HomeMy WebLinkAbout06 07 10 City Council minutes4646 Dakota Street SE ''
Prior Lake, MN 55372
REGULAR CITY COUNCIL MEETING MINUTES
', June 7, 2010
CALL TO ORDER
The meeting was called to order at 6:00 p.m. Present were Mayor Myyer, Council members Erickson,
Hedberg and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer
Albrecht, Water Resources Engineer Bintner, Community Development and Natural Resources Director
Parr, Assistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant
Green. Councilor Keeney was absent.
PUBLIC FORUM
The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. It
will be no longer than 30 minutes in length and';each .presenter will have no more than ten (10) minutes to
speak. Items to be considered on the agenda may be addressed at the Public Forum unless they have
been or will be the subject of a public hearing or public information hearing at the City Council, the
Economic Development Authority (EDA), the Planning Commission, or any other City Advisory Committee
within the foreseeable future. Forum items are also restricted to City governmental topics rather than as a
platform for private agendas. Matters that are the subject of pending litigation are not appropriate for the
Public Forum. The City Council will not take formal action on Public Forum presentations.
City Manager Boyles explained the concept of the Public Forum.
Comments:
Dan Smith, 16484 Sage Way NW, commented on the dates for calculation of sewer rates and encouraged
the City move the deadline date from May 20.
Chip Isaacson, 4207 Quaker Trail, stated the,outlet from Prior Lake is on his property and there is a
ravine behind his house where erosion occurs during storm events with silt going into the lake. Stated
there are contractors and landscapers on site at this time and believes erosion issues could be addressed
with lesser cost if a repair is undertaken with them while they are on site. Commented that the City and
Watershed seem to be in disagreement about the ravine repair and responsibility for it.
Erickson: Offered a motion to direct staff to look into the water runoff issue.
Millar: Seconded the motion.
Boyles: Commented that typically the Council',does not take action on a forum topic, but rather directs
staff to place it on a future agenda for discussion.
The motion was withdrawn.
APPROVAL OF AGENDA ',
Councilor Erickson requested the addition of a new business item regarding solution for the outlet
channel erosion issue raised at the forum.
City Manager Boyles requested addition of a new business item regarding the deadline date for
calculation of sewer rates; and also the addition of a Consent Agenda item to consider approval of a
resolution approving the final plat and development contract for Maple Glen 3rd Addition.
Phone 952.447.9800 /Fax 952.447.4245 / www.cityofpriorlake.com
MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE AGENDA AS MODIFIED.
VOTE: Ayes by Myser, Erickson, Hedberg and, Millar. The motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE MINUTES OF THE MAY 17, 2010,
MEETING MINUTES AS PRESENTED.
VOTE: Ayes by Myser, Erickson, Hedberg and. Millar. The motion carried.
CONSENT AGENDA
City Manager Boyles reviewed the items on the consent agenda.
A. Consider Approval of Invoices to be Paid.'
B. Consider Approval of a Temporary Liquor License Extension for Basement Bar & Grill (June 26, 2010).
C. Consider Approval of a Temporary Liquor License Extension for Basement Bar & Grill (July 17, 2010).
D. Consider Approval of Resolution 10.052 Approving the Final Plat and Development Contract for Maple
Glen 3rd Addition.
Councilor Erickson requested that item B, Consider Approval of a Temporary Liquor License Extension
for Basement Bar & Grill (June 26, 2010), be removed from the Consent Agenda for discussion.
MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE CONSENT AGENDA AS
MODIFIED.
VOTE: Ayes by Myser, Erickson, Hedberg and. Millar. The motion carried.
Erickson: Queried the location of the stage and the directional set of the speakers to reduce the impact on
nearby residences.
Boyles: Replied the band will be located on north side of building with speakers directed toward the
Basement Bar and Grill.
Erickson: Clarified that hours of outdoor music will be up to 10 p.m.
Hedberg: Sought more clarification regarding location of band.
O'Rourke: Replied that the band will be setup north of the Basement Bar and. Grill, near to Velishek's
Auto, on the Hwy 13 side. Stated that there are no residences within the 500-foot required notification
boundary.
Erickson: Asked if the roadway will be closed.:.
O'Rourke: Replied that the road has been vacated and is now part of the parking lot.
MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE A TEMPORARY LIQUOR LICENSE
EXTENSION FOR BASEMENT BAR & GRILL (JUNE 26, 2010).
