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HomeMy WebLinkAbout2007-06-18-Regular MinutesCITY OF ..f) Jl~~~!!:'\J WAUKEE CITY COUNCIL MINUTES June 18,2007 (A)Call to Order -The regular meeting of the Waukee City Council was called to order by Mayor Peard at 7:01 p.m.in the Council Chambers at City Hall. (B)Pledge of Allegiance (C)Roll Call-The following members were present:Mayor William F.Peard;Council Members Don L.Bailey,Jr.;C.Isaiah McGee;Mike Watts.Absent:JeffV.Mertz; Darlene Stanton. (D)Open Forum -Jane Olson,representing the Waukee Area Arts Council,spoke about that group's summer programs,specifically the "Jazz in July"event to be held Thursday,July 12 at Triangle Park.Ms.Olson requested that the Council waive the application fee for a required noise permit and asked for any additional funds the City might provide.Council Member McGee asked Ms.Olson for exact figures related to the costs associated with the event.In a separate matter,Council Member Bailey mentioned a phone call he'd received from a concerned citizen regarding enforcement of the noise ordinance;City Administrator/Clerk Kooistra stated that City staff would investigate the matter. (E)Agenda Approval -Motion by Council Member Bailey,seconded by Council Member McGee,to approve the agenda,tabling items G I,J4,L and M and moving consideration of item J1 to follow item n.After some discussion,Council Member Bailey amended the motion to approve the agenda,tabling items GI,n,J4,L and M and moving consideration of item J1E9 in the Consent Agenda to follow item n;Council Member McGee amended the second.Roll call:Ayes:Bailey,McGee,Watts.Nays:None.Absent:Mertz,Stanton. Motion carried 3 -0 -1. (F)Mayor's Report -Mayor Peard reported a successful trip to Washington,D.C.with other members of the Council and representatives from the Waukee Area Chamber of Commerce.He also attended the June 13 Waukee Farmer's Market. (G)Presentations: 1)TABLED (H)Public Hearings: 1)On the consideration of bids for the purchase of $5,675,000 Natural Gas Utility System Revenue Bonds,Series 2007 -Mayor Peard opened the public hearing and asked if any written correspondence had been received;City Administrator/Clerk Kooistra replied in the negative.Mayor Peard asked if anyone present wished to address the Council on the issue.Jon Burmeister of Public Financial Management (PFM)addressed the Council to review bids received and recommended awarding the bid to Bemardi Securities of Chicago,IL.Council Member Bailey asked if there were any penalties for early payment;Mr.Burmeister responded that there were no such penalties after the first eight years of payment of the bonds.Mayor Peard declared the public hearing closed. (I)Public Hearing Action Items: 1)Resolution:Consideration of a resolution authorizing and approving a Loan Agreement and providing for the sale and issuance and securing the payment of $5,675,000 Natural Gas Utility System Revenue Bonds,Series 2007 -Motion by Council Member McGee,seconded by Council Member Bailey,to approve the resolution awarding the bid to Bernardi Securities of Chicago,IL.Council Member Bailey questioned a difference in payment amounts between the resolution and the bid tabulation;Jon Burmeister of Public Financial Management (PFM)responded that the difference included a standard underwriter's discount.Roll call:Ayes:McGee,Bailey, Watts.Nays:None.Absent:Mertz,Stanton.Motion carried 3 -0 -2.