Agenda Packets - 1989/06/05 - Laserfiche WebLink

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t, > MEMO TO: MAYOR AND CI'PY COON FROM: CLERK-ADMINISTRAT DATE: MAY 31, 1989 SUBJECT: STANLEY FISHER ADDITION, WETLAND CONTROL STRUCTURE As you may recall, the City has over the past few years, been attempting to have the storm water control structure with wier and skimmer installed on the Stanley Fisher Addition as is required by Development Agreement No. 86-77. In 1988 staff appeared in Anoka County Conciliation Court in an effort to obtain award in the amount of $2,000 for installation of this structure. At that time the Judge deemed that the City was not damaged as we had not incurred any expense. The Judge further advised that should the City install the structure we would be able to return to Court and obtain those damages for payment at that time. The City recently received correspondence from Mr. Robert Lowell Smith, an attorney for the administrator of the Stanley Fisher estate, Marcella Rybak, proposing an agreement between Ms. P.ybak and the City to terminate the construction escrow. A copy of Mr. Smith's original letter and proposed agreement is attached. Upon receipt of the agreement, I reviewed it with City Attorney ® Karney who advised me that he found it to be totally acceptable in that it would ultimately allow for the City to receive the funds necessary to construct the control structure as well as receiving the $1,000 security deposit for maintenance of the ponding area and control structure. In discussing the amount proposed by Mr. Smith, I indicated to City Attorney Karney that our engineering estimate in .1.988 for the construction of this structure was $2,000 and that Mr. Smith had proposed an escrow in the amount of $1500. Mr. Karney suggested that I correspond with Mr. Smith requesting that the escrow amount be increased to $2,000 with an understanding that should the structure be built for less than that amount, the difference be refunded to the estate. Attached is a copy of my letter of. May 22, 1988 communicating that request to Mr. Smith. On May 24, 1989 Mr. Smith responded by agreeing to these changes. Staff is bringing this item to the City Council at this time for your review with a recommendation that the 1. ;r be authorized to enter into this agreement. Hopefully, this will finally resolve the issues revolving around the Stanley Fisher Addition, namely the construction of a control structure and the maintenance and operation of the structure and ponding areas. Your direction in this matter would be appreciated. DFP/MJS Attachments: