HomeMy WebLinkAbout1999-04-05-Regular MinutesThe April 5,1999 Waukee City Council meeting was called to order at 7:02 p.m.by
Mayor Donald L.Bailey.
Roll Call.The Mayor asked for a roll call vote and the following Council Members were
present:Nick Gruber,Marvin Berger,Mayor Donald Bailey,Bill Peard and Larry Lyon.
Absent:Robyn Heath.
Open Forum.Mayor,Donald L.Bailey,Jr.announced that Hannah Weil has been named
Citizen of the Year.A reception will be held for Hannah on the evening of April 26,1999.
Jim Phillips,240 Bel-Aire Dr.,expressed his opposition to the tax increase.
Dierck Oosten,1795 Hawthorne Dr.,asked Council to consider placing sidewalks and
lights along Boone Dr.,he also expressed opposition to placing ball fields in Hawthorne
Ridge Park.Mr.Oosten stated that placing ball fields in Hawthorne Ridge Park would
eliminate valuable green space;negatively impact property values;cause parking
problems;and encourage trespassing.Mr.Oosten also asked that members of the Park
Board with a conflict of interest to recuse themselves from a vote on the establishment of
ball fields in Hawthorne Ridge Park.
Mark Leslie,1840 Hawthorne Ridge Dr.,expressed concern about the ball fields and
inquired about the time line and procedures for consideration of the issue.
Mr.Garret Snyder,490 Northview Dr.,also expressed concern about ball fields.)
}
Agenda Additions -Agenda Approval.Motion by Councilman Gruber,second by
Councilman Lyon,to approve the agenda with the item #6 and #18 flipped in order.The
Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Berger and Peard.Nays:None.
Motion carried 4 to O.
Consent Agenda.Motion by Councilman Gruber,second by Councilman Lyon,to approve
the consent agenda.Approval Council Minutes 3115/99,3/15/99 and 3/29/99;Approval of
Bills and Pay Roll.The Mayor asked for a roll call vote:Ayes:Gruber,Peard,Lyon,and
Berger.Nays:None.Motion carried 4 to O.
DATE 04/05/1999 CITY OF WAUKEE,IOWA CLAIMS REGISTER REPORT
AIRTOUCH CELLULAR
ALLEGRA
ALLENDER BUTZKE ENGINEER
AMERICAN METER COMPANY
ARAMARK UNIFORM SERVICES
BANKERS TRUST COMPANY
BRENTON BANK
BRENTON BANK -P.C.POLl
BREUER,GREGORY A
BREUER,GREGORY A.
BUDGET STORAGE RENTAL
BUSINESS COMMUNICATIONS
146.32
99.50
294.36
48.00
109.28
38,072.16
129.76
156.98
200.00
1,054.98
88.00
1,070.55
BUSINESS PUBLICATIONS
CAPITAL SANITARY SUPPLY
CD-ROM ORDER
CHARLENE WILSON
CHIEF SUPPLY
CITY OF WAUKEE
COMPUSA
COMPUTER MANAGEMENT
CONSTRACTORS MACHINERY I
COPY SYSTEMS INC
CORRELL CONTRACTOR INC
COUNTRY CLINIC
COUNTRYWOOD HOMES
DAGGETT,WILLIAM J
DALLAS COUNTY DEVELOPMEN
DANKO EMERGENCY EQUIPMEN
DEPT OF GENERAL SERVICES
DES MOINES SYMPHONY
DES MOINES WATER WORKS
DEWEY FORD INC
DEZEEUW,DAVID S.
DIANNA VAN ZEE
DM REGISTER
DREIBELBEIS,JAMES E.&
DRESSER MEASUREMENT
ED M FELD EQUIPMENT CO
EFTPS
ELECTRICAL MATERIALS CO
EMERGENCY MEDICAL PROD
EVANS,CYNDI
EVANS,ROBERT G.
FARMERS COOP ELEVATOR
FASTPRO INTERNATIONAL IN
FETTERMAN,GREGORY S.
FLATER,PATRICK J.
FORD,ELIZABETH A.
GALL'S INC
GIBSON,JOHN R.