VOTE: Ayes by Myser, Erickson, Hedberg and' Millar. The motion carried.
PRESENTATION
Presentation of CenterPoint Energy Community Partnership Grant.
Fire. Chief Hartman explained the partnership grant program and introduced Larry Schulte of
CenterPoint. Schulte presented a grant in the amount of $2,500 to be used for a mobile data terminal for
the Fire Department first responder. Hartman explained how it the terminal allows communication directly
with Scott County dispatchers, GIS data, hazardous materials resources, etc. Noted that a grant was
received from CenterPoint in 2008 also,
Comments:
Erickson: Thanked CenterPoint for this grant and their ongoing support.
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Hedberg: Concurred.
Myyer: Asked what was done before to provide connection to Scott County Dispatch.
Hartman: Replied this will be making changes'., in the way the Fire Department operates by providing the
ability to get live data, Internet access, up-to-date information about handling of hazardous materials, etc.
Prior Lake Rotary Lakefront Jazz & Blues Festival July 10, 2010.
Assistant City Manager Meyer announced that the Rotary will be hosting a jazz and blues festival on July
10 and introduced Rotary President Kyle Haugen. Haugen spoke about the Rotary Club and its mission.
Explained what the club does to meet its donation goals and that the Lakefront Jazz and Blues Festival is
being conducted as a fundraiser. Listed the performers and described the deployment of the park areas for
various activities. Explained plans for transportation of people in and out of the park, emergency
contingency plans and management of alcohol'sales. Introduced event coordinators.
Comments:
Millar: Asked about the activities the Rotary conducts in the community.
Haugen: Replied that the majority of funds donated by Rotary are used for community service such as the
DARE program, Southern Valley Alliance for Battered Women, Habitat for Humanity, community gardens,
etc. Approximately $50,000 was donated in the Scott County area in the past 12 months.
Millar: Added that Rotary also purchased a DARE car for the City: Commented that Rotary
representatives and City staff have worked closely in the past few months on this event. Asked O'Rourke
to address how traffic control will be managed for the event..
O'Rourke: Described routes being established for bringing traffic in from out of town, signage, areas
identified for parking and cooperative efforts with SMSC.
Haugen: Added that shuttle buses will run between Lakefront Park and parking areas until midnight.
Millar: Noted that this event has no cost to City taxpayers, but is paid for entirely by the Rotary.
Hedberg: Prior Lake has a number of involved, private, non-profit organizations and Rotary is a leader
among them. This event will provide tremendous visibility for the City. Commented that Rotary has
received a number of corporation donations to help organize the event and make it successful.
Erickson: Asked about motorcycle parking.
Paul Perez: Replied that will be set up at Westwood School and there will be metal or wooden plates for
kickstands to avoid damage to asphalt.
Erickson: Asked if people using the community gardens will have access to the gardens that day.
Perez: Replied there is a plan to notify those individuals to take care of their gardens before 10 a.m. that
day.
Meyer: Affirmed that notices will be sent to community garden members.
Erickson: Asked how inflatables will be handled.
Dave Card: Replied there will be an array of inflatables available and users will purchase wristbands to
allow access to that area.
Erickson: Asked if coolers will be allowed in the park.
Perez: Replied it is their hope that people will use the vendors on the site and that the Website for this
event will ask that no coolers, beverages, or pets be brought to the park during the event.
Erickson: Asked about the City's liability if a liquor license is granted.
Pace: Replied the event coordinators will have to have proof of dramshop insurance. City will not have
liability.
Erickson: Expressed concern that this first time event appears it will draw a large crowd and he does not
know if the organizers. are prepared for that.
Myser: Believes this will be a great event for the Rotary and the City. Impressed with the planning and
preparation that has been done. Asked how it will be handled if 15,000-20,000 people arrive, or it is
extremely hot or damage is caused to the City park.
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Shaun Naya: Replied that plans are made to get people back to their vehicles if needed and they will have
the SMSC emergency mobile unit which can give lead time in the event of inclement weather arising.
Haugen: Reiterated that plans~are in place and contingencies to handle emergencies are planned.
Perez: Commented that the planning team has met with emergency service providers throughout the
County,
Presentation of Proclamation for Rotary Day on July 10, 2010.
Assistant City Manager Meyer presented the request to proclaim Rotary Day. Mayor Myser read the
proclamation and presented it to Rotary Chair',Haugen.
