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HomeMy WebLinkAbout1994-08-15-Regular Minutes-45 - THE AUGUST 15,1994 WAUKEE CITY COUNCIL REGULAR MEETING WAS CALLED TO ORDER AT 6:30PM. AT CITY HALL BY MAYOR CHET CHEDESTER WITH TONI LESTINA TAKING MINUTES. A ROLL CALL VOTE WAS TAKEN AND THE FOLLOWING NAMED CITY COUNCIL MEMBERS WERE PRESENT: NICK GRUBER,TERRY STRAIN,MONICA LIHS,FRANK DUROY AND DON BAILEY,JR. PERSONNEL COMMITTEE -LIHS.MOVED BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN DUROY, TO ENTER INTO CLOSED SESSION PURUSUANT TO IOWA CODE SECTION 21.51cl "To DISCUSS STRATEGY WITH COUNSEL IN MATTERS THAT ARE PRESENTLY IN LITIGATION OR WHERE LITIGATION IS IMMINENT WHERE ITS DISCLOSURE WOULD BE LIKELY TO PREJUDICE OR DISADVANTAGE THE POSITION OF THE GOVERNMENTAL BODY IN THAT LITIGATION".THE MAYOR ASKED FOR A ROLL CALL VOTE:LIHS, DUROY,STRAIN,GRUBER AND BAILEY.NAYS:NONE.MOTION CARRIED 5 TO 0.THE COUNCIL ENTERED CLOSED SESSION AT 6:40PM. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO COME OUT OF CLOSED SESSION.r ur MAYOR ASKED FOR A ROLL CALL VOTE,AYES:DURaY,lIHS,BAILEY,STIlAIN AND GRUBER.MOTION CARRIED 5 TO 0.THE COUNCIL LEFT CLOSED SESSION AT 7:26PM. STAFF AND GUESTS IN ATTENDANCE:BRIAN J.REDSHAW,BOB BARRETT,TONI LESTINA,JOHN THORNE,JOHN KURSITUS,PAUL E.HUSCHER,LEON KOEPPEL,BECCI MCGOWEN,HELEN LOCKWOOD, HERB PARRY,JAMES TUCKER,JOHN WESSELMANN,BILL FORBES,MARY WHITE,BART WELLER,STEVE FRAME,JEFF DOWNING,BEN PHILLIPS,GARY THORPE AND OTHERS. COUNCILMAN STRAIN SPOKE TO HIS FELLOW COUNCIL MEMBERS AND THE MAYOR REGARDING A TENT TO COVER WALNUT STREET DURING THE FALL FESTIVAL. GUESTS. JOHN SMIDT -HUNTER HOLLOW PLAT.JOHN SMIDT SPOKE BRIEFLY TO THE COUNCIL REGARDING THE HUNTER HOLLOW PLAT.AFTER CONSIDERABLE DISCUSSION,MOTION BY COUNCILMAN BAILEY, SECONDED BY COUNCILMAN STRAIN,TO APPROVE THE HUNTER HOLLOW PLAT.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,STRAIN,LIHS,GRUBER AND DUROY.NAYS'NONE.MOTION CARRI ED 5 TO 0. HERB PARRY -MIDWEST MOBILE HOME PARK.MR.PARRY,SPOKE TO THE COUNCIL REGARDING THE PROBLEMS THE RESIDENTS ARE HAVING WITH THE INSTALLATION OF THEIR MOBILE HOMES.THE MOBILE HOME RESIDENTS WOULD LIKE TO KNOW IF L&C HOMES AND THE MOBILE HOME PARK ARE LIABLE FOR THE INPROPER INSTALLATIONS.THE COUNCIL LISTENED TO NUMBEROUS COMPLAINTS DIRECTED TOWARD L&C HOMES AND MIDWEST MOBILE HOME PARK. JAMES TUCKER -MOBILE HOME TIE-DOWNS.JIM TUCKER,THE BUILDING INsrECTORS,ExrLAINED PROBLEMS WITH THE TIE-DOWN ORDINANCES.AFTER A LENGTH DISCUSSION,COUNCILMAN GRUBER RECOMMENDS TO FOLLOW THE STATE GUIDELINES. MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN BAILEY,TO SET INSPECTIONS TO FOLLOW THE STATE ORDINANCES AND GUIDELINES.