(Resolution #07-114) (J)Action Items 1)Consent Agenda A.Consideration of 06/18/07 Bill List and 05/31107 Payroll: CHECKS ISSUED PRIOR TO COUNCIL APPROVAL 06/18/07: ALL-STAR STRIKE ZONE AMAZON CREDIT PLAN BANK OF AMERICA BANK OF THE WEST BRICK LAW FIRM CENTRAL IOWA OFFICIALS CITY OF WAUKEE CITY OF WAUKEE COMMUNICATIONS WORKERS OF DELlC,EKREM DEZOTO,KARL/MELISSA DOLL DISTRIBUTING,LLC DRAKE COMPANIES LLC DRAKE COMPANIES LLC DRAKE COMPANIES LLC DRAKE COMPANIES LLC EFTPS FIRST AMERICAN BANK -CITY GOBBER,ROD &LISA GREEN,MIKE HILLEGASS,ROBERT RICK M HOELSCHER,WARREN /EMILY HUBBELL HOMES HUBER,MICHAEL/LINDSEY ICMA RETIREMENT TRUST 457 IOWA ASSOCIATION OF CHIEFS IOWA BEVERAGE SYSTEMS INC IOWA DEPT OF HUMAN SERVICES IPERS IPERS -POLICE JOCHIMS/GRACEWOOD LLC KELLY,THOMAS J KUBIAK,CHRIS /DYANA LEGACY CONSTRUCTION INC LORMAN EDUCATION SERVICES LOS TRES AM lOGS MCHUGH,L1AM /RACHEL MEDIACOM O'DONNELL,RYAN F SOFTBALL PITCHING CAMP BOOKS MAY '07 STATEMENT -GUNDERS MAY '07 STATEMENT -LIBRARY CLAYTON PROPERTY DEPOSIT COED SOFTBALL LEAGUE ALICE'S ROAD RECONSTRUCTION PAYROLL TAXES &REIMBURSEMENTS PAYROLL TAXES &REIMBURSEMENTS UTILITY REFUNDS UTILITY REFUNDS BEER DELIVERY UTILITY REFUNDS UTILITY REFUNDS UTILITY REFUNDS UTILITY REFUNDS PAYROLL TAXES &REIMBURSEMENTS DC TRIP PETTY CASH UTILITY REFUNDS UTILITY REFUNDS UTILITY REFUNDS UTILITY REFUNDS UTILITY REFUNDS UTILITY REFUNDS ICMA RETIREMENT 07 DSM BACON BALL TOURNEY A BEER DELIVERY PAYROLL TAXES &REIMBURSEMENTS IPERS DEDUCTIONS IPERS DEDUCTIONS UTILITY REFUNDS UTILITY REFUNDS UTILITY REFUNDS UTILITY REFUNDS WATERSHED CONF.-CORKREAN 5YR.ANNIVERSARY -J.MILLE UTILITY REFUNDS MAY '07 STATEMENT -FIRE DE UTILITY REFUNDS 2 $667.80 36.98 651.95 85.59 28,500.00 1,232.00 9,300.00 864.94 371.25 100.00 100.00 693.75 77.92 90.79 159.72 88.03 34,403.88 400.00 100.00 26.13 32.49 50.00 309.18 91.16 3,225.76 150.00 627.85 703.99 18,009.39 8,386.05 190.13 100.00 100.00 72.41 199.00 25.00 100.00 79.95 100.00 I O'ROURKE,KIM PORTER,JEREMY/RACHEL REGENCY BUILDERS INC REGENCY HOMES SAM'S CLUB SHAVER,JEFF 1 AMANDA TERRAZZINO,AMY C TOTAL ADMINISTRATIVE SERVICES TREASURER STATE OF IOWA UNITED WAY CENTRAL IOWA US ENERGY SERVICES INC US PHYSICAL THERAPY INC. US POSTAL SERVICE US POSTAL SERVICE WOODY'S SMOKE SHACK 'TOTALS' UTILITY REFUNDS UTILITY REFUNDS UTILITY REFUNDS UTILITY REFUNDS MAY '07 STATEMENT -LIBRARY UTILITY REFUNDS UTILITY REFUNDS PAYROLL TAXES &REIMBURSEMENTS STATE TAX WITHHOLDINGS PAYROLL TAXES &REIMBURSEMENTS MAY '07 STATEMENT UTILITY REFUNDS MAY '07 UTILITY BILLS LANDFILL COMMISSION MAILER GOLF COURSE -CATERED MEAL UNPAID BILLS PRESENTED FOR APPROVAL 6/18/2007: CITIZEN OF THE YEAR PLAQUE TEMPAP HELP CUP BRUSH GAS PRODUCTS TONER AIR FILTERS AUDIO CABLE CATCH BASINS/FLXCP/GRATE POP FY08 DUES ICEIWATER PARTS POP CALIBRATION IRRIGATION REPAIRS MAY '07 STATEMENT GREASE FITTING/CHOPSAW WHEEL KYBO RENTAL MAY '07 KYBO RENTAL -PARKS MAY '07 STATEMENT NEIGHBORHOOD SUPPLEMENT/SUBS PRO SHOP MERCHANDISE UNIFORMS SERVER BOOKS TIRE REPAIRS CD OVERLAY KIT MAY '07 STATEMENT '00 FORD EXPLORER REPAIRS CHAINSAW REPAIRS WATER 3 60.97 24.73 45.51 97.22 78.74 100.00 100.00 1,907.63 10,840.00 17.00 115,482.68 19.96 1,449.48 1,219.93 315.00 $242,261.94 $76.34 660.00 54.98 