HomeMy WebLinkAbout2007-12-03-Regular MinutesWAUKEE CITY COUNCIL MINUTES
December 3,2007 I
(A)Call to Order -The regular meeting of the Waukee City Council was called to order by Mayor
Peard at 7:05 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,JI.;C.Isaiah McGee;Jeff V,Mertz;Darlene Stanton;Mike Watts.Absent:None.
Also present:City Administrator/Clerk Jeff Kooistra;Director of Community Development Jody
T.Gunderson;Director of Finance Linda Burkhart;Director of Public Works John Gibson;
Assistant Director of Public Works Tim Royer;Director of Planning Brad Deets;Deputy City
Clerk Rebecca D.Schuett;City Engineer Mikelis Briedis;City Attorney Steve Brick.
(D)Open Forum
(E)Agenda Approval-Council Member Stanton moved to approve the agenda;seconded by
Council Member Mertz,Roll call:Ayes:Stanton,Mertz,Bailey,Watts,McGee.Nays:None.
Motion carried 5 -O.
(F)Mayor's Report -Mayor Peard attended the Nov.29 joint meeting of the City Council and Park
Board on the Copeland Recreation and Sports Complex master plan.He has been asked to greet
Santa Claus during Winterfest on Dec.7,and will attend the MIALG holiday meeting at Terrace
Hill on Dec.12.
(G)Presentations:
1)Update by Waukee Fire Chief Robinson-Report made by Fire Chief Robinson on staffing
issues and goals,recruitment and retention.Council Members Watts and Stanton suggested
Fire Chief Robinson work with City Administrator/Clerk Kooistra to implement the proposed
program as soon as possible.
(H)Public Hearings:
On an ordinance to amend Chapter 300,Zoning Ordinance,City of Waukee,by rezoning
and changing certain property therein from R-3 [Rental Multi-Family Residential District]
to R-3A [Owner-Occupied Multi-Family Residential District];and amend the Official
Zoning Map to show rezoning (Lot 1,Enterprise Business Park Plat 4,addressed (IS 275
NE Sunrise Drive)-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;no one
present addressed the Council.Mayor Peard declared the public hearing closed.
(1)Public Hearing Action Items:
1)Ordinance:Consideration of approval of an ordinance to amend Chapter 300,Zoning
Ordinance,City of Waukee,by rezoning and changing certain property therein from R-3
[Rental Multi-Family Residential District]to R-3A [Owner-Occupied Multi-Family
Residential District];and amend the Official Zoning Map to show rezoning (Lot 1,
Enterprise Business Park Plat 4,addressed as 275 NE Sunrise Drive)[introduction-first
reading]-Council Member Bailey introduced the ordinance;Council Member Stanton
moved to approve the first reading of the ordinance in title only;seconded by Council
Member McGee.Director of Planning Deets gave a brief overview of the application,stating
that the existing site meets the requirements of the 2002 site plan ordinance for architectural
standards and parking,but does not meet the current ordinance requirements.MI.Deets also
stated that a neighbor had attended the Planning &Zoning Commission meeting on the
matter,raising objections to the rezoning based on perceived street parking and property
maintenance issues.Council Member Watts asked about the current occupancy rate ofthe
apartments;Bob Andeweg,representing the property owner,stated that he was not aware of
the current occupancy rate,but that all existing leases would be honored.Mr.Andeweg then
explained that the property owner wanted flexibility to be able to sell units if the market
dictated as such.Council Member Watts expressed concern about a precedent bcing set for
buildings constructed under rental property architectural standard requirements,then being
rezoned as owner-occupied units.Mr.Deets explained that the architectural standards were
the same for both rental and owner-occupied units.Council Member Bailey asked what the
trigger mechanism would be for the tax rates to change for the property if the ordinance were
approved;Mr.Deets and City Attorney Brick replied that the filing ofthe horizontal property
regime would trigger the new rates.Council Member McGee expressed concern about the
potential loss in valuation when converting rental property to owner-occupied property.