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES: GRUBER,BAILEY,DUROY,LIHS AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0. MDTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO HAVE THE BUILDING INSPECTORS CHECK THE GRADING ON ALL NEW SITES IN MOBILE HOME PARK.ALL OTHER INSPECTIONS DONE IN THE MOBILE HOME PARK ARE TO BE DONE JUST AS HOUSE INSPECTIONS ARE DONE.'THE FEE HAS BEEN INCLUDED IN THE FEE STRUCTURE MR.TUCKER SUBMITTED TO THE COUNCIL.THE MAYOR 'ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,LIHS,GRUBER AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0. GARY THORPE -R.G.ELDER &SON.GARY THORPE SPOKE TO THE COUNCIL REGARDING THE MARY ANN ESTATES DRAINAGE PROJECT.MR.THORPE WOULD LIKE TO FINALIZE THIS PROJECT AND WOULD -46 - LIKE THE COUNCIL TO DIRECT HIM ON WHAT HE WOULD NEED TO DO TO ACCOMPLISH THIS.THE COUNCIL VOICED THEIR OPINIONS REGARDING THE SPRY PARKING LOT.R.G.ELDER &SON HAD DONE DAMAGE TO SPRY AUTO'S PARKING LOT.THE PROJECT WILL BE FINALED AS SOON AS THE REPAIR WORK HAS BEEN DONE TO THE PARKING LOT. MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN BAILEY,FOR R.G.ELDER &SON PAY $1,500.00 FOR THE PAYMENT OF DAMAGES TO SPRY AUTO'S PARKING LOT.THE MAYOR ASKED FOR A ROLL CALL VOTE,AYES,GRUBER.NAYS:BAILEY,LIHS,DUROY AND STRAIN.MOTION FAILED 1 TO 4. MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILWOMAN LIHS,TO HAVE MR.FORBES OF VEENSTRA &KIMM,MR.THORPE OF R.G.ELDER &SON AND MAYOR CHEDESTER MEET TO DISCUSS THIS ISSUE AND COME TO SOME AGREEMENT.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY, LIHS,DUROY,STRAIN AND GRUBER.NAYS:NONE.MOTION CARRIED 5 TO 0. CONSENT AGENDA. A.BILL PRESENTATION.THE CITY ADMINISTRATOR SUBMITTED CLAIMS FOR PAYMENT TOTALING $59,473.77. VENDOR PURPOSE AMOUNT FORMS PRINTED $459.15 FUEL PRESSURE GAUGE 98.74 7/94 SUPPLHS 144.30 PROFESSIONAL SERVICES 341.10 ~IATERIALS 137.78 P&I DEPOSIT/RESERV ACCT PYMT 37,867.00 DOG &CAT BOARDING 487.00 ]MATERIALS 12.02 7/94 PUBLICATIONS 208.55 SUPPLI ES 228.14 PARTS 440.00 RESPONDER SUPPI.IES 83.00 7/94 PURCHASES 790.77 7/94 PURCHASES 244.51 GAS PIPE 1,645.00 BUFFER SOLN 32.70 7/94 CITY HALL CLEANING 425.00 FIRST-AIDE SUPPLIES 35.50 .S.DALLAS COUNTY LANDFILL 260.00 ENERGY EFFICIENCY PLAN 300.00 INT'L INST OF MUNI CLERK 65.00 MATERIAL 703.80 NETWORK SERV 4.32 7/94 SERVICES 379.00 ROADS TONE HAULING 438.06 DRS INSPECTION 800.00 SCOTCH KOTE ELEC 239.83 WATER WORKSHOP 140.00 COPIER PAYMENT #6 72.31 HYDRO TESTING 15.00 WORKSHOPS -L MACK 66.08 1SWIMLESSONSDIRECTOR200.00 MISC.SUPPLI ES 697.00 STREEt SIGNS 801.82 PURCHASE GAS 6,758.06 AMERICAN SPEEDY PRINTING ARNOLD MOTOR SUPPLY ATLANTIC BOTTLING CO. BABICH,MCCONNELL &RENIO BAKER &TAYLOR BOOKS BANKERS TRUST COMPANY BRODERICK ANIMAL CLINIC CAPPER PRESS-0.-DALLAS COUNTY NEWS DEMCO EDDY-WALKER EQUIP Co FMFRGFNCY MEDICAL PROD FARMER'S COOP ELEVATOR FULLER STANDARD SERVICE GROEBNER &Assoc,INC. HACH COMPANY HARTMAN,RON FAST PRO INTERNATIONAL INC HUSCHER,PAUL E. IA Assoc INTERNATIONAL INSTITUTE INGRAM LIBRARY SERVICES IA COMMUNICATIONS NETWORK MIOWEST POWER JIM COONS TRUCKING KAL,INC. KAR PRODUCTS KIRKWOOD COMM COLLEGE LEASE CONSULTANTS CORP LEYDENS &Assoc MACK,LINDA MOTSINGER,WADE MUNICIPAL SUPPLY NEWMAN TRAFFIC SIGNS· NORTHERN NATURAL GAS -47 - OHIO DISTINCTIVE SOFTWARE OLSON BROTHERS PC