11-22-2003 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 22, 2003 FILL PERMIT The City Administrator reported that a settlement agreement was proposed 627 KELLER relative to the Schmidt/I{err/Sprosty properties which involves the PARKWAY estab]ishment of a pond/swale. This settlement agreement involves the City's issuance of a fill permit for the pond in exchange for the release of the City from the case. The Administrator noted that once the City issues the fill permit, it is up to the property owners to construct and maintain the pond. Upon issuance of the fill permit, the City has completed its task; therefore, the City should be released at that time. Fahey noted that the recommendation is for dismissal with prejudice. The City Administrator indicated that the League of Minnesota Cities, who is defending the City in this case, is comfortable with a dismissal with prejudice. IIe noted that the City did not design nor is it constructing the pond, so any issues with the adequacy of the pond would not bear upon the City. The City Attorney indicated that a dismissal without prejudice would be better, however, the dismissal with prejudice is the next best thing as it will get the City out of the litigation. lack Schmidt indicated that the pond must be constructed first before he will agree to the City being dismissed from the case. The City Administrator indicated that that is not staff's recommendation. The City's ob]igation is to issue a permit so that the pond can be constructed. Once the permit is issued, the City should be dismissed from the case. Paul Sprosty indicated that he has owned the property in question for 20 years and originally filled the property. Sprosty indicated that the property had always drained properly until the Kerr house was constructed. As a result of the filling of the Kerr property and construction of this home, Jack Schmidt lost the town and artifacts he had on his property. Sprosty pointed out that the elevation of Schmidt's property is very close to the level of the lake. Therefore, the pond that is constructed cannot be very deep. Ground water is hit by digging down two to three feet. Sprosty indicated that the plan is to construct a swale at a level just above the ground water level. The swale will be sodded. Fahey stated that the City is agreeable to issuing a fill and grade permit for the swale. However, in issuing the permit, the City is not making any representation that the proposed swale is the solution.