Loading...
HomeMy WebLinkAbout2003-05-19-Regular MinutesWAUKEE CITY COUNCIL MINUTES MAY 19,2003 (1)Call to Order -The regularly scheduled meeting ofthe Waukee City Council was called to order by Mayor Tony Oberman at 7 :00 PM. (2)Pledge of Allegiance (3)Roll Call-The following members were present:Mayor Tony Oberman,and Council members Nicholas Gruber,Donald Bailey,Jr.,Mike Watts and Bill Peard, (4)Open Forum -Dierck Oosten,Hawthorne Ridge Drive,gave several pointers to the mayor,council members and staff who will be participating in the Greater Des Moines Partnership trip to Washington,D.C.Among those tips was a suggestion to meet with Tom Dawson,former Chief of Staff to former Congressman Neal Smith.Mr.Dawson served in this capacity for 24 years and is currently a public affairs consultant in the film of Whitten &Diamond.He is very knowledgeable about funding sources available from the federal government. Another suggestion was to begin mining the other resources available by visiting with staff in several funding program offices and/or staff ofrepresentatives and senators focusing on fund opportunities and not necessarily Iowa connections. Chet Chedester visited with the Council with respect to the Beer Permit Application submitted by the Waukee JayCees.He informed the council of two instances he felt were associated with drinking and rowdiness at JayCee events. Mr.Chedester claimed the representatives of the JayCees did not respond to an actual compensation request by the individuals harmed in these situations.Mr. Chedester feels that a culture of indifference is developing and encouraged the council to deny the application.Mayor Oberman on behalf of the council and staff of the city extended condolences to the family of Doctor Stalker and to Doctor Stalker,Superintendent of the Waukee Schools,whose husband died recently. (5)Agenda Additions /Approval-Councilman Don Bailey moved to delete items 6G and 8;to change item 20 to a discussion item;and to pull from the consent agenda item 6L,which will become item 6.5 and to move approval of the amended agenda. Councilman Mike Watts second.Roll call:Ayes:Bailey,Watts,Gruber,Peard.Nays: None.Motion carried 4-0 with one council seat vacant. (6)Consent Agenda- A.Approving 05-14-03 Bill List B.Approving 04-28-03 and 05-05-03 City Council Minutes C.Approving Pay Application No.1 from Grimes Asphalt,Inc.in the amount of $206,305.81 D.Approving Class C Liquor License for Philadelphia Bar and Grill,Inc.DBA as Philadelphia Bar and Grill including Sunday Sales and Outdoor Service E.Resolution:Approving Change Order No.9 from Rochon Corporation of Iowa F.Resolution:Approving Mosquito Control Proposal G.Resolution:Approving Grimes Asphalt -Park Road Proposal;item deleted 1 H.Resolution:Approving agreement with the Terrus Group for preparation of NPDES General Permit for Industrial Activities Application No.1 and StOlID Water Pollution Prevention Plan with implementation documents 1.Resolution:Dartmoor Drive Extension Construction Plans J.Resolution:Approving Preliminary Plat for Waukee Medical Park K.Resolution:Approving Site Plan for Waukee Medical Park L.Approving Six Month Beer Permit including Outdoor Service for the Waukee JayCees,represented by Perry Young;item moved to item 6.5 Mike Watts moved to approve the Consent Agenda as amended,which excluded Items 6G and 6L.Nick Gruber second.Roll call:Ayes:Watts,Gruber,Peard.Nays:Bailey. Motion carried 3 -1 with one council seat vacant.Councilman Bailey voted "No" because of the overlay and EFIS question on the Medical Park back side of the building. Bill List (05-19-03) CHECKS ISSUED PRIOR TO COUNCIL APPROVAL DAVID KOPP DAN DAVIS NORM HAMMEN JAKE HOCHENBERRY JAKE HOCHENBERRY SCOTT KERR MBNA AMERICA BUSINESS CARD LU ANN PARKER PHILLY'S FINEST PHILLY'S FINEST US ENERGY SERVICES INC WAUKEE