MAGAZINE PC NOVICE QUALITY FORD OF W.D.M. GENEX R-WAY CONCRETE RYNEARSON,JENNIFER L. STANLEY,LARRY TIGGES,MARK TOFTELAND,JOY E. TRI-STATE PUMP &CONTROL TRIPLETT OFF ESSENTIALS US POSTAL SERVICE US WEST COMMUNICATIONS UPSTART UTILITY CONSULTANTS UTILITY SUPPLY OF AMERICA WAL-MART WASHPOINTE AUTOWASH WAUKEE COMMUNITY SCHOOL WAUKEE ELECTRONICS WAUKEE HARDWARE &VARIETY WAUKEE MUNICIPAL GAS WEARGUARD WERCH,MARY WITYK,DEBRA MATERIAL 7/94 PURCHASES SUBSCRIPTION SUBSCRIPTION RADIO REPAIR OXYGEN &ACETYLENE CONCRETE 1.5 HRS -LIBRARY BuS DRIVER Bus DRIVER WORKSHOP &SUPPLIES CONCRETE PAD PRINTER RIBBONS ROLL OF STAMPS 8/94 SERVICE BOOKMARKS 7/94 TESTI NG M ISC.SUPPLI ES SRC SUPPLI ES 7/94 AUTOWASHES Bus TRIP TO SKATE WEST TAPE REPAIR 7/94 PURCHASES GAS SERVICE SHIRTS CD/ROM SELECT PHONE 7/94 LIBRARY CLEANING 11.00 383.22 29.97 24.00 29.43 40.77 824.70 7.50 710.50 21.75 40.02 185.65 116.82 29.00 100.06 29.25 200.00 233.99 14.19 6.75 125.74 18.00 400.37 20.50 67.38 62.67 120.00 TOTAL $59,473.77 B.ASHLAND COURT BLOCK PARTY.THE CITIZENS LIVING ON ASHLAND COURT ARE REQUESTING PERMISSION TO CLOSE ASHLAND COURT ON SEPTEMBER 4TH FROM 1:00PM.TO 9:00PM. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN STRAIN,TO APPROVE THE CONSENT AGENDA.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY,STRAIN,GRUBER,LIHS AND BAILEY.NAYS:NONE.MOTION CARRIED 5 TO 0. LIBRARY REPORT -BAILEY.COUNCILMAN BAILEY PRESENTED THE LIBRARY REPORT TO THE COUNCIL.COUNCILMAN BAILEY WOULD LIKE TO ANNOUNCE TO ANYONE INTERESTED THAT THE LIBRARY HAS QUASQUICENTENNIAL BOOKS FOR SALE FOR $10.00.MOTION BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN BAILEY,TO RECEIVE THE LIBRARY REPORT.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:LIHS,BAILEY,STRAIN,GRUBER AND DUROY.NAYS:NONE.MOTION CARRIED 5 TO 0. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO HOLD ITEM #8 (DRAIN BACKUP ORDINANCE)OVER TO THE SEPTEMBER 12 COUNCIL MEETING.THE MAYOR ASKED FOR A VOICE VOTE. MOTION CARRIED 5 TO 0. PUBLIC WORKS REPORT -JOHN WESSELMANN. A.CONTRACT METER READING.JOHN PRESENTED TWO PROPOSALS TO THE COUNCIL REGARDING THE COST PER METER FOR CONTRACT METER READING.JOHN FEELS THE MEN IN MAINTENANCE COULD BE USING THE TIME IT NORMALLY TAKES TO READ METERS TO COMPLETE MORE IMPORTANT WORK IN THE CITY.THE ESTIMATED COST INVOLVED FOR THE MAINTENANCE EMPLOYEES TO READ METERS IS $798.50 PER MONTH.THE ESTIMATED COST INCLUDES SALARY AND BENEFITS.A REPRESENTATIVE FOR PEOPLES NATURAL GAS SPOKE TO THE COUNCIL AND ASSURED THEM THEY COULD READ THE METERS FOR A REASONABLE RATE.THEY WOULD LIKE TO HAVE A 3 YEAR CONTRACT.MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO ACCEPT THE BID FROM PEOPLES NATURAL GAS AND C".. '- -48 - THAT THE CONTRACT BE FORWARDED TO THE CITY ATTORNEY AND THEN BROUGHT BACK TO THE COUNCIL.THE COUNCIL WOULD LIKE PEOPLE'S NATURAL GAS TO SUPPLY THE CITY ATTORNEY WITH A 1 YEAR CONTRACT AND A 3 YEAR CONTRACT.