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HomeMy WebLinkAbout1992-07-20-Regular Minutes-136- authorize Brian to attend two conferences in August Motion carried 5 to o. 1ldjou:r:IJllEIlt.Movedby CouncilmanGruber,seconded by CouncilmanDuroy,to adjourn. Motion carried 5 to O. Meeting adjourned at 11:18 p.m, Attested: - The July 20,1992 WaukeeCity Council regular meeting was called to order at 7:14 p.m, by Mayor Floyd Rosenkranz with Bob Barrett taking minutes. Roll call was taken and the following Councilmenwere present:DonBailey,Ray Clark, Frank Duroy,and Curt Scott.Nick Gruber was absent. Staff and guests present were:Mark Casey,Bruce and Betty Jo Kuehl,OpenKuehl,Bart Weller,DennyDolmage,Linda Mack,Gilbert Stanley,LeRoy&Linda Graham,Ted Torstenson, Carol Hansen,Harmon&June Priel,Phoebe Bartelt,Bob &Kay Jacobsen,RandyHansen, Francis Forret,James Tucker,Dennis Forret,Jeff Abbas,Don Hensen,Paul E.Huscher, Brad Curtis,Steve Pierce and Dan Miller. xenia Water Agreement.Motion by CouncilmanScott,seconded by CouncilmanClark,to approve the Two-MileAgreementwith Xenia Rural Water District and the boundaries of the Dallas Project as set forth and shownon Exhibit A is described as beginning at a point approximately l,r mile West of X Avenueand Meredith Drive,then West along Meredith Drive to the WaukeeCity limits at North Wa=ior Lane,then North along North Wa=ior Lane to the WaukeeCity limits (approximately !z mile),then West along the WaukeeCity limits and beyond to approximately !z mile West of U Avenue,then South at the Section midpoints to 300th Street,then East to U Place,then South to Interstate 80.A roll call vote was taken:Ayes:Bailey,Clark,Duray and Scott.Nayes:Nonerecorded.Absent:Gruber. Motion carried 4 to O.- Motion madeby CouncilmanDuray,seconded by CouncilmanClark,to approve Resolution No. J\-'to allow Xenia Rural Water District to serve the namedproperty owners within the Waukee protected service area: 212 1.Gilbert Stanley 2.Mike Keller 3.Harold Keller 4.HarmonPriel 5.Dave Brcka A roll call vote was taken:Ayes:Bailey,Clark,Duray and Scott.Nayes:Nonerecorded. Absent:Gruber.Motion carr-Ied 4 to O. AppJ:oval of July 7th Minutes.Motion by CouncilmanClark,seconded by CouncilmanBailey, to approve the minutes of July 7,1992 as presented.Motion carried 4 to O. Guests: Dennis Iblmage -New Direct=Introduction.Dennis Dolmage,President of the Waukee Public Library Board of Trustees,introduced Linda Mackas the new Library Directory effective 7-1-92.Motion by CouncilmanBailey,seconded by CouncilmanDuroy,to approve .';:1 Resolution No.213 expressing support for the appointment of Linda Mackas Director of the WaukeePublic Library.Motion carried 4 to O. Randy Hansen -MaIy Ann Estates Block Party.Requested permission to close Locust Street East of Kaylin Drive from 1:00 p.m.to 9:00 p.m.on August 9th,with August 16th as the rain date,for a Mary Ann Estates Block Party.Motion by CouncilmanDuroy, seconded by CouncilmanScott,to approve request.Motion carried 4 to O.- -137- Bill ITesentation.Motion by Councilman Duray,seconded by Councilman Clark,to approve payment of bills submitted totaling $78,590.79.Motion carried 4 to O. VENDER PURPOSE AMOUNT ADVERT-A-SHIRT BAKER &TAYLORBOOKS BANKERSTRUST CQIIlPANY BANKERSLEASING CQIIlPANY BINGS OFFICE SUPPLY BLUE CROSS/BLUE SHIELD BORDER'S BOOK SHOP CITY OF CLIVE COPY SYSTEMS DAWSON DEMCO DMWATERWORKS DORSEY &WHITNEY ENCYCLOPEDIABRITANNICA FARMERSCOOP ELEVATOR HE LEISERCWITZ PAUL E HUSCHER PAUL R HUSCHER HYMANFREIGHTWAYS INGRAMBOOK CCMPANY ICWA PCWER LINDA MACK ALISSA MILLS OLSON BROTHERS ORKIN PEST CONTROL QUILL CORPORATION RICH BROTHERS ROCHESTERMIDLAND SPRY AUTO UNITED STATES CELLULAR U.S.POSTAL SERVICE U.S.WEST COMMUNICATIONS VEENSTRA&KIMM,INC. WASTEMANAGEMENT WAUKEEHARDWARE WAUKEEMUNICIPAL GAS DEBRAWITYK SRP T-SHIRTS LIBRARY MATERIALS BOND FEES COPIER PAYMENT OFFICE SUPPLIES INSURANCE LIBRARY MATERIAL NW 142nd STREET FAX MAINTENANCE LIBRARY MATERIALS STEP STOOL WATERUSAGE BOND ISSUANCE LIBRARY MATERIALS 6/92 PURCHASES POLICE SUPPLIES SERVICES SERVICES SHIPPING CHARGE LIBRARY MATERIALS SERVICES EXPENSES SRP EXPENSES 6/92 PURCHASES SERVICES LIBRARY EQUIPMENT FIREWORKS. SUPPLIES SERVICES CELLULARSERVICE POSTAGE TELEPHONESERVICE 6/92 SERVICES 6/92 6/92 PURCHASES 6/92 PURCHASES LIBRARY CLEANING $620.00 8.00 975.00 57.06 207.22 9,773.42 262.91 10,147.00 250.00 17.60 31.84 14,559.71 