HomeMy WebLinkAbout1992-02-03-Regular Minutes-85-
The regular meeting of the Waukee City Council was called to order on Monday February 3,
1992 at 7:04 P.M.by Mayor Pro-tem Don Bailey,Jr.with Bob Barrett taking minutes.
The following Councilmen were present:Don Bailey,Ray Clark,Frank Duroy,Nick Gruber,
.and Curtis Scott.Absent:Mayor Floyd W.Rosenkranz.
Staff and guests present were:Brian Redshaw,Toni Lestina,Harry Jones,T:im Royer,Jim
DeWitt,Jr.,Dan White,Steve Pierce,Don Henson,Ben Phillips,Chet Chedester,Stanley
Lawon,Paul Lawson,Dennis Dolmage,Jeff Abbas,Lloyd Royer,Dennis Gardiner and John
Kursitis.
Moved by Councilman Gruber,seconded by Councilman Duroy to approve the 1/20/92 Council
minutes as presented.Motion ca=ied 5 to O.
Open Forum:Chet Chedester informed the Council that he had done some research and found
that the minutes of 8 meetings were pub.Li.shed within the statutory time frame and that 24
failed to meet the statute.Mr.Chedester fustigated the Council and Brian Redshaw for
the handling of this matter and asked that a copy of his report be filed in Brian's
personnel file.The Council accepted Chet's report for filing.
Stan Lawson asked if Waukee had a small pet/animal control ordinance in force;if
there is a maximumnumber of pets allowed per home;and about pet noise,loud barking.
Don Bailey told Stan that Waukee does have ordinances addressing animal control and loud
barking found in Municipal Code 208 but there is no provision to l:imit the number of
animals that a person may have as pets.
Paul Lawson asked about recycling bins located in Waukee.Paul was told that this
is being studied and will be budgeted in the next fiscal year.Ray stated that if
arrangements can be made for bin placement and if the cost can be absorbed within the
cu=ent budge period,a recycling bin may be in plac~before 7/1/92.
Bill Presentation:Moved by Councilman Scott,seconded by Councilman Clark to approve
payment of bills as presented totaling $28,632.90.Motion carried 5 to O.
ARATEXSERVICES,INC.22.05
BARRETT,ROBERT 8.06
BUSINESSCCMMUNICATIONS 185.54
CARPENTERUNIFDRMCO.127.95
CHANNINGL.BETECO,INC.755.25
DESMOINESWATERWORKS 10,891.69
EVERYDAYCLEANING 150.00
GARDINER&CO.,P.C.1,000.00
DONHENSON 14.55
ICWAPIPELINE ASSOCIATE 105.24
ICWAPCWER 3,993.03
TONI LESTINA 15.60
MARTINMARIETTAAGGREG 751.78
METROUNIFORMS 209.89
MUNICIPALSUPPLY 1,674.20
OLSONBODY&PAINT 1,960.00
PHILLIPS,LARRYJ.121.22
QUALITYFORDOF W.D.M.225.45
QUIKPRINT 114.40
UNITEDSTATESCELLULAR 50.14
US WESTCOMMUNICATIONS 590.34
VEENSTRA&KIMM,INC.4,542.50
WASTEMANAGEMENTOFICWA 64.00
WAUKEEMUNICIPALGAS 1,060.02
Guests:
Dennis Gardiner presented the Fiscal Year 1990-91 Financial Audit results and answered
questions.Moved by Clark,seconded by Scott to approve the audit as presented.A roll
call vote was taken as follows -Ayes:Bailey,Clark,Duray,Gruber,Scott.Nayes:
None recorded.Motion carried 5 to O.
Don Henson presented the fire departments needs for a computer and requested authority
to purchase a computer for up to $1,600.00.Moved by Scott,seconded by Gruber to authorize
Don Henson to spend up to $1,600.00 on a canputer system with the following minimum
requirements:386,40 megabytes,5 1/4 &3 1/2 dual disk drive;24 pin,wide-carriage
printer;5.0 DOS;color monitor;surge suppressor;and a cabinet.A roll call vote was
taken as follows -Ayes:Bailey,Clark,Duray,Gruber,Scott.Nayes:none recorded.