Council Member Watts asked if the property was included in a TIF district;Director of
Community Development Gunderson replied that it was not.Roll call:Ayes:Stanton,
McGee,Bailey,Mertz.Nays:Watts.Motion carried 4 -1.Deputy City Clerk Schuett read
the ordinance in title only.
(J)Action Items
1)Consent Agenda
A.Consideration of 12/03/07 Bill List and 11115107 Payroll:
CHECKS ISSUED PRIOR TO COUNCIL APPROVAL 12/03/07:
CITY OF WAUKEE
COMMUNICATIONS WORKERS OF
EFTPS
IAPELRA
IOWA DEPT OF HUMAN SERVICES
IOWA DEPT OF REVENUE
LIBERTY READY MIX
MID IOWA ASSOCIATION OF
PRE-PAID LEGAL SERVICES
TOTAL ADMINISTRATIVE SERVIC
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
TREASURER STATE OF IOWA
UNITED WAY CENTRAL IOWA
US POSTAL SERVICE
US POSTAL SERVICE
VISA
'TOTALS'
PAYROLL TAXES &REIMBURSEMENTS
PAYROLL TAXES &REIMBURSEMENTS
PAYROLL TAXES &REIMBURSEMENTS
WINTER MEETING -BURKHART
PAYROLL TAXES &REIMBURSEMENTS
PAYROLL TAXES &REIMBURSEMENTS
CONCRETE
DEC 12 MTG DRINK TICKETS-PEARD
PAYROLL TAXES &REIMBURSEMENTS
PAYROLL TAXES &REIMBURSEMENTS
OCT '07 WATER SALES TAXES
OCT '07 SEWER SALES TAXES
OCT '07 GAS SALES TAXES
OCT '07 GOLF COURSE SALES TAX
OCT '07 PARK &REC SALES TAX
OCT '07 STORM SEWER SALES TAX
PAYROLL TAXES &REIMBURSEMENTS
LATE NOTICES
MOBILE HOME GARBAGE LTS.
NOV '07 STATEMENTS
UNPAID BILLS PRESENTED FOR APPROVAL 12/4/2007:
A &W ELECTRICAL CONTRACTORS REPLACED FLOOD LIGHT
ACCURATE HYDRAULICS &MACHINE
SERVICES SNOW PLOW CYLINDER
2
$1,037.80
367.20
33,308.66
25.00
703.99
361.24
323.00
10.00
30.90
2,320.33
8.639.36
668.43
2,156.81
865.38
13.50
588.95
17.00
182.20
71.60
467.94
$52,159.29
$240.75
211.48
ACME TOOLS GLOVES 16.90
ACTION OFFICE SOLUTIONS INC PRINTER REPAIR 120.00
ADEL AUTO PARTS PARTS 226.50
AL CAREY LANDSCAPE INC TREES 6,597.50
ALLENDAN SEED COMPANY SOD 660.00
ALLIED OIL &SUPPLY INC SEAL KIT 183.48
AMERICAN COMMUNITY MUTUAL
INSURCO DEC '07 HEALTH INSURANCE 51,913.95
ANITA MCVEY WATER HEATER/THERMOSTAT REBATE 80.00
ASPEN MILLS PANTS 160.62
BANK OF AMERICA NOVEMBER '07 STATEMENT 1,029.87
BANKERS TRUST COMPANY DEC '07 SINKING FUND TRANSFER 220,950.00
BARNES DISTRIBUTION FITTINGS 113.26
