03-22-94 Council Special Minutes

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MINUTES CITY COUNCIL MARCH 22, 1994 The Engineer pointed out that the ditch is under the control of the Watershed, and not something that can be addressed with this project. Staff is aware of the concerns with the ditch and is working with the Watershed to address those concerns. The Engineer stated that water ponding is contributing to the deterioration of the street, and the street must be made to drain. The Administrator reported that the timing of the Watershed project is unknown at this point, but the culverts on the streets must be addressed now. Guy Stromquist asked if it were possible to collect anything from the developer due to the faulty installation of the street. The Administrator did not believe that was likely, and suggested that the City Attorney would have to comment on that issue. The Administrator reported that there have been a few similar situations in the City, and it is very difficult to go back against a developer 10 or 15 years later on such an issue. Hanson pointed out that the policy provides for a credit for unexpired life of a street which would result in a reduced assessment to the benefited properties. Hanson stated that the portion of the improvement not assessed would be paid for by the general taxpayers of the City. Morelan pointed out that technology has changed in the last 10 years. However, it would still be reasonable to expect a street to last longer than 10 years. Riohard Potter, 830 Windrow Drive, pointed out that the developer still has lots for sale in the area. The Administrator indicated that there have been some other legal actions on those lots, such as foreclosure. Potter pointed out that the lots are still for sale by the developer. The Administrator suggested that the City Attorney address the issue. 5