Calling it, "the fairest way to do this," City Manager Bob Fagen, watched as Spencer's seven city councilman approved the second filing of an amendment which will create a proposed $5 Combined Sewer Initiative Surcharge to the city of Spencer wastewater customers.

The action took place at Monday night's city council session, held in council chambers.

The revenues generated under this charge will be used strictly for the cost associated with making the necessary improvements to sanitary/storm sewer that are being mandated by the EPA. The improvements could also include improvements to the wastewater plant as well.

"It shows the EPA we're going to do our best…," Fagen said to the councilmen.

It is important to note that this surcharge is to pay for the city's portion of future projects only. As with similar projects of this kind, special assessments will still be used for individuals that receive a direct benefit from the project. The estimated cost at this time for the improvements needed to meet the EPA mandate are approximately $30 million and will take 20 to 30 years to complete.

The preliminary surveys are in and it appears that 63 percent of the 670 surveys that were returned indicated that they either somewhat or strongly agree with the $5 monthly charge.

"We all have to share in that…," Ward 3 Councilman Steve Bomgaars said.

A third and final filing is expected to be held at the July 21 council meeting.

In other business

* After the city council approved a resolution of support for the Spencer Great Places Resolution of Support during the meeting, it was noted that a public meeting will be held on the matter at 6:30 p.m., Thursday in council chambers.

* Following a Committee of the Whole meeting, held just prior to the regular council session, the council agreed to schedule a public hearing for 6:30 p.m., Monday, July 21 with regards to a request from Roland and Rikki Hamrick to purchase city owned property.

The property, which is located at 605 W. Ninth, is an approximate 15' x 20' piece of and that was formerly used for a lift station. The lift station has been removed and the city has no further use for the land.

The Public Works Department supports the sale with the stipulation of retaining the existing five-foot easement, as well as selling the land "as is". This would remove the city from any responsibility that may result if any part of the structure might have been left on the site.

* In a seperate matter, a public hearing regarding the sale of another piece of

city owned property to Carl and Laura Carlentini came and went without any objections, leading the city to move forward with the property sale.

The sale request follows the discovery that during the sale of land to General Machine Works that approximately three-foot of land owned by the city overlapped where the Carlentini's garage is set.

* With one written letter of support from Royal resident Lee Youde entered during a public hearing, the city council approved thef first filing of an amendment to the City Code to allow for the use of a "Bed and Breakfast Facility" as a special exception use in the C-1 Commercial Zoning District and the B Multiple Residential Zoning District.

* During department head reports, Spencer Police Chief Mark Lawson noted that the issue of pit bulls looks like it could come up for discussion in Spencer in light of recent events.

* City Attorney Don Hemphill provided the council with a detailed rundown of places impacted by the new non-smoking law that went into effect on July 1. The law pretty much prevents smoking from any public property, governmental property, commercial business or directly attached properties.

The question was raised that since this is a Department of Health enforced matter, should Spencer Police be called on to write tickets and enforce it. Hemphill reminded the officials that Spencer Police officers are sworn to uphold the laws of the state.