3,301.00 109.95 100.25 4.99 792.16 909.05 292.00 268.45 80.85 217.78 168.80 160.00 1,243.09 92.89 300.00 200.00 11,780.56 860.59 210.50 114.20 59.84 115.02 654.31 205.32 169.59 1,719.02 119.11 13.00 DALLAS COUNTY NEWS DALLAS COUNTY RECORDER DES MOINES STAMP MFG CO DES MOINES UNIV CLINIC DES MOINES WATER WORKS DESIGN ALLIANCE INC DIRECTV DORRIAN HEATING &COOLING DOUGLAS OWENS ED M FELD EQUIPMENT CO ELECTRIC PUMP &TOOL ELECTRONIC ENGINEERING CO EXCEL BUSINESS SUPPLIES FAREWAY STORES FARNER-BOCKEN COMPANY FASTENAL COMPANY FASTPRO INTERNATIONAL INC FIRST AMERICAN BANK-L1BR CASH FOOTJOY FSH COMMUNICATIONS G &K SERVICES GREENWOOD'S SEWER SERVICE HAMMER MEDICAL SUPPLY-CLIVE HAWKEYE AUTO SALVAGE INC. HD SUPPLY WATERWORKS HEARTLAND CO-OP HICKORY TECH HOPKINS SPORTING GOODS HORNUNG'S GOLF PRODUCTS HYDRO LOGIC HYDRO METERING TECHNOLOGY HY-VEE FOOD &DRUG CENTER IMAGING TECHNOLOGIES INDUSTRIAL SALES COMPANY INGRAM LIBRARY SERVICES INTERSTATE ALL BATTERY CENTER INTERSTATE BATTERY SYSTEM IOWA ASSOCIATION OF MUNICIPALITIES IOWA DEPT OF NATURAL RESOURCES IOWA FIRE EQUIPMENT COMPANY IOWA ONE CALL IOWA SIGNAL &ELECTRIC CO J &N ENTERPRISES INC JAMIE LEA'S INC KUM &GO LANDS END BUSINESS OUTFIT LANGUAGE LINE SERVICES LASER CAR WASH LAW ENFORCEMENT TARGETS,INC LAWSON PRODUCTS INC MAY '07 STATEMENT WARRANTY DEED/AGREEMENTS STAMP VACCINE MAY '07 STATEMENT MAY '07 STATEMENT APRIL '07 STATEMENT HUMIDIFIER REPAIRS FURNACE REBATE GUAGE LINE STRAP REPAIRS PARTS TOWER SERVICE-FIRE OFFICE SUPPLIES GROCERIES CHIPS/ICE CREAM SUPPLIES FIRST AID KIT SUPPLIES MAY '07 PETTY CASH-LIBRARY PRO SHOP MERCHANDISE JUNE '07 STATEMENT MAT SERVICES CLEAN STORM LINE OXYGEN STEERING GEAR RACK PARTS MAY '07 STATEMENT JUNE '07 STATEMENT BASKETBALL NET/HOME PLATE PRO SHOP MERCHANDISE IRRIGATION PARTS METERS GROCERIES COLOR PRINTER MAINT METER BARS BOOKS BATTERIES BATTERY WORKSHOPS/MANUALS OPERATOR CERTIFICATE-VOEGTLE FIRE EXTINGUISHER INSP/SERV MAY '07 STATEMENT MAY '07 SIGNAL RENT/REPAIRS PARTS SANDWICHES MAY '07 STATEMENT-FIRE SHIRTS JUNE '07 STATEMENT MAY '07 STATEMENT-POLICE TARGETS/BACKERS SHOP SUPPLIES 3,492.75 106.00 16.00 45,00 39,635.81 2,608.06 154.40 117.00 150.00 5.01 205.50 32.00 998.09 33.83 914.16 99.37 358.80 138.63 101.50 57.75 349.74 375.00 113.45 40.00 3,315.98 12,816.33 1,959.63 46,00 88.95 481,50 2,279.26 58.12 124.00 839.85 2,354.79 100.32 69.95 1,505.00 60.00 35.50 474.30 853.49 97.37 257.55 662.35 921.40 157.93 183.00 348.19 383.57 I I ] 4 LESCO CREDIT SERVICES LIBERTY READY MIX L1BRARYSPARKS LIVING MAGAZINES LTO COMMODITIES LLC MEDIACOM MENARDS MID AMERICAN ENERGY MID IOWA SALES COMPANY MIDGET MACHINE MAINTENANCE MIDWEST ENVIRONMENTAL SRV MIDWEST UNDERGROUND SUPPLY MULCH MART MUNICIPAL SUPPLY NEWMAN TRAFFIC SIGNS NEWSOUND NORTHERN TOOL &EQUIPMENT OAKSTONE WELLNESS OFFICE DEPOT O'HALLORAN INTERNATIONAL OLSON BROTHERS OMB POLICE SUPPLY ORKIN PEST CONTROL PEPSI PETERSON CONTRACTORS INC PLUMB SUPPLY COMPANY PRAXAIR DISTRIBUTION #440 PURCHASE POWER QUICK SUPPLY CO ROGERS AUTOMATED ENTRANCES RYAN WICKS SHOTTENKIRK CHEVROLET-PONTIAC SIMPLEX GRINNELL LP SOUTHERN CROSS CORP SPEED'S AUTOMOTIVE SUPPLY SPRAYER SPECIALTIES INC SRIXON STAR EQUIPMENT LTD TEAM TWO INC THOSE INK GUYS TIMBER PINE INC TOUR EDGE GOLF MFG TRIPLETT OFFICE ESSENTIAL ULTRAMAX UNIVERSAL PRINTING SRV UPSTART US POSTAL SERVICE VAN-WALL EQUIPMENT