7,877.16 1,068.15 614.34 78.33 951.00 210.00 45.00 128.42 4,888.98 320.25 80.93 1,070.86 25.00 498.39 3,502.15 332.19 903.69 52.99 29.00 1,075.72 16,323.74 379.25 740.32 75.17 110.00 $78,590.79 Bllilding Code Or:dinance Adoption.Councilman Clark introduced an ordinance entitled "Ordinance No.2158.An Ordinance To Adopt By Reference A Complete Bllilding Code Regulating The Erection,Construction,Enlargement,Alteration,Repair,Moving,Rerroval, Conversion,Derrolition,Occupancy,Equipnent,Use,Height,Area And Maintenance Of Buildings and Structures,Including Mobile Homes;To Provide For The Issuance Of Permits And Collection Of Fees;And To Provide Penalties For Violations." It was moved by Councilman Duroy,seconded by Councilman Scott,that the aforementioned ordinance be read by the Acting City Clerk.The Mayor put the question on the motion and the roll being called,the following named Councilmen voted:Ayes:Bailey,Clark, Duray and Scott.Nayes:None recorded.Absent:Gruber.Motion carried 4 to O. Whereupon,the Mayor declared that said ordinance had been given its initial passage. Bob read the following ordinance: ORDINANCENO.2158 AN ORDINANCETO ADOPT BY REFERENCEA CCMPLETEBUILDING CODE REGULATINGTHE ERECTION, ooNSTRUCTION,ENLARGEMENT,ALTERATION,REPAIR,MOVING,REMOVAL,CONVERSION,DEMOLITION, OCCUPANCY,EQUHMENT,USE,HEIGHT,AREA AND MAINTENANCEOF BUILDINGS AND STRUCTURES, INCLUDINGMOBILE HOMES;TO PROVIDE FOR THE ISSUANCE OF PERMITS AND COLLECTIONOF FEES; AND TO PROVIDE PENALTIES FOR VIOLATIONS. BE IT ENACTEDby the City Council of the City of Waukee,Iowa: SECTION 1.Short Title.This ordinance shall be known as the Waukee,Iowa,Building Code,and may be cited as such,and will be refe=ed to herein as "this ordinance." SECTION 2.Adoption of State Building Code.The "Iowa State Building Code," promulgated by the Iowa State Building Code Advisory Council and the Iowa State Building Code Commissioner pursuant to Code of Iowa Chapter 103A,is hereby adopted as,and shall constitute,the "Building Code of the City of Waukee,Iowa,"to regulate the erection, construction,enlargement,alteration,repair,moving,rerroval,conversion,demolition, occupancy,equipnent,use,height,area,and maintenance of buildings,or structures,in the City of Waukee,Dallas County,Iowa,and the same is by this reference incorporated -138- herein as fully and completely as if set forth in full herein. Official copies of the aforementioned Iowa State Building Code,the standard codes adopted therein,and a certified copy of this ordinance are on file in the Office of the City Clerk. SECTION3.Administrative Provisions.Administration of this ordinance shall be as provided in this section and in the following sections of the several codes named which are hereby adopted by reference to provide procedures for local enforcement of the codes,constituting the state building codes.The Building Official shall be appointed by the Mayorsubject to approval by the City Council;for the enforcement of the Building, Electrical,Plumbing,Mechanical,Fire,and DangerousBuildings Codes;and such other ordinances as shall assign him or her that function,and shall perform such other duties as maybe required by the city Administrator by any classification plan adopted by the city.He or She shall be accountable for the issuance of all applicable permits under this ordinance,which shall exclude building permits issued in compliancewith the ZoningOrdinance of the City of Waukee.The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code,subject to approval of the Council of the City of Waukee,as he maydeemnecessary in order to clarify the application of the provisions of this code. Such interpretations,rules and regulations shall be in conformity with the intent and purpose of this code. 1.UniformBuilding Codeand appendices,1991 edition,the UniformBuilding Code Standards 1991 edition,as published by the International Conferenceof Building Officials; as adopted by the Iowa State Building Code 800.0,adopted herein as the Waukee,Iowa Building Code. (a)Board of appeals,Section 204,but all board appointments shall be approved by the counciL (b)Enforcement,Sections 201,202 paragraph A through G,203 and 205. (c)Permit procedure,Sections 301,302 and 303. (d)Fees,Section 304,UBC,1991 edition,amendedto provide that fees for construction values over $100,000.and up to $500,000.shall be $2.75 for each $1,000.or part thereof,of valuation,added to the permit fee for the first $100,000.;and for construction valued between $500,000.and $1,000,000.,shall be $2.50 for each $1,000.,or part thereof of valuation added to the permit fee for the first $500,000. - (e)Inspections,Sections 305 and 306. (f)Certificates,Section 308. 