GLENN,ROBERT C II
GOVERNMENT FINANCE
GRAYBAR
GREG FETTERMAN
H &W CONTRACTING LLC
HAWKEYE TELEPHONE SERVIC
HAWKEYE TRUCK EQUIPMENT
HERRICK,ROBERT D.
HORKEY,ROBIN R.
IA FIRE EQUIPMENT COMPAN
IA ONE CALL
IA PIPELINE ASSOC
IA RURAL WATER ASSOCIATI
ILLOWA COMMUNICATIONS
INSURANCE ASSOC OF IOWA
IPERS
IPERS -POLICE
ISSUG
JIM COONS TRUCKING
59.95
468.67
75.00
100.00
73.92
34.32
292.22
9,075.00
204.00
27.96
20,964.24
180.00
16.47
857.99
650.00
437.42
416.00
75.00
60.00
19,941.35
851.98
255.00
325.00
10,179.17
1,750.38
2,165.65
7,948.01
74.47
143.61
172.17
933.13
285.73
36.10
1,221.10
711.69
739.80
391.95
1,097.63
450.33
125.00
365.20
75.00
8,128.43
45.00
818.27
874.42
938.97
113.88
102.15
5,250.30
155.00
530.40
554.00
1,927.73
1,324.63
45.00
533.59
JONES,HARRY N.
KAR PRODUCTS
KELLER,CHRISTOPHER M.
KINKO'S INC
KINKO'S INC.
KIRKWOOD COMM COLLEGE
LELAND PERKINS
LESTINA,TONI
LESTINA,TONI L.
LINCH AUTO PARTS
LOGAN CONTRACTORS SUPPLY
LONGBOW INC
MACK,LINDA
MACK,LINDA M.
MADISON NATIONAL LIFE
MARK J ARENTSEN
MARTIN MARIETTA AGGREG
MATT PARROTT &SONS CO
MERCY SCHOOL OF EMERGENC
MERRITT COMPANY INC
MID AMERICAN ENERGY
MID IOWA SALES COMPANY
MIDWEST RADIATOR
MUNICIPAL SUPPLY
MURPHY-PETERSEN,DEVON
NORTHERN
OLSON,SCOTT A.
PAGE MART
PERKINS,LELAND E.
PHILLIPS,LARRY J.
POLK COUNTY FIRE CHIEFS
POPP,SHAWN DAVID
PRAKAIR
PRESTO-X COMPANY
PURCHASE POWER
QUALITY FOR OF WDM
R-WAY CONCRETE
RHINO MATERIAL
RICHARDSON,ELIZABETH A
ROBINSON,CLINT
ROBINSON,KIMBERLY A.
HOYER,TIMOTHY L.
RYAN,LAWRENCE W.
SCHILDBERG CONSTRUCTION
SCHROEDER,MELANIE L.
SIGNING CONFERENCE/SHARO
SPRING VALLEY RADIO CORP
SWANEY EQUIPMENT COMPANY
TIMOTHY ROYER
TREADWAY GRAPHICS
TREASURER,STATE OF IOWA
TRIPLETT OFF ESSENTIALS
UNITED CELLULAR
UNIVERSITY PHOTO
US POSTAL SERVICE
US WEST COMMUNICATIONS
VAN HORN,JARED A.
483.46
161.10
397.26
150.19
35.28
125.00
500.00
50.67
761.97
42.34
69.19
437.15
124.35
828.69
316.26
815.34
321.33
305.75
50.00
240.00
6,505.51
11.97
10.68
1,445.89
699.00
61.98
221.12
822.00
293.90
1,257.28
15.00
808.60
31.96
23.00
255.00
838.14
216.00
215.40
554.75
120.31
50.22
953.51
1,237.16
32.44
190.71
130.00
298.41
188.89
100.00
142.41
1,221.83
118.48
213.79
66.01
992.35
900.20
125.00
)
\
J
VAN WERT INC
VANZEE,DIANNA L.
VEENSTRA &KIMM INC
VISA
WASTE MANAGEMENT OF IOWA
WAUKEE FIRST RESPONDERS
WAUKEE HARDWARE &VARlET
WELLM.BLUE CROSS/BLUE S
WHITE,DANNY L.