BEST PORTABLE TOILETS KYBO RENTAL 120.00
BONNIE'S BARRICADES SPECIAL SIGNS 132.00
BRODERICK ANIMAL CLINIC FELINE BOARDING 254.00
BUDGET STORAGE RENTAL DECEMBER '07 RENT 158.00
BUILDING &PROPERTY
MAINTENANCE NOVEMBER '07 STATEMENT 1,985.00
CALLAWAY GOLF PRO SHOP MERCHANDISE 252.26
CAPITAL CITY EQUIPMENT COMPANY FILTER/COUNTER 105.74
CARPENTER UNIFORM CO CRUIZER JACKET 51.79
CFI SALES,INC.TIRE REPAIRS 500.60
CHARTER BANK DECEMBER '07 GOLF RESERVE 1,000.00
CHARTER BANK DEC '07 GOLF COURSE BOND PMT 65,882.82
J
CITY OF WAUKEE MECHANIC FEES 240.06
CITY OF WAUKEE NOVEMBER '07 STATEMENT 3,242.61
CMIINC FUEL CELL/LABOR/SWITCH PAD 327.20
COMPUSA INC POWER BACKUP WIRELESS NETWORK 219.41
CRYSTAL CLEAR BOTTLED WATER WATER 28.00
D J GONGOL &ASSOCIATES WEAR PLATE ASSY/NUTS/WASHERS 510.68
D.RA PROMOTIONS SHIRTS/CAPS 541.14
DALLAS COUNTY EMS TRANSPORT FEE/SUPPLIES 290.00
DALLAS COUNTY NEWS OCT '07 STATEMENT 1,770.15
DALLAS COUNTY RECORDER RECORDING FEES 222.00
DELTA DENTAL DEC '07 DENTAL INSURANCE 4,250.10
DEROSSETT CO O-RINGS/ELEMENTS/REPAIR KIT 128.77
DES MOINES REGISTER CITY OF WAUKEE 411 MAG 617.50
DES MOINES WATER WORKS WSS 0 &M 2ND/QTR '07 11,937.21
DES MOINES WATER WORKS BONDIINTEREST PAYMENTS 185,150.24
DL T SOLUTIONS INC AUTO CAD 08 NETWORK LICENSE 3,996.01
DOMINO'S PIZZA LUNCH 35.08
ED M FELD EQUIPMENT COMPANY FIRE HOSE/FUNCTION TESTS 2,438.20
ELECTRIC PUMP &TOOL PUMP REPAIR 332.50
ELECTRICAL ENGINEERING
EQUIPMENT CO LAMPS 183.60
ENERGY ECONOMICS BATTERY 78.07
EVANS SIGN &DISPLAY LIGHTS 499.75 IEXCELBUSINESSSUPPLIESCANDY15.88
FAREWAY STORES EMPLOYEE GIFT CERTIFICATES 2,557.37
FASTENAL COMPANY SUPPLIES 76.49
FASTPRO INTERNATIONAL INC FIRST AID KIT SUPPLIES 117.95
3
FREESE NOTIS
G &K SERVICES
G &L CLOTHING
GAS PRODUCTS SALES
GOULD EVANS ASSOCIATES,L.C.
HARMON AUTO GLASS
HAWKEYE TRUCK EQUIPMENT
HD SUPPLY WATERWORKS
HEARTLAND CO-OP
HEARTLAND TIRE &AUTO
HUTCHINSON SALT COMPANY,INC.
HYDRO LOGIC
ICMA MEMBER SERVICES
IMAGING TECHNOLOGIES
INDUSTRIAL SALES COMPANY
INDUSTRIAL SUPPLY SOLUTIO
INSTITUTE FOR DECISION MAKING
INTERSTATE ALL BATTERY CENTER
IOWA ASSOCIATION OF MUNICIPAL
UTILITIES
IOWA CITY/COUNTY MANAGEMENT
ASSOC.
