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look at the bigger picture and address each resident fairly if they have failing <br />septic. <br />C. Surface Drainage Corrections — Heritage Farm <br />City Planner Dillerud provided a memo advising the Council of individual <br />homeowners and the HOA of problems relating to storm drainage asking <br />staff and the consulting engineer to do the work. <br />Council member Dunn stated the City should have a routine to keep the <br />pond as intended. Dunn had contacted Tim Freeman, who will contact the <br />City and Tom Prew, to check out if he had done something that needs to be <br />fixed which would be at his cost. Council member Armstrong felt the city <br />should not pay for this, that it should be the responsibility of the developer <br />or the HOA. Council member DeLapp agreed with Council member <br />Armstrong that the engineer is liable and the City should not pay for their <br />mistakes. Council member Siedow felt the City should go ahead and fix the <br />problem and then recover costs from the developer or engineer. <br />Attorney Filla indicated the City could not recover the costs unless costs <br />have been substantiated. There is no drainage easement so how is that water <br />being channeled under 30t' Street. The City might be spending more to <br />recover than doing the work itself. <br />Mike Anderson, affected property owner, stated the builder did nothing with <br />the backyard. Before he put in the sod, swing sets, and sprinkler, he came <br />into the City asking what he could do for a berm, etc. Council member <br />DeLapp asked how could have staff told the property owner that the land <br />was at grade and couldn't bring in dirt. <br />M/S/P Siedow/Dunn — to proceed ahead with the surface drainage <br />corrections as stated in the City Planner's memo of November 6 with money <br />taken out of the Storm Water Reserve Funds. (Motion passed 4- <br />1:Armstrong: the slope is too steep and there are too many houses). <br />M/S/P DeLapp/Siedow - to have staff to try to investigate to recover the <br />costs for the surface drainage corrections. (Motion passed 5-0.) <br />LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 2001 5 <br />