WIEGERT,SCOTT
WILLIAMS,VALERIE J.
WILSON,CHARLENE G.
GRAND TOTALS 205609.71
010
060
321
323
510
520
521
522
523
540
570
590
GENERAL FUND
ROAD USE TAX FUND
PUBLIC SAFETY BUILDING
ASHWORTH DRIVE PAVING CONST
WATER UTILITY FUND
SEWER UTILITY FUND
UNIVERSITY AVE TRUNK SEWER PROJ
WASTE WATER TREATMENT PL CONSTR
E AREA PUMP STA TREATMENT PLANT
GAS UTILITY FUND
UTILITY BILL FUND
SOLID WASTE COLLECT &RCYCL FUND
****
1,442.25
512.31
7,749.22
485.33
3,823.20
554.60
173.01
13,494.88
812.17
490.00
324.62
1,044.62
87,918.07
5,692.83
294.36
21,862.54
28731.93
17,531.31
10,179.17
3,875.00
8,498.07
13,894.11
3,309.08
3,823.24
205,609.71
Acceptance of Gilcrest Jewett Site Plan.Representatives from Gilcrest Jewett presented the
proposed site plan.Motion by Councilman Lyon,second by Councilman Peard,to approve
the Gilcrest Jewett site plan with revised buffering plan (25 ')and the following stipulations:
1.That all V &K comments be addressed.
2.Maintain the 50'buffer on the west side of the property.
3.Waive the requirement for sidewalks at this time,with the understanding
that the sidewalks will be installed by the owner/developer when directed
by the city council.
The Mayor asked for a roll call vote:Ayes:Lyon,Peard,Berger and Gruber.Nays:None.
Motion carried 4 to O.
TransWorld -Delinquent Utility Bill Collection Agency.Representatives from
TransWorid gave a breif summary of the services they provide.Motion by Councilman
Gruber,second by Councilman Peard,to table issue for reconsideration after additional
review by the Utility Board.The Mayor asked for a roll call vote:Ayes:Gruber,Peard,
Berger and Lyon.Nays:None.Motion carried 4 to O.
Solid Waste,Recycling &Yard Waste.Motion by Councilman Lyon,second by
Councilman Peard,to table issue for reconsideration after additional review by the Utility
Board.The Mayor asked for a roll call vote:Ayes:Lyon,Peard,Berger and Gruber.Nays:
None.Motion carried 4 to O.
YMCA SwimlRecreation Program.Motion to by Councilman Berger,second by)
Councilman Lyon,to approve payment of $2,000.00 to the Walnut Creek YMCA for summer I
1999 swim/recreation program.The Mayor asked for a roll call vote:Ayes:Berger,Lyon,)
Peard and Gruber.Nays:None.Motion carried 4 to O.
Receive and file bids for Fire Truck.Motion by Councilman Gruber,second by
Councilman Lyon,to receive and file bids for Fire Truck.The Mayor asked for a roll call
vote:Ayes:Gruber,Lyon,Peard and Berger.Nays:None.Motion carried 4 to O.
Resolution No.99-34 Awarding Contract for Fire Truck.Motion by Gruber,second by
Peard,to approve Resolution No.99-34 awarding contract for Fire Truck in the amount of
$260,471.00.The Mayor asked for a roll call vote:Ayes:Gruber,Peard,Berger and Lyon.
Nays:None.Motion carried 4 to O.
Eastern Area Pump Station -Final Actions:
Resolution No.99-35 Approving Change Order No.2.Motion by Councilman Gruber,
second by Councilman Lyon,to approve Resolution No.99-35 entitled "RESOLUTION
APPROVING CHANGE ORDER NUMBER 2 TO THE CONTRACT WITH H &W
CONTRACTING LLC FOR THE EASTERN AREA PUMP STATION PROJECT
DECREASING THE CONTRACT IN THE AMOUNT OF $1,433.25."The Mayor asked for
a roll call vote:Ayes:Gruber,Lyon,Peard and Berger.Nays:None.Motion carried 4 to O.