IOWA DEPT OF TRANSPORTATION
IOWA FINANCE AUTHORITY
IOWA MUNICIPALITIES WORKERS
COMPENSATION ASSN
IOWA SIGNAL &ELECTRIC CO
IOWA TURFGRASS INSTITUTE
JC CROSS CO
JETCO
JODY GUNDERSON
KOCH BROTHERS
LANDS END BUSINESS OUTFIT
LAWSON PRODUCTS INC
LESCO CREDIT SERVICES
LIBERTY FLAG &SPECIALTY
LOGAN CONTRACTORS SUPPLY
MARTIN MARIETTA AGGREGATE
MATT PARROTT &SONS CO
MENARDS
METLIFE SMALL BUSINESS CENTER
MID AMERICAN ENERGY
MIDWEST ENERGY ASSOCIATION
MOBILE VISION
MUNICIPAL SUPPLY
NEWCOM TECHNOLOGIES
NEWMAN TRAFFIC SIGNS
OFFICE DEPOT
ORKIN PEST CONTROL
OVERHEAD DOOR COMPANY
PLUMB SUPPLY COMPANY
POLK COUNTY TREASURER
NOV '07 STATEMENT-DSL
MAT SERVICES
WINTER CLOTHES
RED PLASTIC CAPS
COMPREHENSIVE PLAN
WINDSHIELD REPLACEMENT
INNER MOLDBOARD WELD
WATER METERS/PIPE
OCTOBER '07 STATEMENT-GOLF CRS
TIRES
ROCK SALT
IRRIGATION PARTS
'08MEMBERSHIP RENEWAL-KOOISTRA
STAPLE SUPPLY FOR FN-7
DRISCO 6500 ISP
CURB BUMPERS
TASK FORCE CONSULTATION
BATTTERY
WORKSHOPS
MEMBERSHIP DUES-KOOISTRA
BLADES
'98A INTEREST
DEC'07 WORKERS COMPENSATION
OCT '07 SIGNAL RENTAL
WORKSHOP-ELLIOTT
REPLACEMENT ELEMENT
FLOW METER REPAIR
DEC '07 AUTO ALLOWANCE
COPIER RENTAL
WINTER CLOTHES
SHOP SUPPLIES
TRANSFILM
POW FLAG
SQUEEGEE/SEALANT
ROAD STONE
SERVICE CALL SHEETS
SUPPLIES
DEC '07 LIFE AND LT INSURANCE
NOVEMBER '07 STATEMENT
MEMBERSHIP DUES-LEVEL 1
BELT CLIPS FOR WIRELESS MIC
HYDRANT FLAG
APPS/STORM WATER MAINT/INSP
SIGNS/BANDING/BRACKETS
OFFICE SUPPLIES
PEST CONTROL-GOLF COURSE
DOOR REPAIR
BUSHINGS/PVC
BLOOD DRAW
4
29.00
273.14
308.62
32.45
2,792.00
360.57
1,515.02
17,803.25
248.17
512.00
5,663.26
234.38
975.92
104.88
5,277.13
660.40
5,300.00
334.28
1,637.52
160.00
1,803.88
33,928.45
8,093.00
930.00
155.00
12,233.77
100.68
250.00
79.00
370.95
712.39
155.00
43.45
1,214.65
871.42
208.96
579.83
1,415.57
18,363.12
2,580.80
27.90
2,341.60
12,450.00
1,235.93
617.92
53.03
222.00
44.19
75.00
PROFESSIONAL DEVELOPERS 2008 MEMBERSHIP DUES 260.00
QWEST NOVEMBER '07 STATEMENT 788.84
RAPID FORMS CHRISTMAS CARDS 346.40
RD MCKINNEY PLUMBING &
EXCAVATION INSTALLED WATER LINE 4,446.00
RDG PLANNING &DESIGN WAUKEE RECREATION COMPLEX 12,198.87
RS STOVER COMPANY REPAIR KIT 549.00
SCHILDBERG CONSTRUCTION LIME-ROCK 280.32
SHOTTENKIRK CHEVROLET-PONTIAC REGULATOR 80.21
SPRING VALLEY WIRELESS RADIO REPAIRS 82.99
SPRINT PCS NOVEMBER '07 STATEMENT 50.54
ST.LUKE'S DRUG AND ALCOHOL
TESTING SERVICES DRUG TESTING 36.00
STIVERS FORD REPAIRS 559.37
TEAM SERVICES INC FIELD COMPACTION TESTING 581.04
TECHNOLOGY BY DESIGN WIRE 500.00
TEE'S PLUS SCREEN PRINTNG DARE CERTIFICATES 61.00
TIM SULLIVAN BARLIGHT REPAIRS 1,026.00
TOTAL ADMINISTRATIVE SERVICES
CORP FLEXPLAN ADM 01/08-03/08 537.60
TOUR EDGE GOLF MFG PRO SHOP MERCHANDISE 136.93
TOYNE INC TRUCK REPAIRS 521.48