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES: DUROY,GRUBER,STRAIN AND LIHS.NAYS:BAILEY.MOTION CARRIED 4 TO 1.IB.8 -12 INCH CONNECTION.THE DEVELOPERS INVOLVED WITH THE DEVELOPMENT OF WINDSOR WEST WOULD LIKE TO TAP INTO THE CITY'S 12INCH WATER MAIN.THIS WOULD INCREASE THE WATER PRESSURE IN TOWN AND ALSO COMPLETE THE LOOP.THE ESTIMATED COST WOULD BE $3,000.THIS WOULD BE DONE AT CITY EXPENSE.MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN GRUBER,TO HAVE THE 8 TO 12 INCH CONNECTION AT THE END OF 3RD STREET TO OUR 12 INCH LINE AT THE COST OF $3,850.00.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,GRUBER, LIHS,DUROY AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0. A-1 To R-2 REZONING (HAWBAKER).JERRY OLIVER AND TOM WHITMAN OF CIVIL ENGINEERING CONSULTANTS SPOKE TO THE COUNCIL ON BEHALF OF MIKE MYERS AND IOWA REALTY REGARDING THE REZONING OF THE GRACE HAWBAKER PROPERTY.THEY HAVE PRESENTED THEIR PROPOSAL TO THE PLANNING AND ZONING COMMISSION.AFTER A LENGTHY DISCUSSION AND ANSWERED ANY QUESTIONS COUNCILMAN GRUBER INTRODUCED "AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE, ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-1 (AGRICULTURAL DISTRICT)TO R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT>;AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING". MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN DUROV,TO HAVE THE SAID ORDINANCE READ BY THE CITY CLERK FOR THE FIRST TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES: GRUBER,DUROY,LIHS,STRAIN AND BAILEY.NAYS:NONE.MOTION CARRIED 5 TO 0.BRIAN READ THE FOLLOWING ORDINANCE: AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-1 (AGRICULTURAL DISTRICT)TO R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT);AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WAUKEE: SECTION 1.SECTION 301.4 OF CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY,ADOPTING THE OFFICIAL ZONING MAP,IS HEREBY AMENDED BY CHANGING THE FOLLOWING DESCRIBED REAL ESTATE FROM A-1 (AGRICULTURAL DISTRICT)TO R-2 (ONE AND ToW FAMILY RESIDENTIAL DISTRICT),AND THAT THE OFFICIAL ZONING MAP BE MADE TO REFLECT SUCH AMENDMENT: THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5T P.M.,EXCEPT THE WEST 660 FEET OF THE NORTH 575 FEET,CITY OF WAUKEE, DALLAS COUNTY,IOWA. 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,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.ISECTION4.EFFECTIVE DATE.THIS ORDINANCE SHALL BE IN EFFECT UPON ITS FINAL PASSAGE,APPROVAL AND PUBLICATION AS PROVIDED BY LAW. -49 PASSED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA,THIS __DAY OF _______________,1994. ATTESTED' CHET CHEDESTER CLAIRE L.CHEDESTER MAY 0 R BRIAN J.REDSHAW BRIAN J.REDSHAW,CITY CLERK A-1 To R-4 REZONING (HAWBAKER).COUNCILMAN GRUBER INTRODUCED "AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE- ZONING AND CHANGING CERTAINPROPERTY THEREIN FROM A-1 (AGRICULTURAL DISTRICT)TO R-4 (ROW DWELLING AND CONDOMINIUM DISTRICT);AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE- ZONING. MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCIL DUROY,TO HAVE THE SAID ORDINANCE READ BY THE CITY CLERK FOR THE FIRST TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE:AVES, GRUBER,DUROY,STRAIN,BAILEY AND LIHS.NAYS:NONE.MOTION CARRIED 5 TO 0.BRIAN READ THE FOLLOWING ORDINANCE' AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-1 (AGRICULTURAL DISTRICT)TO R-4 (ROW DWELLING AND CONDOMINIUM DWELLING DISTRICT);AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WAUKEE' SECTION 1.SECTION 301.4 OF CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY,ADOPTING THE OFFICIAL ZONING MAP,IS HEREBY AMENDED BY CHANING THE FOLLOWING DESCRIBED REAL ESTATE FROM A-1 (AGRICULTURAL DISTRICT)TO R-4 (Row DWELLING AND CONDOMINIUM DISTRICT),AND THAT THE OFFICI CAL ZONING MAP BE MADE TO REFLECT SUCH AMENDMENT: THE WEST 660 FEET OF THE NORTH 575 FEET OF THE WEST ONE- HALF OF THE NORTHEAST QUARTER OF SECTION 34,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE, DALLAS COUNTY,IOWA. SECTION 2.REPEALER.ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE ARE HEREBY REPEALED. SECTION 3.SEVERABILITV 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. SECTION 4.EFFECTIVE DATE.THIS ORDINANCE SHALL BE IN EFFECT UPON ITS FINAL PASSAGE,APPROVAL AND PUBlCIATION AS PROVIDED BY LAW. PASSED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA,THIS __DAY OF _ ,1994. l L -50 - CHET CHEDESTER ATTES TED:ICLAIREL.CHEDESTER MAY 0 R BRIAN J.REDSHAW BRIAN J.REDSHAW,CITY CLERK WATER RATE ORDINANCE.MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN HAVE THE WATER RATE ORDINANCE READ BY THE CITY CLERK FOR THE SECOND TIME. ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,LIHS,STRAIN AND GRUBER. MOTION CARRIED 5 TO 0.BRIAN READ THE FOLLOWING ORDINANCE: DUROY,TO THE MAYOR NAYS:NONE. AN ORDINANCE TO AMEND SECTION 203.2,PROVIDING FOR WATER RATES TO BE CHARGED BY THE WATER WORKS OPERATED BY THE CITY OF WAUKEE,IOWA,BY AMENDING RATES CHARGED PERSONS OUTSIDE THE CITY LIMITS OF WAUKEE,AND PROVIDING FOR CONSENT OF DES MOINES WATER WORKS FOR SERVICE OUTSIDE THE CITY LIMITS. SECTION 1.AMENDMENT.SECTION 203.2,WAUKEE MUNICIPAL CODE IS HEREBY AMENDED BY DELETING THEREFROM THE WORDS,"ALL USERS OUTSIDE THE CITY OF WAUKEE WILL BE CHARGED $30.00 PER MONTH MINIMUM AND TWO TIME THE ABOVE DESIGNATED RATES PER METER,"AND INSERTING IN LIEU THEREOF,"ALL USERS OUTSIDE THE CITY LIMITS OF WAUKEE WILL BE CHARGED $30.00 PER MONTH MINIMUM AND 125%OF THE ABOVE DESIGNATED RATES PER METER,"SO THAT SECTION 203.2 SHALL READ: SECTION 203.2.WATER RATES.WATER SHALL BE FURNISHED AT THE FOLLOWING MONTHLY RATES PER METER WITHIN THE CITY LIMITS: FIRST 2,000 GALLONS OR $15.00 PER MONTH LESSER AMOUNT PER MONTH (MINIMUM MONTHLY BILL) ALL OVER 2,000 GALLONS $6.40 PER 1000 GALLONS PER MONTH ALL USERS OUTSIDE THE CITY LIMITS OF WAUKEE WILL BE CHARGED $30.00 PER MONTH MINIMUM AND 125%OF THE ABOVE DESIGNATED RATES PER METER: WATER WILL NOT BE FURNISHED OUTSIDE THE LIMITS OF WAUKEE WITHOUT CONSENT OF DES MOINES WATER WORKS. SECTION 2.REPEALER.ALL ORDINANCES OR PARTS OF ORDINANCES INCONFLICT WITH THE PROVISIONS OF THIS ORDINANCE ARE HEREBY REPEALED. SECTION 3.