Resolution No.99-36 Approving Partial Payment Estimate No.3 (Final).Motion by
Lyon,second by Gruber,to approve Resolution No.99-36 entitled "RESOLUTION
APPROVING P ARTIAL PAYMENT ESTIMATE NUMBER 3 (FINAL)IN THE
AMOUNT OF $8,128.43 TO H &W CONTRACTING LLC AND AUTHORIZING THE
MAYOR TO SIGN".The Mayor asked for a roll call vote:Ayes:Lyon,Gruber,Berger and
Peard.Nays:None.Motion carried 4 to O.
Receive and File Engineer's Certificate of Completion and Final Cost.Motion by
Councilman Berger,second by Lyon,to receive and file the Engineer's Certificate of
Completion and Final Cost.The Mayor asked for a roll call vote:Ayes:Berger,Lyon,Peard
and Gruber.Nays:None.Motion carried 4 to O.
Resolution No.99-37.Accepting Work.Motion by Gruber,second by Councilman
Lyon,to adopt Resolution No.99-37 entitled "RESOLUTION ACCEPTING WORK
COVERING THE EASTERN AREA PUMP STATION PROJECT".
The Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Berger and Peard.Nays:None.
Motion carried 4 to O.
Resolution No.99-38.Adopting Final Assessment Schedule.Motion by Councilman
Lyon,second by CouncilmanPeard,to adopt Resolution No.99-38 entitled "RESOLUTION
ADOPTING FINAL ASSESSMENT SCHEDULE FOR THE EASTERN AREA PUMP
STATION PROJECT AND AMENDING,CONFIRMING AND LEVYING J
ASSESSMENTS".The Mayor asked for a roll call vote:Ayes:Lyon,Peard,Gruber and
Berger.Nays:None.Motion carried 4 to O.
Ordinance 2276 -Rezoning Belfry Estates from A-I to R-l.Motion by Councilman
Gruber,second by Councilman Peard,to have the City Clerk read the ordinance in title only
for the first time.The Mayor asked for a roll call vote:Ayes:Gruber,Peard,Berger and
Lyon.Nays:None.Motion carried 4 to O.
Motion by Councilman Gruber,second by Councilman Lyon,to waive the 2nd and 3'd
readings.The Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Peard and Berger.Nays:
None.Motion carried 4 to O.
Motion by Councilman Lyon,second by Councilman Gruber,to place Ordinance 2276 on
final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Berger and Peard.
Nays:None.Motion carried 4 to O.
ORDINANCE NO.2276
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-I
(AGRICULTURAL DISTRICT)TO R-I (SINGLE FAMILY RESIDNETIAL)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-I (AGRICULTURAL
DISTRICT)TO R-I (SINGLE FAMILY RESIDNETIAL)and that the Official
Zoning Map be made to reflect such amendment:
THE SOUTH 366 FEET OF THE NE y"OF THE SE y"OF
SECTION 36,TOWNSHIP 79 NORTH,RANGE 26
WEST OF THE STHp.M.
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.
Section 4.Effective Date.This ordinance 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,this 5th day of April,1999,and
approved this 5th day of April,1999.
By:Donald L.Bailey,Jr.,Mayor
Attested:Gregory S.Fetterman,City Clerk
Approval of Preliminary Plat for Belfry Estates.Motion by Councilman Gruber,second
by Councilman Lyon,to approve the Belfry Estates Preliminary Plat.The Mayor asked for a
roll call vote:Ayes:Gruber,Lyon,Peard and Berger.Nays:None.Motion carried 4 to O.
AT&T Cable Services Provided.David Oman spoke to the Council about expanded
services being provided in the spring of2000.Mr.Oman stated that all of Waukee would be
served by the Des Moines AT&T system as of the Spring of2000,with the same services and
options available.
Ordinance to Rezone Munn Property from A-I to C-4 -1'(Reading.Motion by
Councilman Gruber,second by Councilman Lyon,to have the City Clerk read an ordinance
to rezone the Munn property from A-I to C-4 in title only.The Mayor asked for a roll call
vote:Ayes:Gruber,Lyon,Peard and Berger.Nays:None.Motion carried 4 to O.