TRIPLETT OFFICE ESSENTIAL NAMEPLATE/BUS CARDS 42.00
VEENSTRA &KIMM INC NOVEMBER '07 STATEMENT 39,492.61
VERIZON WIRELESS NOVEMBER '07 STATEMENT 3,798.08
WASTE MANAGEMENT OF IOWA NOVEMBER '07 STATEMENT 275.84
WASTEWATER RECLAMATION
AUTHORITY DEC '07 FEES 41,419.65
WAUKEE CHAMBER OF COMMERCE CHAMBER LUNCHEON 10.00
WEST DES MOINES WATER WORKS METER READING 13,388.75
'TOTAL'$839,601.49
PAYROLL 11/15/2007:
BAILEY JR,DONALD L
BAUMAN,LISA L
BELGER,VICTOR L
BREUER,GREGORY A
BRUNS,RACHEL M
BURKHART,LINDA S
CAMPBELL,SCOTT E
CARRICO,JAMES L
CASEY,MARK K
CORKREAN,JENNIFER A
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
$281.61
958.86
14.93
1,876.13
410.57
2,119.58
1,927.54
726.01
16.53
1,341.82
1,212.72
1,645.62
284.43
48.48
1,939.37
1,754.77
1,326.00
1,538.60
I
5
DUNBAR,DIANA R
ELLIOTT,STEVE D
FELD,LUKE M
GERDIS,TIMOTHY A
GIBSON,JOHN R
GUNDERSON,JODY T
HALFWASSEN,DARWIN L
HAMMEN,NORMAN D
HANSON,ANTHONY J
HEIMANN,RONALD L
HERRICK,ROBERT D
HICKMAN,JAMES B
HUTZELL,BRIAN A
JERMIER,MATTHEW R
HOLT-JOHNSON,LIBERTY S
KEAHI,CHRIS T
KELLER,CHRISTOPHER M
KOOISTRA,JEFFREY L
LANDHAUSER,BENJAMIN A
LILLIE,SCOTT M
LONG,JEREMY 0
LYNCH,SHANNON M
MACK,LINDA M
MANNING,JOSHUA M
MAPES,TROY M
MC DONOUGH,ERIN A
MC GEE,CLARENCE I
MELLENCAMP,JEFFREY S
MERTZ,JEFFREY V
MILLER,BECKY J
MITCHELL,NATHAN D
OAKLEY,JON L
OSTRING,KATHLEEN A
PARISH,TONJA L
PEARD,WILLIAM F
PERKINS,LELAND E
MURPHY-PETERSEN,DEVON M
PETERSON,OREN E
PHILLIPS,LARRY J
RICHARDSON,ELIZABETH A
RIPPERGER,TRACY M
ROBINSON,CLINT H
ROSS,JOHN D
ROYER,TIMOTHY L
SANDERS,RODNEY M
SCHAUFENBUEL,KARl L
SCHETTLER,RODNEY A
SCHUETT,REBECCA D
SHARON,JEREMIAH J
SLATER,REBECCA A
SMIDT,LARRY A
304.02
1,357.58
1,575.18
180.64
2,683.28
2,073.34
641.70
284.35
2,425.79
1,289.82
1,496.63
1,367.32
421.86
1,674.91
549.74
48.64
1,107.06
3,129.53
1,429.83
697,41
1,240.73
1,087,40
1,986.96
1,076.52
1,691.98
722.32
413.61
1,367.16
306.61
1,101.05
1,259.50
1,419.75
1,082.17
1,010.27
404.23
1,203.26
1,296.04
1,300.16
2,348.24
1,369.03
354.37
423.55
531.34
2,324.11
527.98
617.78
1,471.92
1,551.52
1,903.52
1,054.25
1,665.37
6
SPENCER,ARTHUR D
SPOSETO,MACKENZIE A
STANTON,DARLENE K
STEWARD,ERIC A
TORGERSON,LISA A
VOEGTLE,TIMOTHY J
VOKES,LARRY R
WANG,SHIYUN
WATTS,MICHAEL L
WEBB,JAMES D
WEIR,MARGARET M
WERTS,DANIEL J
WHITE,DANNY L
WINTERS,TROY S
WITTE,CATHERINE M
LULL,BARRY L
VANPELT,ROBERTT
645.92
1,226.37
306.61
1,197.16
1,198.74
843.54
1,161.04
812.68
307.61
2,001.79
1,132.14
1,082.92
1,252.42
1,356.76
439.77
216.77
214.77
I
*TOTALS*$95,671.91
B.Consideration of approval of City Council Minutes of 11/19/07 Regular Meeting,11126/07
Work Session Meeting
C.Consideration of receipt and file of 11/13/07 correspondence from Mediacom