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. SECTION 4.EFFECTIVE DATE.THIS ORDINANCE SHALL BE IN EFFECT UPON ITS FINAL PASSAGE,APPROVAL AND PUBLICATION AS PROVIDED BY LAW. -51 - PASSED BY THE COUNCIL THIS 15TH DAY OF AUGUST,1994,AND APPROVED THIS 15TH DAY OF AUGUST,1994. ATTESTED: CLAI RE L.CHEDESTER CLAIRE L.CHEDESTER MAY 0 R BRIAN J.REDSHAW BRIAN J.REDSHAW,CITY CLERK MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN STRAIN,TO AMEND ORDINANCE FROM 125%TO 150%.THE MAYOR ASKED FOR A ROLL CALL VOTE: STRAIN,GRUBER,LIHS AND DUROY.NAYS:NONE.MOTION CARRIED 5 TO 0. THE WATER RATE AYEs:BAILEY, MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN BAILEY,TO DISPENSE WITH THE RULE REQUIRING CONSIDERATION AT TWO PREVIOUS MEETINGS PRIOR TO THE MEETING OF FINAL ACTION. THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:GRUBER,BAILEY,LIHS,DUROY AND STRAIN. NAYS:NONE.MOTION CARRIED 5 TO 0. MOVED BY COUNCILMAN GRUBER,SECONDED COUNCILMAN STRAIN,TO PUT ORDINANCE No.2188 "AN ORDINANCE TO AMEND SECTION 203.2,PROVIDING FOR WATER RATES TO BE CHARGED BY THE WATER WORKS OPERATED BY THE CITY OF WAUKEE,IOWA,BY AMENDING RATES CHARGED PERSONS OUTSIDE THE CITY LIMITS OF WAUKEE,AND PROVIDING FOR CONSENT OF DES MOINES WATER WORKS FOR SERVICE OUTSIDE THE CITY LIMITS"UPON ITS FINAL PASSAGE AND ADOPTION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYEs:GRUBER,STRAIN,LIHS,BAILEY AND DUROY.NAYS:NONE.MOTION CARRIED 5 TO 0.WHEREUPON,THE MAYOR DECLARED ORDINANCE #2188 DULY ADOPTED AND PASSED. HICKMAN ROAD TRUNK SEWER JOlIN KURSITUS REPRESENTING VEENSTRA &KIMM,INC.SPOKE TO THE COUNCIL REGARDING THE HICKMAN ROAD TRUNK SEWER.JOHN EXPLAINED THE HANDOUTS AND STUDIES THAT HAVE BEEN COMPLETED.AFTER A LENGTHY DISCUSSION,MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN GRUBER,TO HAVE MAYOR CHEDESTER HAND DELIVER A LETTER TO MR.LAYDEN AND TO SPEAK TO THE RESIDENTS OF THIS AREA.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYEs:BAILEY,GRUBER,LIHS,STRAIN AND DUROY.NAYS:NONE.MOTION CARRIED 5 TO 0. MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO INSTRUCT THE CITY ENGINEERS TO SCHEDULE A MEETING AND NOTIFICATION OF THE PROPERTY OWNERS AFFECTED BY THE HICKMAN ROAD SEWER LINE PROJECT.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY, DUROY,LIHS,GRUBER AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0. BOONE DRIVE PAVING PROJECT THE COUNCIL AND MAYOR HElD A BRIEF DISCUSSION REGARDING THE COSTS AND TIME SCHEDULE REGARDING THE PAVING OF BOONE DRIVE.COUNCILMAN BAILEY WOULD LIKE TO GET SOME IMPUT FROM THE PROPERTY OWNERS.COUNCILMAN GRUBER WOULD LIKE TO SEND COPIES OF THE INFORMATION ON THIS PROJECT TO ALL PROPERTY OWNERS. ADJOURNMENT.MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY TO ADJOURN. THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,STRAIN AND GRUBER.NAYS: LIHS.MOTION CARRIED 4 TO 1. ~d!f~ CHET CHEDESTER,MAYOR