Motion ca=ied 5 to O.
Third Reading of Park Dedication Ordinance.
It was moved by Councilman Gruber,seconded by Councilman Clark,that Ordinance #2151
entitled "An Ordinance to Amend Chapter 303,Waukee Municipal Code,Park Site Dedication
Reservation or Payment In Lieu of Dedication Ordinance,Section 303.184.An Ordinance
Providing Park Land Dedication to the City of Waukee,Iowa,In Subdivisions And Site Plans."
be read for the third time by the City Clerk.Mayor Pro-tem Bailey called for a roll call
vote and the following Councilmen voted:Ayes:Bailey,Clark,Duroy,Gruber,Scott.
Nayes:None recorded.Motion ca=ied 5 to O.Brian read the following ordinance:
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ANORDINANCETOAMENDCHAPTER303,WAUKEE,MUNICIPALCODE,PARKSITE DEDICATION,
RESERVATIONORPAYMENTINLIEUOF DEDICATIONORDINANCE,SECTION303.184.ANORDINANCE
PROVIDINGPARKLANDDEDICATIONTOTHECITYOFWAUKEE,ICWA,IN SUBDIVISIONSANDSITE PLANS.
BE IT ORDAINEDby the Council of the City of Waukee:
Section 1.Chapter 303.184 of Chapter 303 WaukeeMunicipal Code,is hereby amended
by deleting §303.184 and inserting in lieu thereof as follows:
§303.184.Park Site Dedication,Reservation or Payment In-Lieu-Of Dedication.As a
condition of approval of a final plat of subdivision or a site plan,each subdivider or
developer shall be required to dedicate land without cost to the City for park and recreational
purposes to serve the imnediate and future needs of the neighborhood,in accordance with the
following criteria:
A.Park,Recreation Acres,and Open Space Dedication.In the design of the
SUBDIVISIONPLATpR PLANNEDUNITDEVELOWIENT(PUD),dedtGaUoD9;1;1000.,9:6:payment
of moneyfor park 'site acquisition and/or physi.ca.l'improvementof the·nej:ghborhood-
park system shall be required by the Planning and ZorringcCorimj:.sBIoniand-fhe'--
City Council as to all subddvis i.ons,':c V,".-'-':-~''0,_0 __~,~--'"_
I.Procedure.The procedure for determining whether the subdivider or developer
is to dedicate or reserve land or pay a fee,shall be as follows:At the
time of filing a preliminary plat or site plan with the Planning and Zoning
Commission,the owner or developer of the property shall,as a part of such
filing,indicate whether said owner or developer desires to dedicate or
reserve property for open space an recreational purposes,or pay a fee in
lieu thereof.If the owner or developer desires to dedicate or reserve land
for this purpose,said owner or developer shall designate the area thereof
on the preliminary plat or site plan as submitted.
2.Action of City.At the time the preliminary plat or site plan is approved
by the City Council,the Council shall determine as a part of such approval
whether to require a dedication or reservation of land within the subdivision
or development,or payment of a fee in lieu thereof.Provided,however,the
City shall determine which land shall apply to the dedication or reservation
and the requirements contained herein.
Dedication of Land for Park,Recreation Areas,and Open Space.The amount of
land or moneyrequired to be dedicated by a subdivider pursuant to this Article
shall be based on the net area included in the subdivision (net area being all
all land including streets,right-of-way,and public or private easements),
determined by the formula contained in this subsection.
The amount of park land dedication shall be determined by the following
formula:
B.
-
Residential Uses:
MinimumLot Area Per Unit Percentage of
Total Land Area
25,000 sq.ft.to 40,000 sq.ft.
or greater
8,000 sq.ft.to 24,999 sq.ft.
2,399 sq.ft.to 7,999 sq.ft.
3%
5%
10%
C.Payments in Lieu of Dedication.Whenevera parcel of land within the City,except
in A-I Agricultural District,is to be subdivided and presented to the City for
residential development purposes,and the City has elected to receive fee payments
rather than land dedication,the fees shall be computedas follows:
1.The developer shall pay $100.00 per acre.
2.Concurrently with final plat approval of a residential subdivision within
the City,a fee payment shall be paid,based upon the type and number of
dwelling units to be constructed according to the following schedule:
A.Detached Single Family Units:$200 per unit.