2.UniformMechanical Code,1991 edition,as published by the International Association of Plumbingand MechanicalOfficials;adopted herein as part of the Waukee, IowaBuilding Code. (a)Board of appeals,Section 203. (b)Enforcement,Sections 201,202 and 204. (c)Permits,Sections 301,302 and 303. (d)Fees,Section 304 of UBC,1991 edition,as amendedby paragraph 1 (d) hereof,computedon the bases of project cost. (e)Inspections,Sections 305 and 306. 3.UniformPlumbingCode,1991 edition,as published by the International Association of Plumbingand MechanicalOfficials,adopted herein as part of the Waukee,Iowa Building Code. (a)Permits and inspections,Sections 30.1,30.2,30.3,30.5 and 30.6. (b)Fees,Section 304 of UBC,1991 edition,as amendedby paragraph 1 (d) hereof,computedon the basis of project cost. 4.National Electrical Code,1990 edition,as published by the National Fire Protection Association,adopted herein as part of the Waukee,Iowa Building Code. (a)Permits and inspections are required for the following: (1)installation of electric conductors and equipmentwithin or on public and private buildings or other structures,including mobile homes, recreational vehicles,floating buildings,and other premises such as yards, carnivals,parking and other lots,and industrial sub-stations; (2)installation of conductors that connect to the supply of electricity; (3)installation of other outside conductors on the premises; (4)installation of optical fiber cable. - (b)Fees,Section 304 of UBC,1991 edition,as amendedby paragraph 1 (d) hereof,computedon the basis of project cost. 5. -139- Uniform Fire Code and the Uniform Fire Code Standards,1991 Edition,as published by the National Fire Protection Assoc.,the Uniform Housing Code,1991 Edition, and the Uniform Code for the Abatement of Dangerous Buildings,1991 Edition,both pUblished by the International Council of Building Officials. SECTION4.Conflict with state laws.Nothing in this ordinance or in the Uniform Building Code,as adopted,shall be construed to be in conflict with state laws or the State Housing Code.In the event of such conflict,the state law shall prevail. SECTION5.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION6.Severability clause.If any section,provision 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. SECTION7.When effective.This ordinance shall be in effect two days after its final passage,approval and publication as provided by law. Passed by the Council this day of t 1992,and approved __---'day of ,1992. Floyd Rosenkranz Floyd Rosenkranz MAYOR Attested: Brian J.Redshaw Brian J.Redshaw,City Clerk It was moved by Councilman Scott and seconded by Councilman Dur'oy that the statutory rule requiring said ordinance to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be,finally passed be suspended.The Mayor put the question on the motion and the roll being called,the following named Councilmen voted:Ayes:Bailey,Clark"Duroy and Scott.Nayes:None r-ecorded, Absent:Gruber.Motion carried 4 to O.Whereupon,the Mayor declared the motion duly ca=ied. It was moved by Councilman Bailey and seconded by Councilman Clark that the ordinance entitled "Ordinance No 2158.AN ORDINANCETO AOOPTBY REFERENCEA CCMPIETEBUILDINGCODE REGULATINGTHE ERECTION,CONSTRUCTION,ENLARGEMENT,ALTERATION,REPAIR,MOVING,REMOVAL, CONVERSION,DEMOLITION,OCCUPANCY,EQUIWlENT,USE"HEIGHT,AREAANDMAINTENANCEOF, BUILDINGSANDSTRUCTURES,INCLUDINGMOBILEHOMES;TO PROVIDEFOR THE ISSUANCE,OF PERMITS ANDCOLLECTIONOF FEES;AND TO PROVIDEPENALTIESFORVIOLATIONS",now be put upon its final passage and adoption of said ordinance and the roll be.iriq called,the following named Councilmen voted:Ayes:Bailey,Clark,Duroyand Scott.Nayess None recorded. Absent:Gruber.Motion carried 4 to O.WhE!reupon,the Mayor declared the motion duly ca=ied and said ordinance duly adopted.' It was moved by Councilmah Scott and sscondedby C~uncilman Duroy to appoint James Tucker as Building Official pursuant to Section 4'01:1.'The Mayor put the question on the motion and the roll being called,the following named Councilmen voted:Ayes:Bailey,Clark, Duroy and Scott.Nayes:None