STATE -CITY HALL PETTY CASH TOTALS UNPAID BILLS PRESENTED FOR APPROVAL A-I ELECTRIC AAA AWARDS &KEEPSAKE GIFTS ACCESS SYSTEMS AIR SOLUTIONS ALLIANCE MEDICAL AMERICAN WATER WORKS ASSOCIATION MARK ANDERSON ARAMARK UNIFORM SERVICES MARK ARENTSEN AT&T WIRELESS BAKER COMMUNICATIONS BANKERS TRUST COMPANY BANKERS TRUST COMPANY BORDERS BOOK SHOP BRENTWOOD DEVELOPMENT CO BUILDING &PROPERTY MAINTENANCE BUTTERFIELD MANAGEMENT C &J LEASING AMBER CARAVAN CARPENTER UNIFORM CO CDW GOVERNMENT INC CFI TIRE SERVICE CIGMA LLC COMPUSA INC COUNTRY CLUB WOODS LC CRYSTAL CLEAR BOTTLED WATER 1 05/19/2003, 60.00 60.00 60.00 60.00 30.00 30.00 1,032.92 440.00 84.85 29.25 80,491.73 235.46 82,614.21 05/19/2003, 89.00 74.09 454.00 298.14 205.06 55.50 595.66 173 .12 36.00 1,404.59 90.00 1,350.00 1,111,673.76 115.03 391.46 500.00 325.00 310.28 210.00 78.36 3,875.47 62.50 196.00 2,363.69 1,246.74 32.40 2 D &K PRODUCTS DAHL AIR CONDITIONING &HEATING DALLAS COUNTY NEWS DES MOINES REGISTER DES MOINES STAMP MFG CO DES MOINES WATER WORKS DES MOINES WATER WORKS DES MOINES WATER WORKS DAVID DEZEEUW DIAMOND VOGEL PAINTS JUSTIN DODGE DOWNING DEVELOPMENT LTD ENVIRONMENTAL DESIGN GROUP FASTPRO INTERNATIONAL INC FESLERS INC FREIGHTLINER OF DM INC GREENWOOD'S SEWER SERVICE GERALD GRUBB STEPHEN GRUBB HAMMER MEDICAL SUPPLY-CLIVE THE HARWOOD INSTITUTE HB LEISEROWITZ COMPANY HEARTLAND CO-OP HICKORY TECH HOPKINS SPORTING GOODS HY-VEE FOOD &DRUG CENTER HYDRO KLEAN IMAGING TECHNOLOGIES INGRAM LIBRARY SERVICES INTERSTATE BATTERY SYSTEM IOWA ASSOCIATION OF MUNICIPAL UTILITIES IOWA CITY/COUNTY MANAGERS ASSOCIATION IOWA COMMUNITIES ASSURANCE IOWA COUNTY ATTORNEYS ASSOCIATION IOWA DEPT OF TRANSPORTATION IOWA PAINT JC CROSS CO JERICO SERVICES INC JOHN DAY COMPANY JONES LIBRARY SALES INC KAR PRODUCTS CHRISTOPHER KELLER SARAH KENNEDY KOHLES DEVELOPMENT LC LANDS END BUSINESS OUTFIT LASER CAR WASH LASER QUIPT THE LEARNING POST LITHO GRAPHICS PRINT COMM LINDA MACK MANATTS MARTIN MARIETTA AGGREGATE MENARDS MID AMERICA SALES ASSOCIATION MID AMERICAN ENERGY MID STATES FORD INC MIDWEST ENVIRONMENTAL SERVICES 3 163.25 686.39 691.28 1,134.60 52.90 1,578.20 22,531.33 37,040.56 5.71 67.75 7.62 512.58 8,064.84 56.10 54.00 666.74 257.45 3,383.60 826.70 90.00 5.00 78.00 5,491.49 2,054.91 440.55 177.25 726.24 172.27 1,248.29 214.93 57.00 145.00 3,118.00 50.00 616.38 450.00 4,154.00 1/462.50 59.71 935.20 ll9.63 6.46 18.00 421.68 418.95 18.00 425.00 6.03 507.00 59.72 951.63 2,645.48 582.08 1,054.54 1,584.04 190.75 488.00 MILL DIRECT CARPET 300.00 MOSS BROTHERS INC 51.28 BILL MUELLER 50.00 MUNICIPAL SUPPLY 413.64 DEVON MURPHY-PETERSEN 24.84 NETWORKS INC 2,084.51 NOGG CHEMICAL &PAPER 142.73 NORTHERN 178.93 OFFICE DEPOT 2,430.85 OLSON BROTHERS 1,169.86 PAUL'S AAA PEST CONTROL 120.00 PITNEY BOWES 11,091.00 POSTlVE PROMOTIONS 280.98 PRAXAIR DISTRIBUTION #440 34.44 PRINTED PRODUCTS 647.41 PROVEN OFFICE SYSTEMS 37.00 PUCKETT TOOLS &FASTENERS 63.74 PURCHASE POWER 519.00 QUALITY FORD OF WDM 811.91 SAXTON INC 26,531.33 BECKY SCHUETT 7.92 TEAM TWO INC 145.50 TERRUS REAL ESTATE GROUP 1,120.00 LISA TORGERSON 14.40 TRIPLETT OFFICE ESSENTIAL 1,328.00 KATHLEEN UNDERWOOD 36.81 US POSTAL SERVICE 37.00 VAN-WALL EQUIPMENT INC 68.67 VEENSTRA &KIMM INC 27.00 VERMEER SALES &SERVICES 52.01 WASTE MANAGEMENT OF IOWA 23,302.71 WAUKEE HARDWARE &VARIETY 847.28 WAUKEE STATE -LIBRARY PETTY CASH 152.97 CHAD WEAVER 39.40 MARGGIE WEIR 43.58 WELLS FARGO BANK IOWA NA 145,715.92 WESTGATE PARTNERSHIP 931.78 WINDFIELD DEVELOPMENT II 2,455.72 TOTALS 1,458,541.28 (6.5)Resolution:Approving Six Month Beer Permit including Outdoor Service for the Waukee JayCees,represented by Perry Young Don Bailey,Jr.moved to approve.Mike Warts second.Mike Warts restated his concem that we seek information from the insurance companies in terms of what it is they cover.Attomey Paul Huscher added that