D.Consideration of approval of renewal ofa 12-month Class C Beer Permit (Be)with
Carryout Wine and Sunday Sales privileges for Kum &Go LC,d/b/a Kum &Go #75
E.Consideration of approval of contract and bond for the construction of the Southfork and
Walnut Ridge Sanitary Sewer System Project (Resolution #07-259)
F.Consideration of approval of Change Order No.1 to Nuckolls Concrete for the University
Avenue Reconstruction,Alice's Road to L.A.Grant Parkway,in the amount of $56,664.40
G.Consideration of approval of Payment Estimate No.2 to Concrete Technologies,Inc.,for
the 2007 L.A.Grant Parkway Project,Ashworth Road to 312'''Place,in the amount of
$648,659.65
H.Consideration of approval of the release of retainagc to Eco-Tech Construction for PCC
Pavement Reconstruction STP-U-8177(605)-70-25 on University Avenue,Waco PI.to
west of Alice's Rd.,Supplemental Contract in the amount of$4,050.31
1.Consideration of approval of setting December 17,2007,as the datc of public hearing on an
ordinance to amend Chapter 304,Site Plan Ordinance,by amending Section 304.5(N),
Lighting Ordinance
J.Consideration of approval of setting December 17,2007 as the date for a Public Hearing to
amend Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of Waukee,
Iowa,by changing certain specifics of the commercial portion of the Legacy Pointe at
Waukee Planned Development Exhibit HE"and by inserting in lieu thereof a revised Exhibit
HE";and amend the Official Zoning Map to show rezoning
Council Member Stanton moved to approve the consent agenda;seconded by Council Member
McGee.Roll call:Ayes:Stanton,McGee,Watts,Bailey,Mertz.Nays:None.Motion carried
5-0.I2)Motion:Consideration of approval of renewal of a l l-montli Class C Beer Permit (BC)with
Sunday Sales privilege for Valley West Waukee Corporation,d/b/a J.C.'s Corner Store-
Council Member Stanton moved to approve the permit;seconded by Council Member Bailey.
7
Roll call:Ayes:Stanton,Bailey,McGee,Meltz.Nays:None.Abstentions:Watts,due to
conflict of interest.Motion carried 4 -0 -1.
3)Resolution:Consideration of approval of the Independent Auditor's Final Report for the
fiscal year ending June 30,2007;with a brief presenuuion by the auditor -Council Member
Bailey moved to approve the resolution;seconded by Council Member Mertz,Dave Ellis of
Denman &Co.presented the final report.Council Memher Bailey expressed concern that the
City's debt service was over budget and asked if the levy was high enough;Director of Finance
Burkhart answered that an interest payment for a new bond had not been included in the budget
amendment,causing the City to exceed the budget.The payment was made from the
capitalized interest from the borrowing,so it did not cause a deficiency in the debt service levy.