Hawthorne Ridge Townhomes Preliminary.Motion by Councilman Lyon,second by
Councilman Gruber,to approve the Hawthorne Ridge Townhome Preliminary Plat.The
Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Peard and Berger.Nays:None.
Motion carried 4 to O.
Hawthorne Ridge Townhomes State Plan.Motion by Councilman Gruber,second by
Councilman Lyon,to approve the Hawthorne Ridge Townhome site plan.The Mayor asked
for a roll call vote:Ayes:Gruber,Lyon,Peard and Berger.Nays:None.Motion carried 4 to
O.
)
)
Resolution 99-39 Awarding contract for the Utility Cross,U.S.Highway 6
Reconstruction.Motion by Councilman Lyon,second by Councilman Gruber,approve
Resolution 99-39 "Awarding contract for the Utility Cross,u.s.Highway 6 Reconstruction,"
to H &W Contracting LLC for a sum of $264,243 .50.Mayor asked for a roll call vote:Ayes:
Gruber,Lyon,Peard and Berger.Nays:None.Motion carried 4 to O.
Resolution No.99-40.Pay Estimate No.2 Ashworth Drive Pavement Improvements.
Motion by Councilman Gruber,second by Councilman Berger,to adopt Resolution No.99-
40 entitled "RESOLUTION APPROVING PARTIAL PAY ESTIMATE NO.2 FOR THE
ASHWORTH DRIVE PAVEMENT IMPROVEMENTS".Mayor asked for a roll call vote:
Ayes:Gruber,Berger,Lyon and Peard.Nays:None.Motion carried 4 to O.
Ordinance No.2277 -Prohibiting Parking on Boone Dr.Motion by Councilman Lyon,
second by Councilman Peard,to have the City Clerk read an ordinance prohibiting parking
on Boone Drive for the first time in title only.Mayor asked for a roll call vote:Ayes:Lyon,J
Peard,Gruber and Berger.Nays:None.Motion carried 4 to o..
Motion by Councilman Gruber,second by Councilman Berger,to waive the 2nd and 3'd
reading of an ordinance prohibiting parking on Boone Drive.Mayor asked for a roll call vote:
Ayes:Gruber,Berger,Lyon and Peard.Nays:None.Motion carried 4 to O.
Motion by Councihnan Gruber,second by Councihnan Lyon,to have the final reading of
Ordinance 2277 prohibiting parking on Boone Drive.Mayor asked for a roll call vote:Ayes:
Gruber,Lyon,Peard and Berger.Nays:None.Motion carried 4 to O.
ORDINANCE NO.2277
AN ORDINANCED TO AMEND SECTION 502.1,WAUKEE MUNICIPAL
CODE,BY DELETEING SAID SECTION IN IT'S ENTIRETY AND PLACING
IN LIEU THEREOF SECTION 502.1 AS AMENDED TO PROHIBIT PARKING
OF VEHICLES ON THE EITHER SIDE OF BOONE DRIVE FROM THE
NORTH CITY LIMITS TO THE NORTH LINE OF UNIVERSITY AVENUE
EXTENDED AT ANY TIME.
Section 1.Amendment.Section 502.1,Waukee Municipal Code is hereby
amended by deleting said section in it's entirety and placing in lieu thereof
Section 502.1 as follows:
§502.1 No parking is permitted at any time on either side of the following north-
south streets:
Boone Drive
First Street
Fourth Street:
see §502.4
Locust Street
Manor Drive
Second Street:
between Ashworth Drive and Corene Avenue
Seventh Street:
see §502.4
Sixth S lreel:
see §502.4 and §502.9
Tenth &North Tenth Street
Third Street
Warrior &North Warrior
Windfield Parkway
Section 2.Repealer.All ordinances or part 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.
Section 4.Effective Date.This ordinance shall be in effect upon its
final passage,approval,and publication as provided by law.
Passed by the Council this 5th day of April,1999,and approved this 5th day of
April,1999.
By:Mayor Donald L.Bailey,Jr.