B.Attached Single Family Units:$150 per unit.
C.Apartment Units:$75 per unit.-
3.Credit for Private Amenities:A credit of not to exceed 25%of the total
dedication fee due under Section 303.184(c)(2)herein may be granted by the
City for permanent recreational facilities and amenities in private developments
within said facilities and amenities are available for commonuse,without
rental charge,by residents within the development.
The credit against the dedication fee shall be determined by taking the total
value of the recreational facilities and amenities provided within the private
development which are for commonuse,without rental charge,by residents
within the development.
Recreational facilities and amenities which are to be considered in establishing
a credit include,but are not limited to,swimmingpools,wading pools,
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court gamesfacilities,athletic field apparatus and playground equipment
but shall not include -the value of any land where the facilities and amenities
are located or any open recreational spaces.
The value of the credited recreational facilities or amenities shall be
verified by the person or entity seeking the credit and saIl be presented
to the City Council for acceptance prior to the granting of the credit by
the City.
Nocredit shall be given after 24 months from the paymentof the dedication
fee required under Section 303.184(C)(2).
4.Use of Fee.Anyfee levied and collected herein shall be deposited in a
sub fund of the General Fundof the City and shall be used exclusively for
park site acquisition and/or physical improvementof the NeighborhoodPark
System.The City Treasurer shall at all times account for monies collected
pursuant to this Chapter,and shall upon request provide a complete accounting
of receipts and expenditures of the sub fund,including interest received
on said funds.Anyuse of the sub fund by the City Council shall be with
the concurrence of the City Council.
5.Implementation.Wherea park site is within a Sketch Plan of a P.U.D.or
a Master Site Plan in accordance with the Master Parks Plan,the park site
shall be schematically and dimensionally located and a schedule determined
betweenthe City and the Developer for the acquisition of the park site
by the City.
Whena final plat or site plan has been submitted to the City for approval,
and it has been determined that land shall be reserved for acquisition by the
City for park use,the location and final accurate dimensions of the park
site shall be shownin detail and legal description provided by the developer
for accurate transfer of ownership.Plans for developmentof the park site
shall be prepared by the City to establish accurate dimensions and acreage
of the parcel to be acquired by the City.
6.Reservation of Park Site.Whena NeighborhoodPark Systemis proposed within
the City's Master Parks Plan and it is determined that the park land is to
be reserved for future acquisition by the City,at the time a developer
initiates developmentof the area adjoining the proposed park site or prior
thereto the City and developer shall enter into a written recordable agreement
setting forth a schedule for the acquisition of the park site by the City.
The City shall be obligated to purchase the reserved park site as agreed
uponbetween the developer and the City or if no agreementbetween the City
and developer,then whendevelopmentadjoining the park site encompasses
50%of the area within 500 feet of the proposed park.
7.Acquisition of Park Site.Land conveyedto the City for park purposes shall
be conveyedby wa=anty deed,free and clear of any and all liens and
encumbrancesincluding all judgments,attachments,mechanicsand other liens.
8.Retroactive Enforcement.Whena Planned Unit Developmenthas not been
completely developed prior to enactment of this Chapter,the following
provisions shall govern.
A.The fee paymentsas required herin shall be waived provided the Developer
has dedicated at least 5%of the total land area within the development
to the City for public park use.
B.If less than 5%of the total land area within the developmenthas been
dedicated by the Developerto the City for public park use,then the
Developershall be required to pay a fee based upon the difference of
the percentage of the area of land dedicated to the City to 5%of the
total land area within the development.Wherethere is a deficiency
of land less than 5%not so dedicated within the developmentfor public
park use,a fee shall be paid by the developer to the City based upon
the current fair market value per acre of the deficient land not to
dedicated.Cu=ent fair market value per acre shall be determined by
using the undevelopedland remaining in the developmentexcluding any
improvements.
The fee shall be paid whendirected by the City Council.
9.Right of Appeal.