liability has to have a basis -a negligent act by an individual employed by the city or working in the organization or a willful act by an individual employed by the city or working in the organization.Without a basis for the liability,the insurance company will not pay a claim or portion of a claim on behalf of the insured.He did encourage the council to proceed with determining what is covered by the insurance companies.Mr. Peard indicated the license should be approved for this year and the city should follow-up with the city's insurance representative to determine what incidents are and are not covered.Don Bailey stated the city should respond to the claimants when a claim is presented and especially when the claim is denied.Mark Arentsen indicated that the insurance companies usually send the notice of nonpayment on behalf of the city when I } ) 4 claims are denied.Roll call:Ayes:Watts,Gruber,Peard.Nays:Bailey.Motion carried 3 -1 with one council seat vacant. (7)Mayor's Report:The mayor attended the Dallas County Mayor's meeting,the Community Development Meeting where Jeff Rossi of the Iowa Economic Development present information with respect to economic development and the Alice's Road project, Mid-Iowa Association of Local Governments meeting,attended the MFO Growth Task Force Meeting and attended the regular MFO meeting.A meeting has been scheduled with Mark Wandro,Director of the Iowa Department of Transportation. (8)Receive/File:Reviewing the Urban Design and Land Use Workbook for the Metro West Corridor (Alice's Road)Item deleted from the agenda. (9)Resolution:Approving consideration of bids received and providing for the sale and issuance of General Obligation Corporate Purpose Bonds in an amount not to exceed $1,240,000 Nick Gruber moved to approve the resolution.Mike Watts second. Scott Sanders from PFM was present to discuss the bidding.The City received five bids ranging in true interest rate from 3.3196%to 3.6166%.In all,13 banks from five different states participated in the bidding.PFM is recommending the City accept the low bid from UMB Bank,N.A.at 3.3196%interest for 1,240,000 General Obligation Bonds,Series 2003.Brief Discussion including a comment by Mark Arentsen in which he thanked PFM for all of the work on this project and also indicated that this was a credit to the city's financial condition because people don't have to submit bids at this level,if they don't think the city is in good shape financially.Roll call:Ayes:Gruber, Watts,Bailey,Peard.Nays:None.Motion carried 4 -0 with one council seat vacant. (10)Public Hearing:On detailed plans,specifications,notice of hearing,notice to bidders and form of contract for the 2003 Water Main and Sanitary Sewer Crossings Mayor Oberman opened the public hearing.No written comments had been received prior to the public hearing.No one present wished to address the issue.Mayor Oberman closed the public hearing, (11)Resolution:Finally approving and confirming detailed plans,specifications, estimate of cost and form of contract for 2003 Water Main and Sanitary Sewer Crossings Mike Watts moved to approve the resolution.Bill Peard second.Roll call: Ayes:Watts,Peards,Gruber,Bailey.Nays:None.Motion carried 4 -0 with one council seat vacant. (12)Resolution:Approving awarding contract for 2003 Water Main and Sanitary Sewer Crossings Mike Watts moved to approve awarding the contract to KRI Company in the amount of$114,000.Nick Gruber second.Brief Discussion.Ayes:Watts, Gruber,Bailey,Peard.Nays:None.Motion carried 4 -0 with one council seat vacant, (13)Resolution:Approving Petition,Contract and Waiver Agreement with Warren Hunsberger,Charles Gabus and Frank Scaglione with respect to the R22 Sanitary Sewer Improvements Project Bill Peard moved to approve the resolution.Don Bailey second.City Administrator Mark Arentsen