recorded.Absent:Gruber.Motion ca=ied 4 to O. Whereupon,the Mayor declared the motion duly carr-ied, I:MiW Storage Agreement.This item will be held until the next Council meeting to allow further study. FY91-92 Financial Audit.The Mayor expressed his vehement opposition to awarding any contract prior to securing a minimum of three bids.After due consideration,it was moved by Councilman Scott and seconded by Councd'Irnan Bailey to enter into an agreement with Gardiner &Company,P.C.to perform .'the annual audit of the City for the fiscal year ending June 30,1992.The Mayor put the question on the motion and the roll being called, the following named Councilmen voted:Ayes:Bailey,Clark,Duray,and Scott.Nayes: None recorded.Absent:Gruber.'Motion carried 4 to O.Whereupon,the'Mayor declared the motion duly carried. Well Prohibition Or:dinance.This has been referred to the Utilities Committee. Curbside Pickup Or:dinance.Motion by Councilman Duroy and seconded by Councilman Clark to have the Acting City Clerk read the ordinance entitled"An Ordinance Amending Chapter 213 Of The Code Of Ordinances Of The City Of Waukee,Iowa,Regulating And Licensing Of Commercial Haulers Of Refuse,By Renumbering Paragraphs And By Prohibiting Picking Up Of Refuse From Alleys."for the second time.A roll call vote was taken and the following named Councilmen voted:Ayes:Bailey,Clark,Duroy and Scott.Nayes:None recorded. Absent:Gruber.Motion ca=ied 4 to O.Whereupon,the Mayor declared that said ordinance had been given its second passage.Bob read the following ordinance: -140- ANORDINANCEAMENDINGCHAP'IER213 OF THECODEOF ORDINANCESOFTHECITYOFWAUKEE, IOiIA,REGULATINGANDLICENSINGOF CCMMERCIALHAULERSOF REFUSE,BYRENUMBERINGPARAGRAPHS ANDBYPROHffiITINGPICKINGUP OF REFUSEFRCMALLEYS. Section l.§213.3 of the Code of Ordinances of the City of Waukee,Iowa,is hereby amendedby changing the numbering thereof to §213.4 • Section 2.§213.4 of the Code of Ordinances of the City of Waukee,Iowa,is hereby amendedby changing the numbering thereof to §213.5. Section 3.§213.5 of the Code of Ordinances of the City of Waukee,Iowa,is hereby amendedby changing the numbering thereof to §213.6. Section 4.§213.6 of the Code of Ordinances of the City of Waukee,Iowa,is hereby deleted. Section 5.Chapter 213 of the Code of Ordinances of the City of Waukee,Iowa,is hereby amendedby inserting as §213.3 the following: No corrmercial hauler shall pick up refuse from any alley within any R-1,R-2,R-3, R-4,or R-5 Districts in the City of Waukeeas defined in the Zoning Ordinance of the City of Waukee,Iowa;provided,however,this ordinance shall not apply to the pick up of refuse from any municipally owned buildings. Section 6.Effective Date.This ordinance shall be in effect after its final passage,approval,and publication as required by law. - Passed by the Council this day of ,1992,and approved this day of ,1992. Floyd Rosenkranz Floyd Rosenkranz MAYOR Attest: Brian J.Redshaw Brian J.Redshaw,Clerk It was movedby Councilman Clark and seconded by Councilman Duroy that the statutory rule requiring said ordinance to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended.The Mayor put the question on the motion and the roll being called,the following named Councilmenvoted:Ayes:Bailey,Clark and Duroy.Nayes:Scott.Absent:Gruber. Whereuponthe Mayor declared motion failed by lacking 75%approval of entire Council. Appoinbrent of l\cting Mninistrat=.This item will be addressed with the adoption of the new employee handbook in August. lIdoption of Revised Project.The Council took up and considered the proposed Hickman Road Trunk Sewer Project.It was movedby Council MemberClark and seconded by Council MemberDuray that Veenstra &Kimm,Inc.be designated as engineers in connection with the project and may be hereafter referred to as the "Project Engineers."After due consideration thereof,the Mayor put the question on the motion and the roll being called, the following named Council Membersvoted:Ayes:Bailey,Clark,Duroy and Scott.Nayes: None recorded.Absent:Gruber.Motion carried 4 to O.Whereupon,the Mayor declared the said motion duly carr-Ied. The City Council took up the proposed HickmanRoad Trunk Sewer Project.It was investigated and found that the City had previously adopted a proposed Resolution of Necessity for such project,but at the time and place scheduled for hearing thereon had determined to restructure the