Roll call:Ayes:Bailey,Mertz,Stanton,Watts,McGee.Nays:None.Motion carried 5 -O.
(Resolution #07-260)
4)Resolntion:Consideration of approval of final plat for Grant Park Plat 2 -Council Member
Bailey moved to approve the resolution;seconded by Council Member Mertz.Director of
Planning Deets gave a brief overview of the project and requested that the matter be tabled until
all remaining outstanding issnes are addressed.Andy Marske ofPelds Engineering Co.,
engineers for the PTOject,addressed the Council and requested that the plat be approved
conditionally,as the outstanding issues were administerial in nature.Council Member Bailey
reviewed some of the outstanding issues as outlined in Mr.Deets'memo on the matter,asking
City staff if the plat could be approved conditionally.City Attorney Brick stated that some
outstanding issues,such as the lack ofparldand bonds and the fact that homeowners'
association responsibility for detention pond maintenance was not addressed in the covenants,
were more complex and that he could not advise approval until all outstanding issues have been
resolved.Kurt Brewer,developer for the property,addressed the Council,stating that he was
not aware of the detention pond maintenance requirement of the homeowners'association.He
then stated his desire to install playground equipment and sidewalk around the playground area
in Grant Park Plat 2 at this time,with the remaining parkland requirements,including shelter,
restrooms and parking,included as part of the future Grant Park Plat 3.He also stated that he
did not have a specific timeline for development of Grant Park Plat 3.Council Member Watts
asked Mr.Brewer about any repercussions to the City if he sold the Grant Park Plat 3 parcel
before development;Mr.Brewer stated that it wonld not be profitable for him to sell the Grant
Park Plat 3 parcel as bare ground.Council Member Stanton asked why the outstanding issues
had not been resolved prior to this point,expressing her discomfort in conditional approval.
Mr.Brewer explained that his biggest concern related to a parkland development agreement,
specifically for the shelter and restrooms,stating that he did not want to be held to a
development timeline and he did not want to bond for parkland improvements,as it was
difficult for developers to obtain bonds in the current market.He then stated that his feelings
had seriously changed recently about what he his willing to do with and for the City,but that he
did not wish to elaborate at this time unless asked to do so.Mr.Deets stated that a proposed
parkland development agreement had been included in the agenda packet,that City staff were
not opposed to a phase-in program for the improvements,but that an agreement was
recommended in order to clarify the types of and deadline for improvements.Council Member
Bailey asked Mr.Brewer if a different deadline would be agreeable;Mr.Brewer answered that
he did not want to commit to any deadline ifhe was unable to sell the lots in the development.
Council Member Bailey asked if the development of a specified number of lots could be
included as the deadline for parkland improvements instead of a specific date;City staff will
review that option.Council Member Bailey amended the motion to table consideration ofthe
matter until the Dec.17,2007 regular City Council meeting;Council Member Mertz amended
8
the second.Before the roll call vote,Mr.Brick stated that the City ordinance required bonds be
posted for incomplete public improvements and asked for direction from the Council on the
matter.Council Member Mertz asked if other developers had trouble obtaining bonds;Mr.
Brick and Director of Public Works Gibson replied that they had not heard as such.Mr.
Gibson expressed City staff's concern that,without a bond,there was no assurance that
improvements would be made.Council Member Bailey asked that City Administrator/Clerk
Kooistra spearhead discussions between Mr.Brewer and City staff on all outstanding issues.
Roll call:Ayes:Bailey,Mertz,McGee,Watts,Stanton.Nays:None.Motion carried 5 -0;
consideration of approval tabled until the Dec.17,2007 regular City Council meeting.
