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City Council Regular Meeting Minutes February 24, 2009 Page 9 1 Councilmember Gray questioned if this will set a precedent. He stated he is aware of at least one 2 private alley in the City other than this one. Mr. Hubmer replied he does not think there is an 3 obligation for the City to proceed in this manner with future alleys that are private. There are 4 extenuating circumstances in this situation. The alley does not serve the people that own it; they 5 had an inherit risk they were not aware of. He noted the project is 100% assessable back to the 6 residents. 7 8 City Attorney Gilligan advised that this project does not set a precedent. It is a fairly unique 9 situation given the water main, which is the purpose to complete the project. 10 11 Motion by Councilmember Roth, seconded by Councilmember Gray, to adopt Resolution 09- 12 026, Accepting the Feasibility Report and Order Plans & Specifications for the Arbors Alley 13 Roadway and Utility Improvement Project. 14 15 Motion carried unanimously. 16 17 E. Consider Ordinance 09-002• Illicit Discharge Detection Elimination Ordinance (1" 18 reading. 19 20 Mr. Hubmer reviewed the ordinance with the Council and advised staff recommends approval of 21 the ordinance. 22 23 Councilmember Gray requested clarification that this is a different connection than what was 24 previously discussed in relation to sump pumps, etc. connecting to the sanitary sewer. Mr. 25 Hubmer replied that is correct. A legal connection is allowed to the storm sewer system. 26 27 Mayor Pro Tem Stille inquired whether staff recommends waiving the second and third readings 28 of the proposed ordinance. City Manager Morrison responded in the affirmative. 29 30 Motion by Councilmember Roth, seconded by Councilmember Thuesen, to approve the First 31 Reading, Waive the Second and Third Readings, and adopt Ordinance 09-002; Illicit Discharge 32 Detection Elimination Ordinance. 33 34 Motion carried unanimously. 35 36 F. Consider Ordinance 09-001; Adopting the Re -Codified CitKCode. Mike Mornson, City 37 Manager, presenting 2"a reading). 38 39 City Manager Morrison reviewed the ordinance with the Council and indicated this is the second 40 reading of the proposed ordinance. He stated the City's Code of Ordinances was last re -codified 41 in 1993. In the 15 years since, the Code of Ordinance has experienced occasional minor revisions 42 that reflected changes in the local, state, or federal levels. However, in the last two years there 43 have been more substantial changes that needed to be included in the City Code of Ordinances. 44 This includes major changes to the City's Sign Ordinance, Building code, Fire code, changes to 45 the State's Statute on dangerous dog designation necessitated changes to the City's Animal 46 Control Ordinance, and the addition of a City Housing Code. The new City Code has been re- M