HomeMy WebLinkAboutA005 - Memo from John Dunn dated November 27, 2017 regarding USDA comments on Revisions to Chapter 28 6TY-OF Memo
.: Ames
WATER a POLLUTION CONTROL
To: Mayor and Council
From: John Dunn r�i 40,,4111�
Date: November 27, 2 17:
Subject: USDA Comments on Revisions to Chapter 28
On November 17,staff received a letter from the United States Department of Agriculture:r igarding-a
portion of the revised Chapter 28 of the Municipal Code. A workshop with Council to discuss the
proposed changes was held on October 17. The.public hearing and first reading took place on October
24,and the second reading occurred on November 14. The third reading end.adoption.'is scheduled to
cake place on November 28.
The concern expressed by the USDA-is related to the ownership of a drinking water pump station and
Waste water flow meter. City staff have always believed the facility to.be the property of the USDA.
Conversely; staff.has learned that the USDA has historically believe.d.that.the facility is owned by the City
of Ames.
On_Octob.er:14,staff from the City of Ames and USDA met to discuss this(and other) issues. It was
agreed at that time that-both parties would.research'their respective records-in an attempt to.ascerta.in..
the original ownership intent at the time of the initial construction of the facilities. As of the date of this-
memo, both parties are still performing their research,and the question of-ownership is not resolved.
I appreciate the time and attention the:USDA invested-to provide their comments: The entire reason.
staff recommended adoption of the new language regarding ownership of the sewer lateral was to
eliminate any uncertainly for property owners:- Unfortunately,the proposed.language suggested by the,
USDA's-Office of General Counsel is vague a,nd.not specific to-the-USDA.structure in question and would
reintroduce.uncertainty'into the new code language, negating its intended purpose. :As:a result,-the.
proposed language provided by_the USDA is not something I can recommend that the.Cit- Council
adopt.
It is worth noting that there.is no immediate maintenance or repair needed to the in
question. City staff intends.to follow through.in its agreement with the USDA to jointly research the
history of the structure ih.question. It.would be my intent to document the outcome of that research.in
a Memorandum'of-Agreement between the two parties.. If the agreement were to-Warranta revision to
the Municipal.Code; it can be brought back to Council at a future date.
Water.end Pollution Control.Department: 1800 E 33'"Street
515.239:5T50 main P.O.Box 811-
Administrative-Division. 515.239:5496jae-- Ames,]A50010 _
www.CityofAmet.org/Water'