INC WALNUT TOWNSHIP WASTE MANAGEMENT OF IOWA QUALITY BLUE BLEND CONCRETE SUBSCRIPTION ADVERTISEMENT SILVERWARE MAY '07 STATEMENT-PUBLIC WORKS SUPPLIES MAY '07 STATEMENT SHOP SUPPLIES STEEL BUSHINGS/WASHERS WASTEWATER SAMPLE ASTEC PARTS BUCKSKIN 1.5"ROCK METERS EC FILM-FLAT BOOKS SOCKETS/AIRGUN/EXTENSION EMPLOYEE WELLNESS NEWSLETTER OFFICE SUPPLIES CLAMP/OIL PRESSURE SENSOR MAY '07 STATEMENT-POLICE AMMUNITION PEST CONTROL -GOLF POP SOUTH FORK CULVERT EXTENSION PARTS WELDING SUPPLIES POSTAGE METER REFILL EARTHSCAPE DOOR REPAIRS FURNACE REBATE BODY/SEAL ALARM SERVICE REGULATOR PARTS GOLF CAR LEASE PARTS GOLF BALLS FORMS MAY '07 STATEMENT INK TREES PRO SHOP MERCHANDISE BUSINESS CARDS-DOWELL AMMUNITION STATEMENT STUFFER-REC COMPLEX PROGRAM SUPPLIES STAMPS -LIBRARY JD 1600 WIDE AREA FRONT MOWER FY07 CEMETERY FEES JUNE '07 STATEMENT 5 138.50 5,851.00 59.95 250.00 25.09 99.95 218.26 9,197.32 184.05 100.00 1,276.00 218.06 1,476.00 9,412.35 388.44 312.11 38.73 480.00 441.56 137.21 80.90 380.99 53.03 483.60 5,245.00 52.99 159.70 1,500.00 234.00 204.97 75.00 179.79 154.00 367.20 3,250.00 855.88 679.40 270.05 617.85 117.70 1,224.95 71.47 30.00 467.00 472.90 53.45 97.00 42,588.17 2,000.00 42,897.38 WAUKEE DOWNTOWN BUSINESS WAUKEE HARDWARE &VARIETY WEB WISE SENIORS WEBSTER ELECTRIC WEST DES MOINES WATER WRK WILSON GOLF DIVISION WING FOOT COMMERCIAL TIRE 'TOTALS' PAYROLL 05/31/2007: ALBERTSON,KURT R BAETH,RONALD B BAUMAN,LISA L BELGER,VICTOR L BREUER,GREGORY A BURKHART,ASHLEY E BURKHART,LINDA S CAMPBELL,SCOTT E CASEY,MARK K CORKREAN,JENNIFER A COWDEN,ERIC M CUNNINGHAM,SCOTT D DAGGETT,WILLIAM J DAVISSON,DELORES J DE LAWYER,KEVIN L DEETS,BRADL Y M DEZEEUW,DAVID S DODGE,JUSTIN D DOWELL,DENNIS D DUNBAR,DIANA R ELLIOTT,STEVE D FELD,LUKE M GIBSON,JOHN R GREENE,JAMES L GUNDERSON,JODY T HALFWASSEN,DARWIN L HAMMEN,NORMAN D HANSON,ANTHONY J HEIMANN,RONALD L HERRICK,ROBERT D HICKMAN,JAMES B HUBBARD,ARA MAY D HUTZELL,BRIAN A JANSEN,ERIN C JERMIER,MATTHEW R JOHNSON,ASHLEY K HOLT-JOHNSON,LIBERTY S KASZINSKI,BRETT A KEAHI,CHRIS T FARMERS MARKET PROMOTIONS MAY '07 STATEMENT PROGRAMS FAULT LOCATING MAY '07 METER READING RENTAL CLUBS FRONT END ALIGNMENT 750.00 1,161.23 509.00 150.00 3,234.00 125.13 224.50 $246,998.63 $694.40 150.23 770.47 124.67 1,959.00 150.06 2,174.93 1,447.50 245.58 1,444.73 704.16 1,185.23 1,373.44 321.34 39.24 1,865.51 1,718.47 1,260.56 1,592.39 297.57 1,369.04 1,341.54 2,633.69 144.61 2,076.94 776.91 588.91 1,770.51 1,298.57 1,448.47 1,212.14 222.13 355.24 195.33 1,625.45 136.21 716.15 787.77 292.52 6 KELLER,CHRISTOPHER M KITE,JAMES S KOOISTRA,JEFFREY L LANDHAUSER,BENJAMIN A LILLIE,SCOTT M LUDWIGS,MICHAEL R LYNCH,SHANNON M MACK,LINDA M MANNING,JOSHUA M MAPES,TROY M MAREAN,JOSHUA S MC DONOUGH,ERIN A MELLENCAMP,JEFFREY S MILLER,BECKY J MILLER,JERRY 0 MITCHELL,NATHAN 0 MUELLER,ALYSSA M OAKLEY,JON L OSTRING,KATHLEEN A PARISH,TONJA L PERKINS,LELAND E MURPHY-PETERSEN,DEVON M PETERSON,OREN E PHILLIPS,LARRY J PROEHL,CHAD F RICHARDSON,ELIZABETH A RICHARDSON,JUSTIN M ROSS,JOHN 0 ROYER,LLOYD A ROYER,TIMOTHY L SANDERS,RODNEY M SCHAUFENBUEL,KARIL SCHAUMBURG,MICHAEL C SCHETTLER,RODNEY A SCHUETT,REBECCA 0 SCHULTE,JACOB J SHARON,JEREMIAH J SLATER,REBECCA A SMIDT,LARRY A SMITH,AMANDA M SPENCER,ARTHUR 0 STEWARD,ERIC A TORGERSON,LISA A VOEGTLE,TIMOTHY J VOKES,LARRY R WAGNER,REBECCA WALTHER,GARY R