A.Appeal Procedure.Anyperson,entity,or developer affected by any
decision madeby any department acting under this Chapter,mayappeal
to the City Council by filing notice of appeal with the City Clerk and
a filing fee of $100payable to the City Treasurer to be credited to
the General Fundof the City.Such appeal shall be taken within ten
(10)days from the decision of the department acting under this Chapter
and shall set out in detail the reasons and grounds for the appeal.
The City Clerk shall forthwith transmit to the City Council all papers
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constituting the record upon which the action appeal is taken.An
appeal stays all proceedings in furtherance of the appeal.
B.Public Hearings.The City Council shall upon the filing of an appeal
fix a reasonable time for a hearing,giving public notice thereof as
well as due notice to the parties in interest.All interested persons
may offer oral or written testimony at the pub.Li,chearing on the appeal.
A vote of three (3)members of the City Council may affirm,modify,or
reverse any decision of any department acting under this Chapter.
C.City Council Review.Prior to the public hearing on appeal before the
City Council,the City Council shall review the decision of any department
acting under this Chapter and shall make a recommendation to the City
Council for consideration at the public hearing.
D.Appeal to the District Court.Any person,entity,or developer aggriev
by any appeal decision of the City Council may within thirty (30)days,-,
from the date of the City Council rendering a decision,appeal therefrom
to the District Court of Dallas County,Iowa,in accordance with the
Rules of Civil Procedure,Division XIV,entitled "Certiorari".
Section 2.Effective Date.This ordinance
approval,and publication as required by law.
Passed by the Council the day of ------of ,1992.
shall be in effect after its final passage,
1992,and approved this day
MAYOR
Attested:
Brian Redshaw
Brian J.Redshaw,City Clerk
It was moved by Councilman Scott,seconded by Councilman Duroy,that Ordinance #2151 entitled
"An Ordinance to amend Chapter 303,Waukee,Municipal Code,Park Site Dedication,reservation
or payment in lieu of dedication Ordinance,Section 303.184.An Ordinance providing park
land dedication to the City of Waukee,Iowa,in Subdivisions and Site Plans."be put upon
its final passage and adoption.Mayor Pro-tern Bailey called for a roll call vote and the
following vote was recorded:Nayes:Bailey,Clark,Duray,Gruber,Scott.Nayes:None recoI'Cied.
Whereupon Mayor Pro-tern Bailey declared said Ordinance duly adopted and passed.
First Reading of Hazardous Waste Ordinance.
Councilman Gruber introduced an ordinance entitled "An Ordinance To Amend Chapter 220,
Waukee Municipal Code,Hazardous Substances,By Section 220.3(a),to Provide a Fee Schedule
For Accessing to Persons Having Control over Hazardous Substance the Cost of Clean-up By
City Personnel Of A Hazardous Waste Spill."
It was moved by Councilman Scott,seconded by Councilman Bailey,that the ordinance
errtd.t Led "An Ordinance to Amend Chapter ~20,Waukee Municipal Code,Hazardous Substances,
by Section 220.3(a),to provide a fee shcedu.le'for assessing to person having control over
hazardous substance the cost of clean-up by city personnel of a hazardous waste spill."be
li!'§(;l"-d,onits first reading and be read by the City Clerk.Mayor Pro-tern Bailey called
f6f"ci roll call vote and the following vote was recorded:Ayes:Bailey,Clark,Gruber,
Scott.Nayes:Duroy.Motion carried 4 to;d:
AN ORDINANCE TO AMEND CHAPTER 220,WAUKEE MUNICIPAL CODE,Hazardous Substances,by
Section 220.3(a),to provide a fee schedule for assessing to persons having control over
hazardous substance the cost of clean-up by city personnel of a hazardous waste spill.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.1IIrendrrent.Chapter 220,Waukee Municipal Code,Hazardous Substances,is
hereby amended by adding thereto Section 220.3(a)as follows:
§220.3(a)The following fees will be assessed and collected by the City of Waukee
from persons having control over hazardous substances where such hazardous substances have_
been spilled and the City of Waukee personnel have participated in the clean-up:
PERSONNEL AND EQUHMENT
Fire Department
Command Car with Chief Officer
Engine Company
Rescue Company
Ambulance Crew
Additional Personnel (each person)
HOURLY RATE
$30.00
60.00
50.00
50.00
7.00
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Police Department
Patrol Car with Officer
Additional Personnel (each person)
Public WorksDepartment
HeavyEquipnent with Operator
Light Equipnent with Operator
Additional Personnel
40.00
15.00
50.00
30.00
15.00
Expendableequipment,materials and/or supplies shall be reimbursed at cost plus 10%handling
charge.