PUBLIC HEARING
Public Hearing on the 2011.2015 Capital Improvement Program (CIP) and Street Reconstruction
Plan.
Public Works Director Albrecht explained that State Statute 475 bonding requires a public hearing which
will be conducted at this meeting. Noted that the CIP includes the long-term planning documents for the
equipment replacement plan, the park equipment replacement plan and the transportation plan. Described
changes to those documents in the past year such as the addition of police vehicles to the equipment
replacement plan and changing the seed money for the park equipment replacement plan that will eliminate
an emergency contingency and reduce the amount of reserve funds for this item. Reviewed the
improvement projects identified for completion in 2011. Reviewed the street reconstruction projects for
2011 through 2015.
MOTION BY HEDBERG, SECONDED BY MILLAR TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Myser, Erickson, Hedberg and'... Millar. The motion carried and the public hearing opened at
7:40 p.m.
Comments:
No person stepped forward to speak.
MOTION BY MILLAR, SECONDED BY HEDBERG TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Myser, Erickson, Hedberg and Millar. The motion carried and the public hearing closed at
7:41 p.m.
Comments:
Hedberg: Commented that the report highlights that the City's debt level is approximately $36 million
which is projected to decline over the next ten. years by $6 million. Noted this does not include park
improvements or large scale fire equipment that would be taken to a referendum. Large scale investment
has been made over the past few years during a time of fast growth in the City. The build up of debt to
support the build up of infrastructure will die down. Several years ago, the City learned it was behind on
infrastructure maintenance and that it would take more than 30 years to reconstruct deteriorating City
streets. Over the past few years there have been serious efforts to achieve a sustainable, prudent plan to
have safe, accessible streets that would last over a long term. Asked how long, under the current plan, it
will take to reconstruct and maintain a rotating program of street maintenance.
Albrecht: Replied it will take 17-18 years to have the streets reconstructed the first time and then the cycle
to rebuild them will be a 35-year cycle.
Hedberg: Stated that 70-75% of the funds proposed for this CIP plan are related to streets, sewer and
water, which is the core of the City's responsibility. Commented that the debt service for 2011 is already
set as long-term debt commitments to allow planning and bidding for street reconstruction projects have to
be made before the operating budgets are put together.
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Millar: Commented that the proposed CIP for 2011 is $2 million less than 2010 and asked how the
amounts of expenditure were determined.
Albrecht: Replied that the five-year transportation dollars were "stretched out" by bumping a
neighborhood project out of the plan and shifting downtown priorities. Planning needs to be done before
downtown projects are undertaken. Need to deal with the issues on CR 21.
Millar: Clarified that the current park equipment replacement plan is at $100,000.
Albrecht: AfFrmed, and added that after 2010'the amount will be reduced to $50,000 annually.
Erickson: Asked if water quality improvements afforded with the water treatment facility could lead to less
degradation of the water meters and allow for replacing just the batteries rather than the entire meter.
Albrecht: Replied that meter replacement will be dictated by technology as the electronic components
wear out and money can be saved by replacing them rather than having follow-up service calls. Batteries
come with the electronic units.
Erickson: Asked about the feasibility of using surface water from a Burnsville quarry rather than building
another well
Albrecht: Replied the City has only a couple of connections to bring water from other sources. Currently,
at a peak day, the City is pumping all of its wells all the time. We have the safety net of a reservoir; but
when the towers are drained, it can cause damage to the system.
Erickson: Commented that surface water would have to be treated before it comes to us.
Albrecht: Replied that we are getting ground water from Savage so the treatment is the same; whereas
surface water has a different Ph balance and issues with smell and taste can arise when the two are mixed.
Erickson: Asked how the potential CR 21 alternative route might affect the Arcadia project.
Albrecht: Replied that can be known later this, year, but potentially some of the final work such as
landscaping, etc. would not be done. Noted the City has not bonded for that project yet.
Myser: Asked how many households are not on City water.
Albrecht: Replied it is less than 5% and they are in annexed areas on the periphery of the City where
amenities have not yet been extended.
Myser: Asked if those areas are queued on the CIP.
Albrecht: Replied that Mushtown Road is queued. Described other rural areas where the. amenities are
not scheduled and they would likely coincide with development in those areas.
Myser: Commented that it is good the City is doing the planning to take care of the infrastructure.