Attest:Gregory S.Fetterman,City Clerk
Ordinance 2278 -Establishing Connection Fee District.Motion by Councilman Berger,
second by Councilman Lyon,to have the City Clerk read an ordinance establishing a
connection fee district for the first time in title only.Mayor asked for a roll call vote:Ayes:
Berger,Lyon,Peard and Gruber.Nays:None.Motion carried 4 to O.
Motion by Councilman Gruber,second by Councilman Peard,to waive the 2nd and 3rd of an
ordinance establishing a connection fee district.Mayor asked for a roll call vote:Ayes:
Gruber,Peard,Berger and Lyon.Nays:None.Motion carried 4 to O.
Motion by Councilman Gruber,second by Councilman Berger,place ordinance 2278 on final
passage allowing for the establishing a connection fee district.Mayor asked for a roll call
vote:Ayes:Gruber,Berger,Lyon and Peard.Nays:None.Motion carried 4 to O.
ORDINANCE NO.2278
CONNECTION FEE DISTRICTS ESTABLISHED
AN ORDINANCE TO AMEND THE WAUKEE MUNICIPAL CODE,BY
ADDING AND ENACTING THERETO A NEW SECTION 224 RELATING TO
THE PROCEDURE TO BE UTILIZED IN ESTABLISHING CONNECTION FEE
DISTRICTS AND CONNECTION FEES TO RECOVER THE COSTS OF
CONSTRUCTING SANITARY SEWER FACILITIES AND WATER SYSTEM
FACILITIES.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.Amendment.That the Waukee Municipal Code be,and the same is
hereby amended by adding and enacting thereto a new Section 224 of Chapter 200,Waukee
Municipal Code,relating to the procedure to be utilized in establishing connection fee
districts and connection fees to recover the costs of constructing sanitary sewer facilities,as
follows:
Section 224 Chapter 200 Establishing Connection Fee District and Establishing
Fees in said District for Connection to Sanitary Sewer Facilities or Water System l,
)
Facilities -Notice of Hearing Prior to Adoption of Ordinance Establishing Benefited
District and Connection Fee -Collection of Connection Fee.
A.The City has determined the necessity of establishing a policy and
procedure to be utilized to recover the cost of desigoing and constructing sanitary
sewer facilities or water system facilities in those instances in which a significant
number of the properties to be benefited by such facilities are not sufficiently
developed to permit the recovery of those costs through the special assessment
process as provided in Chapter 384,Division N of the Iowa Code.The City hereby
declares its intent to utilize connection fees,as herein provided,to recover the costs
of designing and constructing such sanitary sewer facilities or water system facilities
from property owners who connect to such facilities subsequent to their
construction.
It is the intent of this section to set forth the method of recovery of
proportional cost shares from those property owners who connect their properties to
sanitary sewer facilities or water system facilities subsequent to their construction,so
that in the event that all property,other than the City right-of-way,which lies within
the benefited district is connected to the sanitary sewer facilities or water system
facilities during their expected useful life,then those properties shall bear,in the
aggregate,up to 100%of the cost of designing and constructing such facilities,
including legal and administrative expenses associated therewith,and interest
thereon.
B.In the event the City Council has determined the necessity of
constructing a sanitary sewer facility or water system facility,and the owner of
owners of tract of land outside the assessment district of said sanitary sewer facility
or water system facility desire connection thereto,and the City determines that the
utilization of a connection fee is the most equitable manner in which to recover the
City's costs associated therewith,the City Council shall proceed in compliance with
§384.38,Code ofIowa,and as follows:
1.The City shall cause a "Notice of Public Hearing on the
Propused Adoption of an Ordinance to Establish a "Connection Fee
District"to be published in a newspaper of general circulation within
the City as hereafter provided.In addition to indicating the date,
time,and place of the public hearing,the notice shall:
2.Indicate the nature and extent of the sanitary sewer facility or
water system facilities constructed to which the tract or tracts in the
connection fee district is to be connected,as well as the estimated
costs or costs for the design and construction of same;
3.Identify by general description the proposed connection fee
district to be served by the sanitary sewer facility or facilities;and
4.Set forth the proposed schedule of connection fees to be paid /")
by property owners within the benefited district who connect to said I
facilities,expressed in dollars per acre of land area served for single )
family residential housing.Connection fees will be adjusted upward
for higher volume users.