project and,therefore,it is necessary for the City Council to initiate the procedures prescribed by Division IV of Chapter 384 of the Code of Iowa with respect to special assessment projects for the HickmanRoad Trunk Sewer Project,as restructured. Whereupon,Councilman Duroy moved the adoption of a preliminary resolution pursuant to Section 384.42 of the Code of Iowa.The motion was seconded by Councilman Clark and passed with record vote as follows:Ayes:Bailey,Clark,Duray and Scott.Nayes: None recorded.Absent:Gruber.Whereupon,the Mayor declared the following resolution duly adopted and signed approval thereto. - RESOLUTIONNO.214 Preliminary resolution pursuant to Section 384.42 of the Iowa Code covering the HickmanRoad Trunk Sewer Project. WHEREAS,it is deemed advisable that certain public improvements'be constructed in :;;\the City of Waukee,Iowa (the "City"),in accordance with the provisions of Chapter 384 of the Code of Iowa,and the cost or a portion thereof be assessed to the property benefited thereby;and -141- WHEREAS,the City has arranged for engineering services with Veenstra &Kirrm,Inc., in connection with the said improvement; NCM,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa: Section 1.TlJiesF0110wingsanitary sewer improvementsshall be constructed as a single improvementand such improvementshall be located with terminal points as follows: Description of the Type and Location of the Improvement: DESCIPTIONOF IMPROVEMENTS The project generally consists of an 18-inch trunk sewer beginning approximately five hundred seventy-two (572)feet north of the intersection of Fourth Street and Hickman Road (Iowa Highway6)and extending south approximately four hundred sixty-five (465) feet and then east parallel and one hundred seven (107)feet north of the centerline of HickmanRoad (Iowa Highway6)a distance of approximately two thousand seven hundred twenty-six (2,726)feet. It is considered that the property within the following described boundaries will be specially benefited by this improvementand should be specially assessed: HICKMANROADTRUNKSEWER WAUKEE,ICMA AREAOFASSESSMENT An area in Sections 28 and 33,Township79 North,Range 26 West of the 5th Principal Meridian located in the City of Waukee,Dallas County,Iowa,more particularly described as follows: Commencingat the east quarter corner of Section 28,Township79 North,Range 26 west;thence west along the east-west centerline of said Section 28 six hundred and sixty (660)feet;thence south parallel to the east line of Section 28 to a point six hundred sixty (660.0)feet north of the south line of Section 28;thence west parallel to the south line of Section 28 to a point ninety-three and four tenths (93.4)feet west of the north-south centerline of Section 28;thence south two hundred twenty-nine and five tenths (229.5)feet;thence west sixty (60.0)feet;thence south three hundred ninety- seven and five tenths (397.5)feet to the north right-of-way line of Iowa Highway6 (HickmanRoad);thence east along said north right-of-way line two hundred thirty and one tenth (230.1)feet;thence south eighty-three (83.0)feet to the northwest corner of Lot 26,Mary AnnEstates Plat 2;thence east seven hundred six and ninety-two hundredths (706.92)feet;thence south two hundred two (202.0)feet;thence west six hundred ninety- three (693.0)feet;thence south one hundred seventy (170.0)feet to the southwest corner of said Lot 26;thence east six hundred ninety-three (693.0)feet to the southeast corner of Lot 25,Mary Ann Estates Plat 2;thence south along the east line of Mary Ann Estates Plat 4 and MaryAnn Estates Plat 3 to the northeast corner of Outlot Y, Mary AnnEstates Plat 3;thence northwesterly along the northerly line of said Outlot Y twenty-seven and thirteen one hundredth (27.13)feet,thence southerly along the westerly line of said Outlot Y one hundred ninety-nine and sixty-six one hundredth (199.66)feet to the southwest corner of said Outlot Y located on the north right-of-way line of the Chicago and Northwestern Railroad;thence southeast along the north right-of-way line of said Railroad to.the east line of Section 33,Township79 North,Range 26 West,thence north along the east line of Section 33 to northeast corner of Section 33,said corner also being the southeast corner of Section 28,Township79 North,Range 26 West;thence north along the east line of Section 28 to the east quarter