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City Council Study Session Meeting Minutes <br /> • April 10, 2001 <br /> Page 10 <br /> 1 Councilmember Sparks stated she assumed it was an oversight and that there was a proactive <br /> 2 component. She stated she supports being proactive and having an intent of looking for <br /> 3 violations. <br /> 4 Councilmember Horst asked if that is feasible. <br /> 5 Fire Chief Hewitt stated they talked about how to resolve issues and find a fair and consistent <br /> 6 way to apply the Code and resolve the violation. He stated they do not want to give preferential <br /> 7 treatment. He stated he talked with Roseville staff about how they resolve complaints and this <br /> 8 policy is a derivative of that. Fire Chief Hewitt suggested a discussion of this policy and if the <br /> 9 Council prefers a more proactive approach that goes beyond what they feel they can handle, the <br /> 10 Council can decide what to do. <br /> 11 Mayor Cavanaugh suggested the Council address the level of proactivity to strike a balance. He <br /> 12 noted that with this form, there is a sense of how to get into the system. He stated he would like <br /> 13 it to operate for the rest of the year and see what the response is. Mayor Cavanaugh stated he <br /> 14 would like staff to draft this into policy form for Council action at the next meeting. <br /> Fire Chief Hewitt stated if a violation is reported, they would work with the property owner to <br /> try to gain compliance. If that is not possible, ordinance enforcement would kick in. He asked <br /> 17 what the procedure would be if the violator ignored the citation. <br /> 18 City Manager Mornson stated it would be turned over to the prosecuting attorney and brought <br /> 19 into court. <br /> 20 City Attorney Gilligan reviewed the criminal procedure, noting the difficulty involved in a court <br /> 21 process since this type of case is not a high priority in the minds of some judges. <br /> 22 D. Storm Water Retention Area Maintenance Agreement. <br /> 23 City Manager Mornson stated Engineer Todd Hubmer presented this language previously and <br /> 24 City Attorney Gilligan prepared a legal document to protect the City. He stated negotiations <br /> 25 continue and the condemnation hearing is scheduled shortly. He stated if the Council agrees with <br /> 26 this, the same opportunity would be offered to the other five that have currently not signed. <br /> 27 City Attorney Gilligan stated it anticipates a maintenance schedule and other standards. <br /> 28 Councilmember Horst stated it appears to be quite open ended. Mornson stated the latest <br /> 29 agreement is that a contract with a landscape contractor will assure the grass and landscaping is <br /> 30 maintained for a period of three years and then the homeowner takes over that responsibility. He <br /> 31 noted this agreement addresses other maintenance issues with the pond. <br /> City Attorney Gilligan stated this agreement does not require the City to do anything more than <br /> 33 they intend to do. <br />