S)Resolution:Consideration of approval of Amendment #1 to Downing Development
Agreement,Enterprise Business Park Plat Three -Council Member Stanton moved to
approve the resolution;seconded by Council Member Mertz.Roll call:Ayes:Stanton,Mertz,
Watts,Bailey McGee.Nays:None.Motion carried 5 -O.(Resolution #07-261)
6)Resolution:Consideration of approval of the sidewalk installation,repair and maintenance
program -Council Member Bailey moved to approve the resolution;seconded by Council
Member Stanton.After a brief discussion as to whether a council member who had voted
"nay"on the last version of the resolution was required to reintroduce the resolution,Council
Members Bailey and Stanton withdrew the motion and second.Council Member McGee
moved to approve the resolution,seconded by Council Member Stanton.Jim Phillips,240 Bel
Aire Dr.,addressed the Council and asked if the proposed resolution included reimbursement
for those property owners that were part of the 2004 and 2005 programs and had been assessed
at 100%.City Attorney Brick reiterated the legal opinion he had given the Council during the
Nov.26 work session meeting,which is that the Iowa Constitution requires a specific public,
not private,purpose for this type of expenditure and that he found no such public purpose.Mr.
Phillips expressed his frustration with the lack of reimbursement.Council Member Stanton
stated that because the City could not reimburse the property owners from the 2004 and 2005
programs,she would not support the proposed 50%assessment but instead favored the
assessment policy to remain at 100%.Mr.Phillips responded by voicing his support for the
policy change to 50%assessment,but that he had hoped for reimbursement.Council Member
McGee stated that he had initially voted against the 50%policy until the possibility of
reimbursement was thoroughly researched,and that he would now support the proposed 50%
assessment as he believed it was wrong to continue an unfair policy of 100%assessment.
Council Member Watts voiced his support for the proposed 50%assessment policy and
expressed his desire that all assessment policies within the City be done at 50%.Council
Member Stanton stated that in light ofMr.Phillips'support of the 50%assessment policy
moving forward,she would now support the proposed resolution.Roll call:Ayes:McGee,
Stanton,Watts,Bailey.Nays:Mertz.Motion carried 4 -1.(Resolution #07-262)
7)Discussion:Rescheduling City Council meetings in calendar year 2008 that conflict with
holidays -City Administrator/Clerk Kooistra reviewed the proposed schedule changes and
suggested that work session meetings be held immediately following regular City Council
meetings when possible in order to avoid overscheduling.The Council concurred to try
implementing Mr.Kooistra's suggestion related to work session meetings.
8)Resolution:Consideration of approval of the Copeland Recreation and Sports Complex
Master Plan Design -Council Member Bailey moved to approve the resolution;seconded by
Council Member Stanton.Council Member Stanton thanked the Park Board,Copeland
Recreation and Sports Complex Steering Committee,and City staff for their work on the plan.
She then stated that the plan contained a certain amount of flexibility and suggested that when
the pond is constructed,that access to it be constructed at the same time.She also suggested
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that restroom facilities be added near the youth soccer fields.Council Member McGee
suggested outdoor basketball and tennis courts be added to the plan.City Administrator/Clerk
Kooistra replied that there were plans to refurbish the existing tennis courts and that it was
suggested that basketball courts be kept in neighborhood areas,although there was still room in
the Copeland Recreation and Sports Complex master plan to add them.C0l111CilMember Mertz
stated that he respected the amount of work done,but that he would not support the Copeland
Recreation and Sports Complex master plan as he believed a city-wide plan should have been
completed first.Roll call:Ayes:Bailey,Stanton,Watts,McGee.Nays:Mertz.Motion carried
4 -1.(Resolution #07-263)
(K)Reports -Reports made by City Administrator/Clerk Kooistra;Director of Community
Development Gunderson;Director of Finance Burkhart;Director of Public Works Gibson;
Director of Planning Deets;Assistant Director of Public Works Royer;City Engineer Briedis;
Council Members Stanton,Bailey,Watts.
Mayor Peard asked for a motion to adjoum.Council Member Mertz moved to adjoum;seconded by
C0l111CilMember Bailey.Ayes:All.Nays:None.Motion carried 5 -O.
Meeting Adjourned at 8:58 p.m.
R.Schuett,Deputy City Clerk
Attest:
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