corner of Section 28,said quarter corner being the point of beginning,except for highwayright-of-way,streets, and roads. Section 2.The Project Engineers are hereby ordered to prepare preliminary plans and specifications,an estimated total cost of the work and a plat and schedule and to file the same with the City Clerk. Section 3.The improvementshall be knownas the "HickmanRoad Trunk Sewer Project", and shall be so referred to in all subsequent proceedings. Section 4.All resolutions,parts of resolutions,or actions of the Council in conflict herewith are hereby repealed,to the extent of such conflict. Passed and approved July 20,1992. Floyd Rosenkranz Floyd Rosenkranz MAYOR Attest: Brian J.Redshaw Brian J.Redshaw,City Clerk 142- The Acting City Clerk stated that the Project Engineers had completed and filed the plat. The Council proceeded to detennine the valuation of each lot within the assessment district and reported such valuations to the Project Engineers with instructions to showthem on the schedule to be filed. The Acting City Clerk stated that the Project Engineers had prepared and filed preliminary plans and specifications,an estimated total cost of the work and the plat and schedule, as directed :in the pre:L-,-r.minary.resblubGln just adopted. Thereupon,CouncilmanScott proposed the adoption of the resolution approving and adopting the said preliminary plans and specifications,and plat and schedule and estimate of cost pertaining to such Project.The motion was seconded by Councilman Bailey and passed with record vote,as follows:Ayes:Bailey,Clark,Duroy and Scott. Nayes:Nonerecorded.Absent:Gruber.Whereupon,the Mayordeclared the resolution duly adopted,as follows: Resolution No.215 - Resolution Approvingand Adopting Preliminary Plans and Specifications,Estimate of Cost and Plat and Schedule WHEREAS,the Council has adopted a preliminary resolution pursuant to Section 384.42 of the Code of Iowa,covering the HickmanRoadTrunk Sewer Project:and WHEREAS,in accordance with such preliminary resolution,the Project Engineers have prepared preliminary plgms and specifications,an estimated cost of the work and a plat and schedule,and have filed the same with the City Clerk;and WHEREAS,this Council has detennined the valuation of each lot proposed to be assessed for the HickmanRoad Trunk Sewer Project and such valuations are now shownon the schedule,and this Council deems it advisable that the said preliminary plans and specifications,estimated cost of the work and plat and schedule could be approved; NOW,THEREFDRE,It Is Resolved by the City Council of the City of Waukee,Iowa: Section 1.The preliminary plans and specifications refe=ed to in the preamble hereof be and the same are hereby approved. Section 2.The plat,schedule and the valuations as snownthereon and estimate of cost are hereby ratified and approved. Section 3.This Council proposes to proceed with the HickmanRoad Trunk Sewer Project and a proposed resolution of necessity shall be prepared and hear i.nq held thereon in accordance with the provisions of Sections 384.49,384.50 and 384.51 of the Code of Iowa.- Section 4.All resolutions,parts of resolution,actions of the Council in conflict herewith be and the same are hereby repealed. Passed and approved July 20,1992. Floyd Rosenkranz Floyd Rosenkranz MAYOR Attest: Brian J.Redshaw Brian J.Redshaw,City Clerk CouncilmanClark introduced and movedthe adoption of a proposal resolution of necessity covering the aforementioned ImprovementProject.The motion was seconded by Councilman Bailey and passed with record vote,as follows:Ayes:Bailey,Clark,Duroy and Scott. Nayes:Nonerecorded.Absent:Gruber.The Mayorthen declared the resolution adopted, as follows: Resolution No.216 WHEREAS,this Council has adopted a preliminary resolution in accordance with Section 384.42 of the Code of Iowa,covering the HickmanRoadTrunk Sewer Project (the "Pro jec t");and WHEREAS,pursuant thereto,the Project Engineers have prepared preliminary plans and specifications,an estimated total cost of the work and a plat and schedule,including the valuation of each lot as determined by this Council,and the same have been duly adopted and are nowon file with the City Clerk; NOW,THEREFORE,Be It Resolved by the City Council of the City of Waukee,Iowa: Section 1.It is hereby found and detennined to be necessary and for the best interest of the City and its inhabitants