C.At the public hearing,the owners or occupants of properties within
the proposed connection fee district shall be heard and may offer comments or
objections as to:
1.the necessity for connection to the sanitary sewer facility or
water system facility;
2.the calculation of the area benefited by the connection fee
district;
3.the estimated costs ofthe facilities to which the tract or tracts
in the proposed connection fee district or districts is to be connected;
and
4.the proposed connection fee as to each tract or lot in each
tract.
Upon concluding the hearing,the City Council shall rule upon the objections
presented during the hearing and may consider the proposed Ordinance to Establish
a Connection Fee District.Upon consideration of the proposed Ordinance to
Establish a Connection Fee District,the City may:
1.Create the counection fee district as proposed and affirm the
proposed connection fee.
2.Alter the proposed connection fee district or the proposed
connection fee;or
3.Make any other provision relative to the proposed connection
fee district or connection fee,which the council determines to be
equitable in the premises.
D.The Ordinance to Establish a Connection Fee District may provide,
at the City Council's discretion,that single family residences within the connection
fee district,in existence or under construction upon the effective date of the or-
dinance'and located within the corporate limits of the City of Waukee,are eligible
for connection to the sanitary sewer facilities or water system facilities.In that
event,the ordinance shall include the following provisions:l,
,)
1.That the owners of residences on parcels of less than one acre
in size located within the City of Waukee may connect such
residences to the sanitary sewer facility or water system facility upon
approval of their application for connection,payment of connection
fees for the parcel,and construction of appropriate connection
structures,as determined necessary by the City Engineer;and
2.That the owners of residences on parcels in excess of one
acre in size located within the City of Waukee may connect such
residences to the sanitary sewer facility or water system facility upon
approval of their application for connection,subdivision of said
parcel into a residence parcel and an outlot,payment of the
connection fee for the residence parcel,and construction of
appropriate connection structures,as determined necessary by the
City Engineer.
All other property located within the corporate limits of the City of Waukee and
within a connection fee district shall be eligible for connection to the sanitary sewer
facility or water system facility upon approval of an application for connection by
the owner thereof,as hereafter provided,and payment of the connection fee for such
property,provided such property has been appropriately subdivided for
development,and provided that all sanitary sewer improvements or water system
improvements necessary to serve said property have been constructed and approved
by the City.Notwithstanding any other provision of this ordinance,the City may
refuse connection if,in the opinion of the City engineer,the facilities are not capable
of handling the additional flows from such proposed connection district.
E.After adoption and publication of an Ordinance to Establish a
Connection Fee District,the owners of those properties within said district whose
properties are eligible for connection,and who propose to connect such properties
directly or indirectly to the sanitary sewer facility or water system facility,shall
make application to the City Administrator for such connection.No connection
shall be made to a sanitary sewer facility or water system facility until such applica-
tion has been approved and until the required connection fee has been paid.
F.The connection fee shall be in an amount equal to the maximum acre
area of contiguous property,or fraction thereof,within the connection fee district
under such ownership which can be lawfully served through such proposed
connection,multiplied by the per acre connection fee established in the Ordinance to
Establish a Connection Fee District for that district.Provided,however,connection
fees will be adjusted upward for higher volume users.Said ordinance may provide
for a graduated connection fee,with annual interest adjustments,such that property
owners who connect in later years pay interest on the connection fee for their
property.The rate of interest applicable to the connection fee established in each
connection fee district shall not exceed the rate of interest applicable to special
assessments pursuant to Chapter 74A and Section 384.60(3)of the Iowa Code in
effect on the date that the connection fee was established for that district by
enactment of Ordinance to Establish a Connection Fee District./1
G.The sewer connection fee or water connection fee required by this
section is in addition to,and not in lieu of,any other fees for connection required
under the plumbing code or other provisions of the Waukee Municipal Code.
