Laserfiche WebLink
Resolution 7319 as currently drafted does not contain any language regarding <br />property owner notice to the City regarding optional improvements. The Council <br />should consider whether language to that effect should be included in the <br />Resolution. <br />Responsibility for Damage to Swale during Optional Improvements <br />In the course of preparing Resolution 7319, it further occurred to Staff that there <br />had been no discussion on responsibility for damage that could occur to the <br />infiltration swales during the installation of optional improvements by property <br />owners. <br />Perhaps this could be considered to be inferred in the language regarding the <br />responsibility of the property owner for the installation and costs of the optional <br />improvements, as stated in Part 3 of Resolution 7319. However, Council should <br />consider whether they wish to have this issue clarified in the Resolution. <br />Appeal Process <br />During discussion on the program for the infiltration features, the Streets and <br />Utilities Committee felt strongly that a property owner should have a process for <br />appealing the location of an infiltration swale. The Committee recognized the <br />need for the swales and the requirement to meet the rules of the Rice Creek <br />Watershed District. However, they felt that there should at least be a process for <br />a property owner to submit an appeal. They further felt that this issue would be <br />more appropriate handled at the City Council level rather than by the Committee. <br />During discussion at the City Council Work Session, there seemed to be general <br />agreement that there should be a process. However, there was discussion that <br />the process should be better defined. Therefore, this specific issue will be going <br />back to the Committee for further discussion at their August 19, 2008 meeting. <br />The issue will be brought back to the City Council at a future date. <br />Resolution 7319 as proposed contains no language regarding an appeal <br />process. However, adoption of Resolution 7319 at this time does not preclude <br />an appeal process from being developed and approved at a later date by a <br />separate resolution. Staff recommends, and it is believed that the Committee <br />and Council concur, that direction on the basic components of the program <br />needs to be given at this time to continue development of the 2009 – 2010 Street <br />and Utility Improvement Project on schedule.