WEBB,JAMES 0 WEIR,MARGARET M WERTS,DANIEL J 1,134.68 109.71 3,136.95 1,554.85 1,055.94 1,321.06 1,084.26 1,520.84 1,221.87 2,035.97 232.73 689.42 1,422.74 1,050.53 611.15 1,330.32 117.69 1,850.90 1,207.69 1,043.88 1,258.44 1,363.92 1,321.62 2,262.39 92.35 1,578.27 640.43 813.30 121.21 2,372.92 734.80 462.18 92.17 1,237.03 1,590.07 715.83 1,515,85 1,035.95 1,676,36 51,86 523.66 1,184.96 1,081.12 927.21 1,059.60 122.36 1,151.91 1,823.20 1,185.92 1,064.67 7 WHITE,DANNY L 1,286.81 IWINTERS,TROY S 1,436.91 WITTE,CATHERINE M 747.67 WONDERS,KYLE R 469.60 YOUNG,THOMAS L 58.88 'TOTALS'$97,306.22 B.Consideration of approval of City Council Minutes of 06/04/07 Regular Meeting, 06/11107 Special Meeting C.Consideration of approval of a Class C Liquor License (LC)(Commercial)with Outdoor Service and Sunday Sales privileges for Cork &Kerry,Inc.,d/b/a Mickey's Irish Pub,pending lease agreement D.Consideration of approval of a 5-day Class B Beer License (BB)(Includes Wine Coolers)for Big AI's Roadhouse for the City of Waukee 4th of July celebration in Centennial Park,pending proof of dram insurance E.Consideration of approval of an Iowa Retail Cigarette/Tobacco Permit for fiscal year 2008 for the following businesses: 1.Kenny's Pub,Inc.d/b/a Kenny's Pub 2.Kum &Go,LC d/b/a Kum &Go #75 3.Kum &Go,LC d/b/a Kum &Go #202 4.Casey's Marketing Co.d/b/a Casey's General Store #2179 5.Casey's Martketing Co.d/b/a Casey's General Store #2538 6.Alex Banasik d/b/a Big AI's Roadhouse 7.Fareway Stores,Inc.d/b/a Fareway Stores,Inc.,#989 8.Gary Sayre and Bradley Lathrop d/b/a Chops Old Bauk 9.CONSIDERATION MOVED TO FOLLOW AGENDA ITEM #J7 10.Cork &Kerry,Inc.,d/b/a Mickey'S Irish Pub F.Consideration of approval of the temporary closing of Walnut St.from 5th St.west to 6th St.on Thursday,July 12 between the hours of 3 :00 p.m.and 10:00 p.m.for the Waukee Area Arts Council "Jazz in July"event,pending approval ofthe use of Triangle Parle by the City of Waukee Park Board (Resolution #07-115) G.Consideration of approval of Change Order No.3 to Eco-Tech Construction for PCC Pavement Reconstruction Project #STP-U-8177(605)-70-25 on University Avenue, Waco Place to west of Alice's Road,Supplemental Contract,in the amount of $4,057.55 H.Consideration of approval of Pay Estimate No.3 to Eco-Tech Construction for PCC Pavement Reconstruction Project #STP-U-8177(605)-70-25 on University Avenue, Waco Place to west of Alice's Road,Supplemental Contract,in the amount of $6,337.97 I.Consideration of approval of Pay Estimate No.2 to Regency Commercial for the construction of the Ridge Pointe Park Pavilion Project iu the amount of $92,943.48 J.Consideration of approval of a Certificate of Completion for Windfield II Plat 3,Lot 17 storm sewer modifications K.Consideration of approval of a 28E Agreement between Dallas County and the City of Waukee,Iowa for Joint Public Service (Resolution #07-116) L.Consideration of approval of a contract between Cooper Crawford &Associates and the City ofWaulcee,Iowa,to perform a Topographic Survey for the Waukee Recreational Complex (Resolution #07-117) 8 M.Consideration of approval of a contract between Griggs Environmental Strategies and the City for Waukee,Iowa,to perform a Wetland Investigation for the Waukee Recreational Complex (Resolution #07-118) Motion by Council Member Watts,seconded by Council Member McGee,to approve the consent agenda.Roll call:Ayes:Watts,McGee,Bailey.Nays:None.Absent: Mertz,Stanton.Motion carried 3 -0 -2. 