H.In the event any property owner connects his or her property to a
sanitary sewer facility or a water system facility without having made application
therefor or without having received approval thereof,or without having paid the
required connection fee established by an Ordinance to Establish a Connection Fee
District,the City shall be entitled to disconnect such private sewer or water
connection until such time as the property owner has made and received approval of
his or her application,and/or has paid the required connection fee.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Ii
IiI'
IIIII'
Ii
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.
Passed by the Council this 5th day of April,1999,and approved this 5th day of April,
1999.
By:Donald L.Bailey,Jr.,Mayor
Attest:Gregory S.Fetterman,City Clerk
Permission to Pursue Leasing Street Sweeper.Motion by CouncilmanPeard,second by
Councilman Lyon,to allow the Public Works Department to pursue the leasing of a street
sweeper.Mayor asked for a roll call vote:Ayes:Peard,Lyon,Gruber and Berger.Nays:
None.Motion carried 4 to 0.
Resolution 99-40 Approving a Tractor Lease Agreement.Motion by Councilman Peard,
second by Councilman Gruber,to accept Resolution No.99-40 Approving a Lease-Purchase
Agreement in the amount of$20,245.Mayor asked for a roll call vote:Ayes:Peard,Gruber,
Lyon and Berger.Nays:None.Motion carried 4 to 0.
Permission to Purchase Mower.Motion by Councilman Lyon,second by Councilman
Berger,at accept Van-Wall Equipment's proposal of$10,906 for specified mower.Mayor
asked for a roll call vote:Ayes:Lyon,Berger,Gruber and Peard.Nays:None.Motion
carried 4 to 0.J
Permission to Purchase Gas Meter Bars.Motion by Councilman Gruber,second by
Councilman Lyon,to purchase 200 gas meter bars from Groebner and Associates at a Price
of $15.68 per unit,for a total of$3,136.00.Mayor asked for a roll call vote:Ayes:Gruber,
Lyon,Berger and Peard.Nays:None.Motion carried 4 to O.
Permission to Terminate and Rebid Meter Reader Contract.Motion by Councilman
Gruber,second by Councilman Berger,to terminate and seek bids for Meter Reader Contract.
Mayor asked for a roll call vote:Ayes:Gruber,Berger,Lyon and Peard.Nays:None.
Motion carried 4 to O.
Building Inspection Options.Motion by Councilman Lyon,second by Councilman Gruber,
to retain Doug Sandvig for providing Building Inspections in the interim while the City is
without a Building Inspector.Mayor asked for a roll call vote:Ayes:Lyon,Gruber,Berger
and Peard.Nays:None.Motion carried 4 to O.
Update of Budget Protest.Motion by Councilman Gruber,second by Councilman Peard,to
hold a work session on the matter of the budget protest at 6:30 p.m.,April 8,1999.Mayor
asked for a roll call vote:Ayes:Gruber,Peard,Lyon and Berger.Nays:None.Motion
carried 4 to O.
Mayor's Report.The Mayor talked about a letters received from Bob Sayer,Brenda
Johnston and Marcia Knaack;the Mayor will be traveling to Portland,Oregon and is
gathering valuable information on land use;Yard Waste pick-up has started again;Mayor
talked briefly about the success of the Highway 6 Partnership;the Mayor has been asked
to particapate in a video for the DOT,the video will focus on how a city can successfully
handle a DOT construction project;Beth Richards has been hired to fill as the City's new
Accounting Clerk;Economic Development Team will meet April 15th;Mayor attended
meeting at Central Iowa Housing Authority.
Planning &Zoning Report.Councilman Nick Gruber gave brief summary.
Parks Board.Councilman Peard spoke about the success of Waukee's first Easter Egg
Hunt.
Attorney's Report.Paul Huscher gave a brief summation of legal issues that may effect
the City of Waukee.
Adjournment.Motion to adjourn by Councilman Gruber,second by Councilman Peard
at 10:22 p.m.The Mayor asked for a roll call vote:Ayes:Gruber,Peard,Lyon,and
Berger.Nays:None.Motion carried 4 to 0..(I).',/
arL~