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
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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.
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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
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