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MINU`PES <br />CITY COUNCIL <br />J'ULY 28, 1993 <br />The City Administrator did not agree that all the <br />run-off was flowing onto the Osland property. The City <br />Administrator explained the background of the matter. <br />When the Rosewood Drive development was nearing <br />completion, the drainage work was not completed. The <br />contractor attempted to complete the work, but it was <br />not done in a satisfactory manner. The Administrator <br />pointed out that the Center Place shopping mall went <br />into receivership, therefore, the developer was no <br />longer in the picture. The City attempted to get the <br />bank to complete the project, and after much <br />discussion, the bank backed out of it. The City <br />Administrator reported that the City realized that it <br />would have to have this drainage work completed, and <br />excess TIF monies will be used to pay for the work. <br />The Superintendent of Public Works has obtained quotes <br />for the completion of the work, and will have the <br />project completed. <br />Osland reported that he has completed the sodding of <br />his property. Osland also indicated that the City <br />Administrator has told him on various occasions that <br />the drainage work would be completed. Osland reported <br />that the Administrator told him the City has the money <br />to complete the work. <br />The City Administrator reported that he did tell Mr. <br />Osland when the work would be done, but also kept him <br />updated on the matter and informed when situations <br />changed and the work would not be done. The <br />Administrator indicated that he never told Mr. Osland <br />that the City had the money in hand to complete the <br />project. <br />Hanson asked if the City had the financial obligation <br />to reimburse Mr. Osland. <br />The City Attorney replied that it appears that the <br />development may have had an affect on the Osland <br />property. However, public funds cannot be expended <br />without a public purpose, and the Attorney questioned <br />the public purpose in this matter. The Attorney <br />suggested that if Mr. Osland has a claim against the <br />City, it should be filed with the City's insurance <br />company and processed in the usual manner. <br />Scalze stated that she did not support the City's <br />reimbursement of Mr. Osland for photos and attorney's <br />fees, indicating that this is not what the City is <br />about. Scalze felt the drainage situation needed to be <br />remedied, and it appears that the City is addressing <br />this with payment for the work to come from excess TIF <br />monies. <br />Page 20 <br />