The Cherokee City Council voted 4 to 0 to charge property owner Chad Carey for the expense of sealing off an abandoned water line that once served the property he owns on Spring Lake Drive.
The water line had also served three residential properties that at one time were rental properties. These properties were not metered and were provided water as part of the rental agreement. Two of these properties were subsequently combined, making a total of three properties now involved in the matter, each now with a separate line from the main and separately metered.
The issue was initially discussed at the May 13 meeting. At that time Carey took the position that he should not be responsible for the cost of permanently sealing off the line at the main because a definition in the city code regarding the owner of a water line refers to the owner of the "property served." Carey said he had never used that water line so he does not meet the definition of owner of a property served.
He added that if the city charges property owners for the cost, all the property owners should share that cost.
The matter was tabled at the May 13 meeting so that the other property owners could provide input.
Mick Mallory, council member, referred to the city code making the property owner financially responsible for capping off an abandoned line. He said that the matter of who would pay for the line should have been addressed between Carey and the former owner at the time Carey purchased the property.
It was noted that there are other properties in which water lines are shared in violation of the city code. A decision regarding Spring Lake Drive properties could be regarded as precedent.
Four council members voted in favor of the motion to require Carey to be held solely responsible for the cost of capping the line. Linda Burkhart abstained because of her relationship to one of the parties involved.
The council voted to issue general obligation bonds of $595,000 for the purposes of improvements to the community center and for purchase of a response vehicle for the fire department.
The approximate debt levy service for this bond will be 70 cents per $1,000 of taxable valuation. The bond is for 10 years and will involve slightly over $125,000 in interest above the $595,000 principal.
The community center improvement project makes up $400,000 of the bond amount while the fire department vehicle makes up $195,000 of the bond amount.
Ruan Securities is handling the bond sale.
During the open forum part of the meeting, Chad Carey offered to donate a now vacant lot across the street from the fire department. This property is next to another vacant lot owned by the fire department. The matter was not on the agenda so no action was taken. The matter will be on the agenda at the next council meeting.
The council accepted the lower of two bids for a dump truck chassis. The low bid was from O'Halloran International of Cherokee. The council also accepted the lower of two bids for the dump body, hydraulics and snow plow bid by Steffen at $24,926.
The council accepted the highest of four bids for purchase of a tractor mower from the street department. The high bid was $1,255 from Tom Jenness.