A minimumof one hour shall be charged for all clean-up responses.For the purpose of
computingfees,hours shall be charged to the nearest quarter hour.
Heavyequipnent shall be defined as and include the following:Grader,backhoe,dumptruck,
endloader,sweeper,sewer jet,and similar equipment.
Light equipnent shall be defined as and include the following:Pickup truck and/or generator
and compressor with related power ~gwipnent.',I .=-k _
Clean-up costs shall be billed directly to persons having control over hazardous substance
as defined herein.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provasaon or part of this ordinance
shall be adjudged invalid or unconstitutional,such adjudication shall not affect the
validity of the ordinance as a whole or any section,provision,or part thereof not adjudged
invalid or unconstitutional.
Section 4.Effective Date.111isordinance shall be in effect upon its final passage,
approval and publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,on this day of ,1992
and approved this day of ,1992.
Attest:
Brian Redshaw
Brian J.Redshaw,City Clerk
Chet Chedester questioned that if an ordinance was changed at all during any of its
three readings then shoul.dnvt;the ordinance revert back to its first reading.It was
explained that,theih:¢~E1Fe~~i':lgprocedure for adopting or amendingordinances is intended
to provide'for citizen 'and council input to correct or modify a proposed ordinance to make
it the best possible ordinance.It was also pointed out that if changes required the
ordinance process to be restarted,public input maybe ignored and the opportunity for
valid citizen concern and input would be subverted and rendered useless.
CouncilmanGruber,seconded by CouncilmanClark,to moveto Increase the hourly rate for
Fire DepartmentAdditional Personnel from $7.00 to $15.00.MayorPro-tern Bailey called 'for
a roll call vote and the following vote was recorded:Ayes:Bailey,Clark,Duroy,Gruber,
Scott.Nayes:Nonerecorded.Motion carried 5 to O.
CouncilmanGruber,seconded by CouncilmanDuray,movedto include the staternent "Charges
for clean-up of equipnent shall be included in the above fee schedule.MayorPro-tern
Bailey called for a roll call vote and the following vote was recorded:Ayes:Bailey,
Clark,Duray,Gruber,Scott.Nayes:Nonerecorded.Motion carried 5 to O.
CouncilmanDuroy,seconded by CouncilmanClark,movedto include all third-party costs
of clean-up to include,but not be limited to,downtimeand equipnent clean-up.Mayor
Pro-tern Bailey called for a roll call vote and the following vote was recorded:Ayes:
Bailey,Clark,Duroy,Gruber,Scott.Nayes:Nonerecorded.Motion carried 5 to O.
MaintenanceDepartmentSeminars.Harry informed the Council of two upcaning seminars and
requested that Chuckand himself attend a two day Wastewater LagoonTraining Course at
DMACCon February 19-20 and that Jim and Dean attend a traffic control flagging workshop
in Des Moineson March 18.111ecost for the Wastewater LagoonTraining is $87.25 per
person and the cost of the traffic control flagging is $15.00 per person.Councilman
Gruber,seconded by CouncilmanDuroy,movedto approve entire request.Motion carried 5 to O.
$2000.00 Purchase Limit for City Clerk.Brian explained when the present purchase limits
for both himself and Harry have caused delays and inefficiencies in the daily operation
of the City.111eCouncil directed that the necessary ordinance changes be prepared
to increase Brian's purchase authority to $2000.00 and Harry's to $1000.00.
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Report From Personnel CommitteeOn Six MonthReviews.
CouncilmanBailey reported that reviews were completed for Jim DeWitt,Jr.and Toni
Lestina and that the Personnel Committeerecommendsretaining both employees and that Jim's
salary be increased from $15,516.80 to $16,016.80 effective January 16 and that Toni's
salary be increased from $13,520.00 to $14,560.00 effective January 1.CouncilmanBailey,
seconded by CouncilmanGruber,movedadoption of all Personnel Committeerecommendations.