indicated that agreements representing the contributions and establishing covenants as to what is expected of the parties to these agreements had been fmalized Friday and over the weekend.Mik Briedis stated the property owners have a commitment to the completion of this project as exhibited by a total up front cash contribution from the three property owners of$369,000 which is 2/3 of each property owner's assessment /connection fee which would be due and 90%of the cost of installation of the 12 inch main,a bid altemate.Mr.Briedis went on to say 5 this not only gets this project moving;but sets iu motion the next step,which will occur when the facility beiug built right now reaches capacity aud the city has to upgrade to the larger pump station.At this point,the major contributors through the agreement the Petition,Contract,Waiver have given up their rights to object to the assessment assigned to each for the up grade to the larger pump station.Further discussion resulted in the decision to postpone items 13,14 and l S until Friday,May 23,2003 at 5:00 o'clock.The previous motion and second were withdrawn.Nick Gruber so moved the postponiug of items 13,14 aud 15 to Friday at 5:00 o'clock.Mike Watts second.Roll call:Ayes: Gruber,Watts,Bailey,Peard.Nays:None.Motion carried 4 -0 with one council seat vacant. (14)Resolution:Finally Approving and Confirming detailed plans,specifications, estimate of cost and form of contract for the R22 Sanitary Sewer Improvements Project Postponed until Friday,May 23 at 5:00 o'clock. (15)Resolution:Approving Awarding Contract for R22 Sanitary Sewer Improvements Project Postponed until Friday,May 23 at 5:00 o'clock. (16)Resolution:Approving Report on Plan of Action with respect to providing a sanitary sewer collection system in the subdivision locally known as Southfork and including Walnut Ridge Subdivision Councilman Don Bailey,Jr.moved to approve this resolution.Mike Watts second.Brief Discussion.Roll call:Ayes:Bailey,Watts, Gruber,Peard.Nays:None.Motion carried 4 -0 with one council seat vacaut. (17)Resolution:Approving Preliminary Plat for Williams Pointe Plat 2 Nick Gruber moved to approve this resolution contingent on resolviug the park issue aud wideniug the trail easement from 8 feet to 10 feet.Bill Peard second.Councilman Bailey indicated that the packet didn't contain a letter referenced several times iu the cover sheet.He felt the packet should have been more complete including information with respect to the park land acres aud the grant received for the park land.Mark Arentsen,City Administrator,indicated the resolution of the Park Laud issue to the satisfaction ofthe council can be accomplished by empoweriug the staff to resolve this issue.At least three council members verbally agreed to authorize the staff to resolve this issue using the guidelines established by the council.Tom Wittman with Civil Engineering Consultauts, representing William's Turf Farm,the owner of the property and Regency and affiliated companies,the developer of the property requested approval of the preliminary plat as well as the construction plaus for Williams Pointe Plat 2 and the site plan for Williams Poiute Townhomes II.Councilman Watts did not think the council should approve auy more plats or plans until the park land issue was resolved.The City Attorney,Paul Huscher,iudicated that once the preliminary plat is approved they have the right to proceed with the development as approved in the preliminary plat.The final plat is not negotiated;but,models the preliminary plat as approved.Plat approval comes with the council's vote,not with recording ofthe document,Don Bailey requested additional information as to the amount of park laud and as to how the number of acres was calculated and comparing it with what we are asking.The "number"of acres and