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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 9 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: 10