers outside the city limits. Mr.Weaver went on to say that the City could begin to require various improvements prior to subdivision of the land regardless of the location ofthe land.Public improvements would have to be identified by the City Engineer or Public Works Director.Mr.Brummett,3247 Skyridge Drive,Waukee,understood that annexation would not be an issue -that subdivision would occur and the sale oflots or the building on another lot would be permitted without annexation occurring for five years.Council member Mertz is willing to permit subdivision following the City guidelines concerning subdivisions with annexation occurring five years later or at the time Hunter Hollow comes in.Further discussion of the annexation time frame continued.Whether annexation can be required of individuals who buy the subdivided property within the five year period is a question to be answered by the City's attorney.Mary White asked how long it would take the City to provide services to the area.Mark Arentsen did not want to set a precedent of five years time frame for annexation.Council member Mertz suggested running this through a full P&Z meeting to get a recommendation.Mark Arentsen suggested that the proposed subdivision go through the process prior to the P&Z meeting.-John Gibson would be willing to determine the cost estimate of the engineer's review.Staff will follow this item and report back at the next j oint P&Z and Council meeting. (16)Resolution:Accepting work covering the R-22 Sanitary Sewer Improvements Project Nick Gruber moved to approve the resolution.Bill Peard second.Roll call: Ayes:Gruber,Peard,Bailey,Mertz,Stanton.Motion carried 5 -O. Ten minute recess prior to considering Item 9 (9)Resolution:Approving Development Agreement with Painted Woods Development Company Joint Venture for Painted Woods Development Nick Gruber moved to approve the resolution.Jeff Mertz second.City Attorney Paul Huscher has reviewed the agreement.Attorneys Bob Josten and John Danos in cooperation with the developer and the City have worked out the method for assessment for public improvements.Roll call: Ayes:Gruber,Mertz,Stanton,Bailey,Peard.Nays:None.Motion carried 5 -O. (15)Discussion:On P&Z Items F,H through 0 plus amendment to 301.27, 301.27(C)(2),downtown building standards and R-4 Site Plan Requirements The group started with Topic F -Examination of existing zoning designations and discussed Topic J -Locations where zoning and comp plan are in conflict.The Council discussed zoning,zoning districts,zoning currently on the ground and zoning and comp plan conflicts.The discussion for these items covered many different aspects.The group seemed to agree that the following could occur within the next three or four weeks:(1) Review and begin to rework the comp plan.(2)Visit with land owners with zoning on the ground as to developments that may occur within the next six or twelve months.(3) Determine if we need more zoning districts or if we need conditional zoning.(4)Prepare a presentation of comp plan and zoning and overlay with proposed changes to both. 3 The next discussion item was Item I -Consider limiting alcohol &cigarette sales near schools.Two or three council members discussed the concept oflegislating against alcohol &cigarette sales near schools and suggested that rather than the city legislating again,families should be responsible for regulating the use of the substances by their children.The discussion soon devolved to the proposed location of a convenience store at the southeast corner of SE University and L.A.Grant Parkway.Several council members thought that pedestrian safety and traffic were the main reasons for not permitting a convenience store at that location.Further discussion also brought out that the architectural standards established by the buildings in the area and the proposed use of some of the land would not include the architecture usually associated with a convenience store.Road access to a convenience store on that corner is a major issue. Off street parking areas and driveways consisting of gravel were discussed briefly. (16)Resolution:Accepting work covering the R-22 Sanitary Sewer Improvements Project Moved ahead of Item IS. Mayor Oberman asked for a motion to adjourn.Jeff Mertz moved to adjoum and to schedule the next joint meeting for the 23rd of August.Darlene Stanton second.Ayes: All.Nays:None.Motion carried 5-0. Meeting Adjoumed. C.Paardekooper,Deputy Clerk 1 ]Attest: I 4