Motion carried 5 to O.
City Hall Cleaning.Brian reported that Toni Lestina has offered to fill the City Hall
cleaning vacancy and to fulfill the contract requirements.CouncilmanScott,seconded by
CouncilmanClark,movedto hire Toni Lestina as an independent contractor for the Cleaning
of City Hall.Motion carried 5 to O.
Metropolitian Design Standards.CouncilmanBailey reported that the Planning and Zoning
Committeerecommendsadopting the Metropolitian Design Standards but amending the standard
to provide for:29'wide local service streets with 60'right of way;49'wide arteriaJ.
streets with 100'right of way;and 10 year storm design standards for storm sewer systems~
CouncilmanBailey,seconded by CouncilmanGruber,movedadoption of P &Z recommendations.
MayorPro-tem Bailey called for a roll call vote and the following vote was recorded:
Ayes:Bailey,Clark,Gruber,Scott.Nayes:Duroy.Motion carr-ted 4 to 1.
Joint G.C.M.O.A.and M..I.A.L.G.on February 12th.CouncilmanDuray,seconded by Councilman
Clark,movedto send the Councilman,Mayor,City Clerk,and Treasurer that are able to
attend to the meeting.Motion ca=ied 4 to 1.
Jaycees Street Dance.It was noted that last month in approving closing the triangle for
the Jaycees street dance to be held on July 18,the Council had not set what specific
streets could be closed nor the hours that the streets maybe closed.CouncilmanScott,
seconded by CouncilmanDuroy,movedto close Ashworth and Walnut between 5th and 6th Streets
from Noonuntil Midnight on Saturday July 18,1992 for the Jaycees street dance.Motion
ca=ied 5 to O.
Handicap Sign.OcuncilmanBailey recommendedsecuring a sign to indicate the handicap
entrance to City Hall is the West Entrance.CouncilmanScott,seconded by Councilman
Clark,movedadoption of the recommendation.Motion carried 5 to O.
MayorPro-tern Bailey read a proclamation declaring the week of February 9-15,1992 as
DECAWeek.
Steve Pierce presented a proposal for the HickmanRoad Trunk Sewer Project and informed the
Ocuncil that Bob Veenstra Jr.would attend the February 17th meeting to discuss financing
alternatives and to answer questions.
CouncilmanGruber,seconded by CouncilmanDuroy,movedto adjourn at 10:40 P.M.Motion
carried 5 to O.
Meeting Adjourned.
The special meeting of meeting of the WaukeeCity Council was called to order at 7:00 P.M.
on MondayFebruary 17,1992 by MayorFloyd Rosenkranzwith Brian Redshawtaking minutes.
Roll call was taken and the following CounciJrrenwerepresent:DonBailey,Ray Clark,Frank
Duray and Nick Gruber.Absent:Curtis Scott.
The following staff and guests were present:Toni Lestina,Tim Royer,Chuck Christianson,
Larry Phillips,Steve Pierce,Bob Veenstra Jr,Mark Broderick,Gary Smith,William Lillis,
Dennis Connolly,Joy Riggs,Craig Butterfield,Clair Eason,DonnaEason,Jerry Purdy,
Kevin Johnson,Al Scholes,John Grisso,Don Henson,and Johanna Werch.
Movedby Bailey,seconded by Duroy,to approve the minutes of the 1/20/92 Council Meeting
as corrected.Motion carr-ted 4 to O.Curtis Scott a=ived.
School Board Discussion on TIF.MayorRosenkranz presented a certificate of appreciation
to Clair Eason,WaukeeCommunitySchools Superintendent.
Water Department Test Bench.ChuckChristianson talked to the City Council regarding the
purchase of a water meter test bench.Movedby Duray,seconded by Gruber,to purchase a
water meter test bench for $2801.00.A roll call vote was taken:Ayes:Bailey,Clark,
Duray,Gruber,Scott.Nayes:NoneRecorded.Motion cerrued 5 to O.
Guests:Kirk Tyler -Waterline Hookup.Kirk Tyler of Atlantic Bottling was not present
at the meeting.
BobVeenstra Jr -HickmanRoad Sewerline Special Assessment.BobVeestra,Jr.of Veenstra