where located has not been negotiated.Originally 20 acres were to be allocated to park land; however,the laud is being sold parcel by parcel and the number of acres for park land has been reduced to 11 acres.Chuck Thomas,representing Regency,iudicated that it might be possible to acquire the additional five acres;but couldn't guarantee the outcome. Further discussion resulted in Nick Gruber amending his motion to send this item aud } ) 6 items 18 and 19 back to staff for review and park land negotiation.Mike Watts seconded the amended motion.Roll call:Ayes:Gruber,Watts,Bailey,Peard.Nays:None. Motion carried 4 -0 with one council seat vacant. (18)Resolution:Approving Construction Plans for Williams Pointe Plat 2 Referred back to staff for further work. (19)Resolution:Approving Site Plan for Williams Pointe Townhomes II Referred back to staff for further work. (20)Resolution:Approving Preliminary Plat for The Point (Point of Grace Church) Don Bailey moved to approve.Nick Gruber second.Councilman Bailey was concemed that the packet was incomplete and that the roadway to be built at a later date was not guaranteed through a written agreement by both property owners.Doug Saltzgaver with Engineering Resource Group,2413 Grand Avenue,explained the preliminary plat and showed council the final plat,which has been through Planning &Zoning Commission. The City Attomey Paul Huscher noted that what was sought as the preliminary plat was not the same as the final plat and that the roads identified on the preliminary plat would not necessarily be built.The original agreement that was formulated when the Plat of Survey was being considered was not filed.The council would like that agreement attached to the preliminary plat before action will be taken by the counciL The council did not take action on this item during this meeting. (21)Public Hearing:On approval of a lease purchase agreement with Diversified Lenders,Inc.for the purpose of procuring a Utility Billing and Customer Service Data Software and Hardware System in the amount of $33,776.00 Mayor Oberman opened the public hearing.No written comments had been received prior to the hearing.No one present from those in attendance wished to address the issue.Councilman Watts asked for the pay-out price,The resolution was erroneously written as the pay-out is $33,776.00 and the lease purchase amount is really $37,806.30.Mr.Watts is concemed that we will get into difficulties similar to those encountered in the previous hardware / software lease.In addition,Mr.Watts indicated that the city would save approximately $4,000 -$5,000,if the purchase could be outright.Initially stafffeit cash flow would be better ifthe equipment and software were purchased over three years;however,after considering the possibilities for funding of the purchase staff concurred with Mr.Watts that a purchase rather than a lease /purchase was possible at this time.Mayor Oberman closed the public hearing. (22)Resolution:Approving a lease purchase agreement with Diversified Lenders,Inc. for the purpose of procuring a Utility Billing and Customer Service Data Software and Hardware System in the amount of $33,776.00 Nick Gruber moved to approve the resolution.Mike Watts second.After further discussion,council decided to buy outright as opposed to buying by lease purchase;so amended the motion.Councilman Gruber amended his motion to reflect purchasing the hardware /software directly from Incode. Mike Watts seconded the amended motion.Roll call:Ayes:Gruber,Watts,Bailey, Peard.Nays:None.Motion carried 4 -0 with one council seat vacant. (23)Public Hearing:On an ordinance to amend Chapter 301,Waukee Municipal Code,Providing for a Schedule of Fees,Ordinance of the City of Waukee,Iowa,by deleting Section 301.31 of said Chapter and inserting in lieu thereof a revised Section 