Struggles with decisions on capital improvement without knowing the operating situation. Suggested that if
the City is making infrastructure improvements, it might have to let go of some of the other improvements.
MOTION BY HEDBERG, SECONDED BY ERICKSON TO DIRECT STAFF TO PREPARE RESOLUTIONS
FOR APPROVAL OF THE 2011-2015 CIP AND STREET RECONSTRUCTION PLAN AT THE JUNE 21,
2010 CITY COUNCIL MEETING.
VOTE: Ayes by Myser, Erickson, Hedberg and' Millar. The motion carried.
Public Hearing to Consider an Appeal to Presumptive Civil Penalties for Tobacco Sales to a Minor
by B.K. Shah dba Narayan Gas and Grocery.
City Manager Boyles described City Code Section 308 which regulates the sale of tobacco products and
penalties associated with violations of the Code. Explained that Narayan Gas and Groceries has had three
violations in the past 36 months where its employees received convictions. Explained the penalties that will
be imposed. Stated that the owner is appealing the penalty prescribed by ordinance.
Comments:
Hedberg: Asked the City Attorney to explain how Section 308.900, affirmative defense, is applied in this
case.
Pace: Replied that the City does not have to deal with it since it does not move forward on civil violations
until adjudication takes place. The Court would, have determined whether an offense occurred.
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Hedberg: Clarified that this section would be relevant in the criminal proceedings that preceded this action.
Pace: Affirmed.
Myser: Queried whether Section 308.801 allows for an opportunity of interpretation of what the penalty
should be.
Pace: Replied that the Council does not have much latitude. Commented that some might question why
there is an appeal if the presumptive penalty is' license revocation. Stated that the due process element is
the public hearing and in any due process, findings of fact must be made as to what supports the Council's
reasoning such as what the ordinance provides and what has happened in Court. State Statute allows the
City to adopt ordinance to impose penalties it thinks appropriate. The Council adopted ordinance that it is
more stringent than State Statute. Listed the State Statute penalties for violations.
MOTION BY MILLAR, SECONDED BY ERICKSON TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Myser, Erickson, Hedberg and Millar. The motion carried and the public hearing opened at
8:15 p.m.
Comments:
B. K. Shah, 16176 Main Ave SE, apologized for the mistake made by his employee stating it was a human
error. Spoke about new equipment installed to,check identification for proper age. Believes it is working.
Spoke of the economic hardship of losing the license.
Millar: Clarified that the first electronic identification system that was purchased did not work.
Shah: Described the difficulties of using that system and errors that occurred with it.
Millar: Queried why the new system was not obtained sooner when they were aware there was a problem
with the first one, and that there would be revocation of the license with further violation.
Shah: Due to the cost. Stated he directed. employees to take greater care in checking identification and he
is aware that they have done so and that they have declined sales to underage people.
Myser: Asked if any test was passed during the 36-month period.
Shah: Replied that testing is done two times a'year and they have passed three or four times.
MOTION BY HEDBERG, SECONDED BY MILLAR TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Myser, Erickson, Hedberg and Millar. The motion carried and the public hearing closed at
8:27 p.m.
Comments:
Erickson: Commented that the Ruby system is a very impressive system and is like the one the Council
intended should be purchased back in 2009. Referred to minutes of the meeting from March 16, 2009.
Stated that half of the compliance checks in a three-year period failed. Ordinance specifically states how
violations should be handled. Supports revocation.
Millar: Believes in the sincerity of Shah and. noted that the Council gave him a break last time and tried to
drive the point home that it was the last chance before losing the license to sell tobacco for two years.
Concurred that the new machine should have been purchased before the third violation. Stated this
business is important to the community and he feels badly, but believes the ordinance should be upheld.
Hedberg: Concurred there is no latitude in the'ordinance. The progressive penalty system was
established to help the retailer correct the deficiencies and not result in a revocation of license. The owner
chose to make the lesser investment due to funds, and that was a risk the owner chose to take. Having a
tobacco license is a privilege. Disappointed that this happened, but will support the revocation.
Myser: Stated that even though Narayan Gas and Groceries passed two tests in the three-year period,
there is a pattern of behavior reflected that suggests a lack of willingness to take the necessary action to
change. They had three years to put a process in place to assure the product was sold legally. Clarified
with the City Attorney the language used in the ordinance.
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Pace: Affirmed that State Statute gives rules of construction for how to interpret mandatory ordinance, and
the word "Shall" means mandatory.