to proceed with the Project,and to assess the cost or a portion thereof to the property benefited thereby. Section 2.The Project shall constitute a single improvementand shall consist - 143- generally of the construction of 18-inch trunk sewer and other work incidental thereto all as more particularly described in the preliminary resolution relating to the Project previously adopted by this Council,which resolution is hereby referred to for a more ccmplete description of the location and terminal points of the Project and the property benefited thereby and proposed to be assessed to pay the cost or a portion of the cost of the Project.The location and terminal points of the Project are further described in the notice to property owners in Section 7 hereof. Section 3.It is hereby found and determined that there are nowon file in the office of the City Clerk an estimated total cost of the proposed work and a preliminary plat and schedule showing the amountproposed to be assessed to each lot by reason of the Project. Section 4.This Council will meet at 7:30 o 'clock p.m.,on the 11th day of August, 1992,at the City Hall,in the City,at which time and place it will hear the property owners subject to the proposed assessment or assessments and interested parties for or against the Project,its cost,the assessment thereof or the boundaries of the properties to be assessed.Unless a property owner files objections with the City Clerk at the time of the hearing on the resolution of necessity,he shall be deemedto have waived all objections pertaining to the regularity of the proceedings and the legality of using the special assessment procedure. Section 5.The City Clerk is authorized and directed to give notice as required by Section 384.50 of the Code of Iowa by publication once each week for two consecutive weeks prior to the hearing in a newspaperpublished at least once weekly and having general circulation in the City.The first publication of such notice in such newspaper shall be not less than 10 nor more than 20 days prior to the hearing. Section 6.The City Clerk shall likewise mail a copy of such notice by regular mail to each property owner whoseproperty is SUbject to assessment for the Project,as shownby the records in the office of the CountyAuditor not less than 15 days prior to the hearing on this resolution. Section 7.Such notice shall be in form substantially as follows: NOTICETOPROPERTYOWNERS NOTICEIS GIVEN:That there are nowon file for public inspection in the office of the City Clerk of the City of Waukee,Iowa,a proposed resolution of necessity,an estimate of cost and a plat and schedule showing the amounts of proposed to be assessed against each lot and the valuation of each lot within a district approved by the City Council of Waukee,Iowa,for a sanitary sewer improvement,described in general as the HickmanRoadTrunk Sewer Project,of the type and in the location as follows: Description of the Type and Location of the Improvement: The project generally consists of an 18-inch trunk sewer beginning approximately five hundred seventy-two (572)feet north of the intersection of Fourth Street and Hickman Road (Iowa Highway6)and extending south approximately four hundred sixty-five (465) feet and then east parallel and one hundred seven (107)feet north of the centerline of HickmanRoad (Iowa Highway6)a distance of approximately two thousand seven hundred twenty-six (2,726)feet. It is considered that the property within the following described boundaries will be specially benefited by this improvementand should be specially assessed: HICKMANROADTRUNKSEWER WAUKEE,ICWA AREAOFASSESSMENT An area in Sections 28 and 33,Township79 North,Range 26 West of the 5th Principal Meridian located in the City of Waukee,Dallas County,Iowa,more particularly described as follows: Oommencingat the east quarter corner of Section 28,Township79 North,Range26 West;thence west along the east-west centerline of said Section 28 six hundred and sixty (660)feet;thence south parallel to the east line of Section 28 to a point six hundred and sixty (660.0)feet north of the south line of Section 28;thence west parallel to the south line of Section 28 to a point ninety-three and four tenths (93.4)feet west of the north-south centerline of Section 28;thence south two hundred twenty-nine and five tenths (229.5)feet;thence west sixty (60.0)feet;thence