301.31 Mayor Oberman opened the public hearing on this item.No written comments were received prior to the hearing,Chuck Thomas,representing Regency Development 7 Co.and Developers Council of Greater DM recommended the council defer the first reading until justification for the ordinance is presented to the council.He felt the increase was too great -any where from 25%to 33%-and was a matter of keeping up with the neighboring communities.No other person present wished to address the issue. Mayor Oberman closed the public hearing. (24)Ordinance:Approving an ordinance to amend Chapter 301,Waukee Municipal Code,Providing for a Schedule of Fees,Ordinance of the City of Waukee,Iowa,by deleting Section 301.3 of said Chapter and inserting in lieu thereof a revised Section 301.31 (intro and first reading)Nick Gruber introduced the ordinance.Mike Watts moved to have the first reading in title only.Bill Peard second.Councihnan Watts reviewed the changes.Mr.Thomas reiterated his concern that we have already increased the building fees and now were looking at sizable increases in the permit fees. Councilman Bailey agreed with Mr.Thomas in that he felt the increases were too great and that the justification of raising the fees:because neighboring communities were higher;was an insufficient reason.Councilman Peard indicated that governments and municipalities were in financial trouble and an increase in user fees is one method of increasing revenue.City Attorney Paul Huscher indicated that the proposed fees did not come close to covering the expense associated with his review of the documentation associated with the permit request.Deputy City Clerk Cathy Paardekooper indicated that the increase suggested had been thought through and could be justified by reviewing increases in personnel costs and associated increases and by analyzing the cost of review and granting of permit requests.Mayor Oberman asked for a Roll call:Ayes:Watts, Gruber,Peard.Nays:Bailey.Motion carried 3 -I with one council seat vacant.Mark Arentsen read the ordinance in title only. (25)Ordinance:Approving an ordinance to amend Chapter 225.2,Subsection B, Waukee Municipal Code,to provide for a form of Utility Permit Application to be approved by the Director of Public Works,by adding after the word "installation"in the fourth line thereof,the words:"including applicant name,street address,city,state &zip code,telephone number,contact person,and any other information as may be required by the Director of Public Works".(intro and first reading)Don Bailey,Ir. introduced the ordinance.Mike Watts moved to have the first reading in title only.Nick Gruber second.Roll call:Ayes:Watts,Gruber,Bailey,Peard.Nays:None.Motion carried 4 -O.with one council seat vacant.Mark Arentsen read the ordinance in title only.Nick Gruber moved to waive the second and third readings and place this ordinance on its final passage.Mike Watts second.Roll call:Ayes:Gruber,Watts, Peard,Bailey.Nays:None.Motion carried 4 -0 with one council seat vacant.Mayor Oberman declared this ordinance passed and duly adopted. (26)Ordinance:Approving an ordinance to amend Chapter 225.2,Subsection K, Performance Bond,Waukee Municipal Code,to provide that a surety or cash bond shall be filed with the city for restoration of areas within the right of way and on utility easements by deleting from the heading thereof and from said section the words, "performance bond"and inserting in lieu thereof the words,"surety bond or cash bond"and by adding to said section the words "A cash bond shall be held for 90 days after date of completion".