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MINUTES <br />CITY COUNCIL <br />OCTOBER 22, 2003 <br />Blesener noted that the proposal appears to be that the swale will work as <br />a small holding pond for the area. <br />Sprosty asked why a permit is necessary for construction of a sodded <br />swale. The City Administrator indicated that a filling and grading permit <br />is needed for projects involving over 100 yards of material. <br />Sprosty questioned why the City vacated the easement for the creek. The <br />City Administrator indicated that there was a vacation for a ponding area <br />on the Kerr property, but there was no vacation for the creek. Sprosty <br />questioned that, and City staff indicated that additional research will be <br />done regarding Mr. Sprosty's claims. <br />JeffHeilce indicated that he is curious about the location of the swale and <br />whether or not it will be on his property. Fahey noted that approval of a <br />filling and grading permit for the swale does not authorize construction on <br />someone else's property. The City Administrator suggested that Mr. <br />Heike discuss his questions and concerns with Mr. Sprosty, Mr. Heike's <br />father-in-law. <br />Schmidt again stated that he will not release the City from the case until <br />construction of the swale is completed. <br />The City Administrator pointed out that the City's release upon issuance <br />of the filling and grading permit is a part of the settlement discussions. It <br />was suggested that Mr. Schmidt discuss the matter with his attorney. <br />Mr. Fahey introduced the following resolution and moved its adoption: <br />RESOI. UTION NO. 200.3-IO-246 -APPROVING THE SETTLEMENT <br />AS PRESENTED AND RECOMMENDED I3Y CITY STAFF <br />APPROVING THE ISSUANCE OF A FILL & GRADE PERMIT FOR <br />627 KEI,LER PARKWAY/2718 EDCiERTON STREET <br />CONDITIONED ON THE CITY'b` DISMISSAL. FROM THE CASE AS <br />OUTLINED IN TILE PUBLIC WORKS DIRECTOR'S REPORT <br />DATED OCTOBER 16, 2003 <br />The foregoing resolution was duly seconded by Blesener. <br />Ayes (5) Fahey, Blesener, Anderson, Montour, LaValle. <br />Nays (0). Resolution declared. <br />WATVER OF Fire Chief Jim Morelan reported that the Little Canada Fire Department <br />10°/u TEE FOR conducted a benefit raffle for Joe Sacco, a member of St. John's <br />