south three hundred ninety- seven and five tenths (397.5)feet to the north right-of-way line of Iowa Highway6 (HickmanRoad);thence east along said north right-of-way line two hundred thirty and one tenth (230.1)feet;thence south eighty-three (83.0)feet to the northwest corner of Lot 26,MaryAnnEstates Plat 2;thence east seven hundred six and ninety-two hundredths (706.92)feet;thence south two hundred two (202.0)feet;thence west six hundred ninety- three (693.0)feet;thence south one hundred seventy (170.0)feet to the southwest corner of said Lot 26;thence east six hundred ninety-three (693.0)feet to the southeast corner of Lot 25,MaryAnn Estates Plat 2;thence south along the east line of MaryAnnEstates Plat 4 and MaryAnn Estates Plat 3 to the northeast corner of Outlot Y,MaryAnnEstates Plat 3;thence northwesterly along the northerly line of said Outlot Y twenty-seven and thirteen one hundredth (27.13)feet,thence southerly along the wes.terty line of said -144- Outlot Y one hundred ninety-nine and sixty-six one hundredth (199.66)feet to the southwest corner of said Outlot Y located on the north right-of-way line of the Chicago and Northwestern Railroad;thence southeast along the north right-of-way line of said Railroad to the east line of Section 33,Township79,North,Range26 West,thence north along the east line of Section 33 to northeast corner of Section 33,said corner also being the southeast corner of Section 28,Township79 North,Range26 West;thence north along the east line of Section,'28 to the east quarter corner of Section28,said quarter corner being the point of beginning,except for highwayright-of-way,streets and roads. The Council will meet at 7:30 o'clock p.m.,on the 11th day of August,1992,at the City Hall,Waukee,Iowa,at which time the owners of the property subject to assessment for the propcsed improvementor any other person having an interest in the matter may appear and be heard for or against the makingof the improvement,the boundaries of the district,the cost,the assessment against any lot or the final adoption of a resolution of necessity.A property ownerwill be deemedto have waived all objections unless at --- the time of hearing he has filed objections with the City Clerk. {Themailed copies of such notice to property owners mayhave added thereto the following: Accordingto the records of the CountyAuditor,you are the owner of: (Insert Legal Description) and the propcsed assessment against the same is $.) Section 8.All resolution,parts of resolutions,or actions of the Council in conflict herewith be and the same are hereby repealed,to the extent of such conflict. Passed and approved July 20,1992 Floyd Rosenkranz MAYOR Attest: Brian J.Redshaw City Clerk Set Date Fbr Special AssessmentHearing.CouncilmanBailey movedand seconded by CouncilmanDuroyto set August 11th,1992 at 7:30 p.m.at City hall as the date,time and place for the HickmanRoadTrunk Sewer Project special assessment hearing.A roll call vote was taken as follows:Ayes:Bailey,Clark,Duroyand Scott.Nayes:None recorded.Absent:Gruber.Motion carried 4 to O. PUblic safety Repcrt -Gruber.Report received. utilities Repcrt -Duroy.CouncilmanDuroyrepcrt that the Utility Committeeapproved adopting a $25.00 water construction fee to be paid at the time of the purchase of the building permit.This requries an ordinance change and was referred to the City Attorney. The Committeeis also researching a more competitive fee structure for multiple gas installations at a single building site and will repcrt their recommendationsto the Council whencompleted. Library Repcrt -Clark.Dennis Dolmage,President of the Library Trustees,repcrted on the Library IDirector hiring process,the search for an Assistant Library Director,and the search for a substitute librarian. The printed Library activity report was received. 1\dministrator's Repcrt.Bobreported the estimated cost of plastic gas line pipe for the Windfield addition is $15,600.00. Mayor's Repcrt.Steve Pierce repcrted that to correct the wet ditch problem South of the Police Departmententrance would require installing drainage pipe approximately 220 and filling the ditch at an estimated cost of $15000.00.Steve will check to see if this proj ect would qualify under T.1.F.f i.nanc.inq, Adjournment.Movedby CouncilmanDuray and seconded by CouncilmanScott to adjourn. Motion carried 5 to O. --- ft. Meeting Adjournedat 10:23 p.m,