(intro and first reading)Mike Watts introduced this ordinance.Nick Gruber moved to have the first reading in title only.Don Bailey,Ir. I J I 8 second.Roll call:Ayes:Gruber,Bailey,Watts,Peard.Nays:None.Motion carried 4- O.with one council seat vacant.Mark Arentsen read the ordinance in title only. (27)Ordinance:Approving 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 the following zones:to C- IA (Community and Highway Service Commercial District)and to R-3 (Multi-Family Residential);and then from C-IA (Community and Highway Service Commercial District)and from R-3 (Multi-Family Residential)to the following Zone:PD (Planned Development Overlay District);and amend the official zoning map to show re-zoning (Legacy Pointe)(second reading)Mike Watts moved to have the second reading in title only,waive the third reading and place this ordinance on its final passage.Nick Gruber second.Roll call:Ayes:Watts,Gruber,Peard,Bailey.Nays:None.Motion carried 4-o with one council seat vacant.Mark Arentsen read the ordinance in title only.Mayor Oberman declared this ordinance passed and duly adopted. (28)Ordinance:Approving an ordinance to amend §304.5(M),Waukee Municipal Code,Chapter 304,Site Plan Requirements of the City of Waukee,Iowa,by modifying the second sentence of the first paragraph thereof,so that it reads:"Documentation to be submitted shall include color building elevations showing the building's design on all sides and a description of structural and exterior materials to be used."(second reading)Mike Watts moved to have the second reading in title only.Nick Gruber second.Roll call:Ayes:Watts,Gruber,Bailey,Peard.Nays:None.Motion carried 4-o with one council seat vacant.Mark Arentsen read the ordinance in title only. (29)Ordinance:Approving an ordinance providing for the division of taxes levied on taxable property in the 2003 Amendment to the Waukee Urban Renewal Area, pursuant to Section 403.19 of the Code of Iowa (third reading)Nick Gruber moved to have the third reading in title only and to place this ordinance on its final passage.Mike Watts second.Roll call:Ayes:Gruber,Watts,Bailey,Peard,Nays:None.Motion carried 4 -0 with one council seat vacant.Mark Arentsen read the ordinance in title only.Mayor Oberman declared this ordinance passed and duly adopted. (30)Discussion:City funding of sewer back-up claims Don Bailey moved to hold this discussion.Mike Watts second.Councihnan Bailey,who had requested this item be placed on the agenda,led the discussion to possibly determine cause and remedy for the sewer back-up in this area.John Gibson indicated that the sewer line lies between the house and the sidewalk,is only about 4 feet deep and is not a continuous line;but tiles laid end for end.Lack of moisture in the past year probably resulted in the growth oftree roots into the sewer line at a point of juncture.The cause for the problem is not thought to be attributed to the rain nor the usage of the force main pump at the Library site. Hydro Clean was hired to roto root the line and remove the root blockages.The City inspects this area and one other area in the city yearly and will drill out the line on an annual basis.Pnblic Works Director John Gibson indicated that these two areas could be reviewed and roto rootered out semi-annually to inhibit blockages.Councihnan Bailey encouraged staff to keep the lines of communication open in instances such as this;so that citizens have a recourse or,at least,city personnel willing to help,if at all possible. City Attorney Paul Huscher indicated that the city could not use municipal eqnipment and personnel to repair private sewer lines.Back flow preventer placed in the service line to act as a check valve is a possibility as a preventive measure. 9 REPORTS:Reports were presented by Mark Arentsen,John Gibson,Mile Briedis,Mike Watts,Don Bailey,Jr. At this time Mayor Oberman asked for a motion to adjourn.Milce Watts moved.Don Bailey,Jr.second,Ayes:All.Nays:None.Motion carried 4-0. Meeting Adjourned at 10:05 PM. I Attest: Mark J.Arentse,ity Administrator/Clerk 1 I 10