2)TABLED 3)Resolution:Consideration of approval of acceptance of a three year proposal from First American Bank for banking services for the years beginning July 1,2007,2008 and 2009 -Motion by Council Member Bailey,seconded by Council Member Watts,to approve the resolution.Roll call:Ayes:Bailey,Watts,McGee.Nays:None.Absent: Mertz,Stanton.Motion carried 3 -0 -2.(Resolution #07-119) 4)TABLED 5)Ordinance:Consideration of an ordinance to amend Chapter 502,Waukee Municipal Code,Traffic Regulations of the City of Waukee,Iowa,by adding to Section 502, "Parking Regulations,"certain public streets [third (final)reading]-Motion by Council Member Bailey,seconded by Council Member McGee,to approve the third reading of the ordinance in title only and place it on final passage.Council Member McGee noted that 3rd Street was not included in the proposed ordinance.Roll call: Bailey,McGee,Watts.Nays:None.Absent:Mertz,Stanton.Motion carried 3 -0 -2. Deputy City Clerk Schuett read the ordinance in title only;Mayor Peard declared the ordinance duly adopted.(Ordinance #2606) 6)Ordinance:Consideration of an ordinance to provide for the establishment,powers and duties of the Regional Quality of Life Committee,an advisory committee of the City of Waukee [third (final)reading]-Motion by Council Member Watts,seconded by Council Member Bailey,to approve the third reading of the ordinance in title only and place it on final passage.City Administrator/Clerk Kooistra and City Attorney Brick explained that the ordinance could be repealed if voters do not approve the local option sales tax.Roll call:Ayes:Watts,Bailey,McGee.Nays:None.Absent:Mertz,Stanton. Motion earned 3 -0 -2.Deputy City Clerk Schuett read the ordinance in title only; Mayor Peard declared the ordinance duly adopted.(Ordinance #2607) 7)Resolution:Consideration of approval of an extension of the time period for completion of conditions under Development Agreement,dated September 20,2005, between the City of Waukee and The Tenth Mile,LLC -Motion by Council Member Bailey,seconded by Council Member McGee,to approve the resolution.City Administrator/Clerk Kooistra gave a brief overview of discussions with the developer's representatives and the City attorneys,stating that the original development agreement would expire on June 19,2007 and that no formal site plan submittal had been made to date.Director of Planning Deets explained certain property acquisition issues that impacted the developer's final site plan design and layout.Tony Baxter of Baxter Construction Company,construction manager for the project,addressed the Council to review issues related to the development agreement.Council Member Bailey expressed frustration with lack of communication with the City on the developer's part,stating that the request for an extension of the development agreement appeared to be at the last minute and asking if the developer could realistically accomplish in 90 days what had not been done in many years.Mr.Baxter stated that he was fully authorized to speak on behalf of the developer and that a site plan would be submitted within the 90-day 9 extension requested.Council Member Bailey responded that the