The City Engineer suggested that Mr. Clasen remove the dam he has built in the slough, and take out the berm, so that water can flow more freely. Councilman Scott VanLeeuwen said there is no question that Mr. Clasen has a water problem, but does not feel that it is the city's responsibility for ground water or irrigation problems. He proposed that the City Council find as follows: 1. That the drain adjacent to Mr. Clasen is purely private and the city lacks jurisdiction and authority to operate and maintain that drain. 2. That the city does not have the right of access to maintain this private drain. 3. That the city is immune from damage created by "flood waters, earthquakes, or natural disasters" and "the construction, repair, or operation of flood or storm systems." 4. That the wetlands in the vicinity may be federally protected, preventing any fill or piping without permit. 5. That no significant run-off from public facilities using this private drain. 6. That the flood problems experienced by Mr. Clasen result from ground water infiltration resulting from the placement of a basement in an area known to have high ground water. 7. That Utah experiences wet and dry climactic cycles which affect ground water and storm run-off which are considered as acts of God. 8. That no additional action be taken by staff and no further public funds be expended on this matter which is determined to be a private drainage and flood control issue. 9. That Mr. Clasen may appeal these findings to the Utah Private Property Ombudsman for a formal opinion if he feels that the findings of the city council are incorrect. The proposal was passed unanimously. Councilman Delbert Hodson felt that there have been lots of mosquitos, probably because of the wet year. Councilman Kim Slater believed they have been under control considering the year. Residents can call the Mosquito Abatement to request an area be sprayed, but they may need a few days' notice. Mr. Slater reported that as of September, there has been no West Nile virus reported in the county. Mr.Slater would still like UDOT to improve the appearance of the detention basins on 12*1 Street. President Ilium is concerned with the dust and dirt on the south side of the Chevron Gas Station. Mr. Morris met with Brent DeYoung, UDOT, last week, and was told that Mr. DeYoung would look into solving the problem. A heavy rain hit the top of Utah early in August, and flooding occurred at Toads/Mulligans and homes in the area on Pioneer Road. Councilman Rob Smout said a Mill Creek Subdivision resident contacted him before the meeting on October 20, 2011, telling him several grinder pumps have gone out in the subdivision. Staff said the city sponsored a meeting with the residents and the grinder pump company about pump maintenance. In most instances, pump failures have been due to residents flushing items down the toilets that they should not. Jerry Limpkin, living in Mill Creek Subdivision, asked if the City had a plan to landscape the entrance into the subdivision. Landscaping on the east side of the entrance of Mill Creek Subdivision was done by the special district in late summer and the grass should be growing soon. The Combe Tree Farm will be donating about 15 trees. The city applied for a grant for the west side but did not obtain it, and will continue to seek grant funds for that side. Residents of both the Mill Creek and Spencer Farms Subdivisions have had problems with moss in the irrigation system this year. Staff discovered that the existing moss filter system had broken down, causing the problem. The moss filter system has been maintained by the developer under the contract. 17