12-13-89 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES CITY COUNCIL December 13, 1989 Agreement regarding this wall. The Engineer reported that he also inspected the wall with the Building Inspector. The Engineer reported that the situation was discussed with the City Attorney who indicated that he did not believe the City had the authority to require the developer to rebuild the wall or construct a new wall. Fahey asked if the Watershed District would have this authority. The City Engineer replied that the Watershed would be concerned about erosion into the lake. Fahey suggested that since this appears not to be a City problem, the property owners should address the matter with the Watershed or the developer. Jay McNabb, attorney representing the Round Lake Trail Homeowners Association, reported that he has supplied the City with documents which are contrary to the report given by the City Engineer. These documents indicated that the DNR and Watershed believe the problem to be the City's responsibility. McNabb reported that the wall is coming down and steps need to be taken to get it reinforced. There are also additional areas that need a retaining wall. McNabb stated that if the City does not accept reponsibility, the residents need to take some action. The residents are extremely concerned and the matter needs to be addressed. Fahey pointed out that the question is whether the Watershed and DNR are correct. The matter is not addressed in the Development Agreement that the City has with the developer. Fahey stated that he understands the concern, but was not willing to accept liability on the part of the City. Blesener suggested that the City Attorney contact the Watershed and DNR on the matter, as well as obtain the documents that Mr. McNabb has and review them. Fahey agreed, and stated that he will be guided by the opinion of the City Attorney, however. The City Attorney requested that Mr. McNabb provide his documents. Page 8