MOTION BY HEDBERG, SECONDED BY ERICKSON TO DIRECT STAFF TO PREPARE A
RESOLUTION INCLUDING FINDINGS OF FACT TO SUPPORT REVOCATION OF THE LICENSE FOR A
TWO-YEAR LICENSE PERIOD.
VOTE: Ayes by Myyer, Erickson, Hedberg and Millar. The motion carried.
OLD BUSINESS
No old business was scheduled
NEW BUSINESS
Consider Approval of a Temporary On-Sale Intoxicating Liquor License for the Prior Lake Rotary
Lakefront Jazz & Blues Festival
Assistant City Manager Meyer reviewed. the need for a temporary liquor license for the Lakefront Jazz
and Blues Festival. Explained that no Rotary member or City employee would receive financial gain from
the event so no conflict of interest exists.
Comments:
Hedberg: Believes this will be a great event. Noted that the Rotary has devised an elaborate, multi-step
program including training, for the alcohol sales portion and he feels satisfied that everything possible to
minimize sales to minors is being done.
Millar: Noted that no Rotarian is receiving financial gain from this event. Will support the event.
Erickson: Commented that this is the first occasion that the event has come before the Council.
Concerned about weather, the possibility of over-sized crowds and the Rotary's lack of experience with this
kind of event. Will not support due to those concerns.
Myser: Stated that proper planning has been done to put systems in place for all contingencies. Will
support.
Pace: Commented on the agreement and its specificity to the Pavilion. Questioned whether there are
provisions that will be problematic.
Meyer: Replied those items are part of the Lakefront Park Pavilion Reservation Policy which was attached
for the information of the Rotary. It is not the permit itself.
Hedberg: Commented on Erickson's remark that this topic had not come before the Council earlier noting
that such things as Lakefront Days does not come before the Council either. Section 702 of the City Code
refers to City parks and the City Manager has the authority to use the parks as necessary. Expects that the
event would be coordinated with the City for the necessary support, but it does not need to come before the
Council
MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE TEMPORARY ON-SALE
INTOXICATING LIQUOR LICENSE FOR THE PRIOR LAKE ROTARY FOR SATURDAY, JULY 10, 2010.
VOTE: Ayes by Myser, Hedberg and Millar. Erickson opposed. The motion carried.
Consider Approval of a Report Recommending Amendment to Prior Lake City Code Section
1102.1103 Uses Permitted by Conditions Use (5) Restaurant, Clubs and Lodges with Liquor.
City Manager Boyles spoke of the provision in' the City Code regarding distance from any property in the
R use district. Gave examples of businesses in commercial zones, such as restaurants, that would not be
allowed to apply for a liquor license due to confusion in administering the existing ordinance. Commented
that the ordinance does not necessarily address where noise could be coming from such as parking lots or
front doors; nor does it address where the receptors would be.
06 0710 meeting mintues
Comments:
Hedberg: Stated that the Planning Commission and staff should focus on protections that should be
achieved, get public input and provide clarity. Agreed that focus could be on where there are entrances to
buildings and parking lots are as that is where noise would emanate from. Would like to see businesses
find a way to develop in the community. Seeks less ambiguity and more consistency in the codes.
Millar: Commented that the City needs to be mindful of the type of businesses we want to attract,
especially in areas that are near to residential properties. Restaurants where food is the priority, rather
than a bar, would be preferred.
Erickson: Added that a good example is the Cove.
Myser: Concurred with comments to have intent of the code clarified, as well as the opportunity to develop
more business in the City.
MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO PREPARE AMENDMENTS TO
THE ORDINANCE FOR CONSIDERATION BY THE PLANNING COMMISSION AT A PUBLIC HEARING.
VOTE: Ayes by Myser, Erickson, Hedberg and Millar. The motion carried.
Consider Approval of Two Resolutions: 1) Accepting proposals and Authorizing WSB to Provide
Surveying and Wetland Delineation Services; and 2) Accepting Proposals and Authorizing NTS to
Provide Testing Services for the 2011 Water Quality Maintenance and Retrofit Project.
Water Resources Engineer Bintner indicated. this action is part of the ongoing maintenance of water
quality infrastructure. Stated a challenge is the changing level of service the City is required to meet as the
regulations are constantly changing. Explained how this project has potential opportunity for major grant
funding.