City should've been contacted sooner ifthere had been any issues with the proj ect.Council Member McGee stated that he supported the agreement extension,drawing parallels between it and the City's development delays with the Alice's Road/I-80 interchange project.Council Member Watts stated that the Council had acted in the past to allow the Shottenkirk dealership to conduct business without improvements to the exterior of the building to bring the structure into compliance with the zoning ordinance,and that such action was perceived by the public as an unfair business practice.He then suggested the resolution be amended to extend the contract 30 days or bring the existing structure into compliance with the zoning ordinance.Mr.Baxter replied that the interior of the building had been brought into compliance with construction code and that there were no life saftey issues. Mr.Deets explained that in order to meet the standard deadlines for site plan submittal and approval and the 90-day timeframe,a formal submittal would need to be received by City staff no later than July 10.Council Member Bailey called for the question.Council Member Watts asked that the resolution be approved with a July 10,2007 site plan submittal deadline,with ground broken on the project within 90 days,or bring the existing site into compliance with the zoning ordinance.Mr.Baxter stated that the project was viewed by the developer as a revitalization project,and briefly mentioned that the developer was looking into the possibility of a TIF agreement for the project. City Attorney Brick clarified that if the resolution did not pass,the property would automatically revert to the original M -IA zoning which would prohibit the developer from conducting business as an automotive dealership.Council Member McGee stated that the current dealership was more attractive that the site prior to approval of the initial development agreement.Mayor Peard expressed his support of the 90-day extension and called for the question.Council Member Bailey amended the motion to approve the resolution to amend language so that on or before July 10,2007,the property owner shall submit a site plan,and on or before September 16,2007,the property owner shall seek City Council site plan approval for the project;Council Member McGee amended the second.Roll call:Ayes:Bailey,McGee,Watts.Nays:None.Absent:Mertz,Stanton. Motion carried 3 -0 -2.(Resolution #07-120) JIE9)Motion:Consideration of approval of an Iowa Retail Cigarette/Tobacco Permit for fiscal year 2008for Valley West Waukee Corp.d/b/a J.e.'s Corner Store -Motion by Council Member Bailey,seconded by Council Member McGee,to approve the motion. After a brief discussion related to abstaining on a vote,Council Member Bailey withdrew the motion;Council Member McGee withdrew the second.No action taken. ] (I<)Reports -Reports were given by Director of Public Works Gibson;Director of Community Development Gunderson;Director of Finance Burkhart;Director ofPlauning Deets;Assistant Director of Public Works Royer;Council Members Stanton,Bailey. (L)TABLED (M)TABLED Mayor Peard asked for a motion to adjoum.Motion by Council Member Meltz,seconded by Council Member Stanton.Ayes:All.Nays:None.Motion carried 3 -O. Meeting Adjoumed at 7:47 p.m. 10 R.Schuett,Deputy City Clerk Attest: Jeffre 11