MacKenzie Elmer

melmer@dmreg.com

The Des Moines City Council voted to continue its support of controversial legislation that would dismantle Des Moines Water Works Monday night despite a room full of angry citizens who spoke against it.

The vote was four against, two in favor and one abstaining on Councilman Skip Moore's motion that the city oppose bills in the Statehouse that would place water utilities and its assets under the control of local city councils. Both bills have passed Iowa House and Senate committees and are eligible for floor debate.

The City of Des Moines directed its lobbyists to register in favor of the legislation on Feb. 15, the day the bill was introduced, but claims it took no formal vote at that meeting. Residents complained city leaders were backing the issue without first holding a public discussion and vote.

After tense weeks of Statehouse and council meetings, Moore asked a public vote be placed on the agenda "to show where the council stands."

"Somehow, people keep accusing me of being for these two bills and I think it's time we cleared the air tonight," Moore said Monday night, pausing to sip water from a glass initiating raucous applause from the crowd.

Council members Moore and Bill Gray voted in favor of Moore's motion. Christine Hensley, Linda Westergaard, Chris Coleman and Joe Gatto voted against it. Mayor Frank Cownie abstained from voting.

"I don’t like any of the bills. I hated the bill that came through last year, but I will also tell you we need to stay in a position where we can monitor the outcome," Cownie said, adding he didn't like Moore's motion either.

The mayor can't make motions during meetings. Cownie said he would have preferred the city register undecided on the bill instead, "to monitor" its progress and still have a seat at the discussion table with lawmakers.

"It’s not a problem we were out trying to seek to fix. This issue was thrust upon us and we did our best to deal with it," Coleman said.

About 70 people packed the council chambers Monday night for an hour and a half of public comment, all against the bills. It was standing room only to hear the outcome of the vote.

"Regionalization would probably be a good idea for Des Moines, but we want the money kept out of politicians hands," said one Des Moines resident said.

Members of the Des Moines Water Works Board of Trustees condemned the city's move to do away with the utility's governing board which has operated independently from the city for 98 years.

"I took it as a betrayal by the city," said board member Marc Wallace.

Cownie said later if the city takes over the water utility, he wants to keep Stowe and the rest of the water works personnel.

Rep. Jarad Klein, a Republican hog farmer from Keota, sponsored the legislation through the Iowa House Agriculture committee.

"Since when do our elected officials take marching orders from someone who doesn’t even live here on something as important as clean, safe drinking water, particularly when you have power to call referendum on governance," said Leslie Gearhart, chair of the board. "If that’s the way it is, why have we elected you."

Immediately after the vote, shouts ensued from the crowd. The mayor called a recess and council members Gray, Moore and the mayor stayed in the room to talk with citizens. The rest left the chambers.

"I call this the 'Kill Bill' bill," said Moore, referring to Des Moines Water Works CEO Bill Stowe.

Stowe has said the legislation is retaliation for the utility's lawsuit against drainage districts in three northwest Iowa counties claiming they funnel nitrates into the Raccoon River, a source for drinking water. A federal judge dismissed the lawsuit on Friday.

If the bill passes, the utility's $250 million in assets may be absorbed into a new city department while area leaders explore a regional water production and treatment system.

The bill has undergone a series of changes since it was first introduced, but doesn't directly create a regional water system as it stands.

Amendments filed Monday to House File 484 would direct central Iowa mayors, city managers and rural water administrators to begin studying a regional water utility. About 30 people would sit on the board. A separate executive committee made up of representatives from Des Moines, West Des Moines, Urbandale and Ankeny would propose the utility's operations and governance structure for approval by the larger group.

If a regional utility is not created by Jan. 1, 2019, water utilities would revert back to their existing independent structure.

Des Moines Water Works Trustee Susan Huppert filed a formal complaint with the Iowa Public Information Board on March 3 alleging Des Moines violated state law when council members met during Feb. 15 to discuss legislative issues, including the water utility bill. The board has yet to accept the complaint.