Comments:
Millar: Asked what the overall water quality is.
Bintner: Replied that some of the trends for chlorides were getting worse, but there is a plan for water
clarity and the financial resources to improve it. Noted that efforts sometimes don't show results for several
years.
Hedberg: Stated that the City is a lake community and the State programs are going to place future
significant requirements on it. Believes it is important to get on top of it and these first steps of selecting
consulting services to gather the information we need will, hopefully, prepare us to receive significant
funding.
Erickson: Asked if an ordinance regarding coal tar will be needed.
Bintner: Replied that an ordinance regarding FAH will be needed.
Albrecht: Added that staff plans to bring any needed ordinance to the Council in July.
Erickson: Asked if the number of ponds the City needs to maintain will increase as the City annexes areas
in the Spring Lake Township.
Albrecht: Replied there are some ponds in those areas and as the City develops, alternative solutions
besides ponds will be sought to minimize long term liability.
Myser: Clarified bid information and asked how end results compared to base bids in past experience.
Bintner: The bid is structured so each service'is based on a unit price. There may be opportunity to stop
testing based on results and save money if fewer tests are needed. Noted that last year's soil testing was
close to the assumptions made on the bid. Wetland delineation and surveying can be based on future
design and how much construction staking is needed. Explained that every wetland delineation has to be
approved by the technical evaluation panel and' if it had to go back to the panel a second time, it could add
cost.
Myser: Encouraged staff to continue pursuing money for cleaning up the two impaired bodies of water in
the City.
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MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 10-053 AUTHORIZING
WSB TO PROVIDE SURVEY, STAKING AND WETLAND DELINEATION SERVICES FOR THE 2011
MAINTENANCE AND RETROFIT PROJECT. ''
VOTE: Ayes by Myser, Erickson, Hedberg and Millar. The motion carried.
MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 10.054 AUTHORIZING
NTS TO PROVIDE SOIL TESTING SERVICES FOR THE 2011 WATER QUALITY MAINTENANCE AND
RETROFIT PROJECT.
VOTE: Ayes by Myser, Erickson, Hedberg and Millar. The motion carried.
Outlet Channel Erosion Issue
Boyles: Stated the Council could direct staff to seek alternatives for solutions.
Erickson: Stated that Isaacson expressed urgency about the time frame for a solution.
Hedberg: Affirmed that Isaacson's concern was that contractor and the landscapers would be completing
their work in the next two-to-three weeks, after which repair would be more expensive.
Albrecht: Explained there are several issues involved including that the City agreed to pay $5,000 -
$10,000 for repairs, and was presented a bill by the Watershed for $30,000. Commented that the ravine
right of way was taken by quiet title by adjoining residents and the drainage may not be a taxpayer issue to
resolve. The erosion issue is ongoing and believes the City Attorney should determine whether the City
has a legal responsibility to be involved. Suggested bringing a report back to the next Council meeting.
Millar: Commented that it seems the resident is left holding the bag.
Albrecht: Replied that the resident owns the property and it may be a naturally occurring event. The
liability may have been assumed by Isaacson when he took over the property. Much of the drainage is
from his driveway. Believes that whatever action is taken should provide proper protection for the City.
Millar: Commented that it seems that Isaacson had an agreement with the Watershed and they are now
backing out on the agreement.
Albrecht: Replied that staff has not seen the agreement so does not know if an agreement was made.
MOTION BY ERICKSON, SECONDED BY ERI,CKSON TO DIRECT STAFF TO RESEARCH AND BRING
A PROPOSAL TO THE COUNCIL FOR SOLUTION TO THE RAVINE/OUTLET CHANNEL EROSION
ISSUE.
VOTE: Ayes by Myser, Erickson, Hedberg and' Millar. The motion carried.
May 20 Deadline for Sewer Rate Calculation'
Albrecht: Commented that staff is in the process of compiling a new program for sewer rates and this
could be incorporated into that.
OTHER
Community Events
Hedberg: June 3 was the first of free, weekly Concerts in the Park.
Myser: Offered birthday greetings to Public Works Director Albrecht. Congratulated residents who
received awards in Bridge.
ADJOURNMENT
With no further comments from Council members, a motion to adjourn was made by Erickson and
seconded by Millar. With all in favor, the meeting adjourned at 9:32 p.m.
~ ~/,
Fra oyles, City Manager ' Charlotte Green, Adminis rative Asst.
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