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Councilmember Hardin, to Attorney Goodrich, stated that Mr. Hendriksen's attorney has <br />laid out the, theory of negligence. <br /> <br />Mr. Goodrich replied that he does not have facts that would indicate the City is liable. <br />Once the City undertakes a project, then it is liable. It does not appear that the City has <br />undertaken a project or that it is dumping water. With the exception of Option #4, the City <br />will not resolve all concerns; the intent was to resolve only a part of it. <br /> <br />Mayor Gilbertson inquired if there is any money available to do this project. <br /> <br />Councilmember Peterson stated that Council originally considered assessing the whole <br />watershed area. <br /> <br />Mr. Jankowski stated that originally it would be assessed to the drainage district. The <br />alternative would be the general tax levy or 429 procedure where the benefitted properties <br />are assessed. <br /> <br />Councilmember Hardin inquired if the WMO has looked at this issue. <br /> <br />Mr. Jankowski replied no, but that it would be reviewed by them and also by the DNR. <br /> <br />Mr. SchrOeder inquired if the City should consider going beyond Culvert #4, north of <br />157th Avenue N.W. <br /> <br />Mr. Hendriksen advised "bear in mind there is a project directed by Council and it was <br />subsequently abandoned. That was one of the most significant items to my attorney". <br /> <br />Councilrnember Peterson inquired of Mr. Lewis and Mr. Swanson to what degree they <br />would be willing to participate in pay for this ditch. <br /> <br />Mr. Swanson stated that if the City dug the ditch as stated in that letter and we had as much <br />rain as we have had, Mr. Hendriksen would be in asking for you to do something more. <br /> <br />Leonard Lewis inquired if Mr. Jankowski had been over to Mr. Hendriksen's to see that <br />his problem is and inquired if it's because Mr. Hendriksen built on lowland. <br /> <br />Mr. Jankowski replied that the lowness contributes to the problem. <br /> <br />Mr. Lewis suggested that jacking up the barn would solve the problem but that the ditching <br />will not make a difference. He stated that if the City is coming through his property, then <br />Mr. Hendriksen has to change his barn too. <br /> <br />Mr. Hendriksen stated that looking at the property before 156th was constructed, there is a <br />field road through the wetland and farmers do not put field roads through wetlands. The <br />wetland is not obvious until 156th has gone through. He stated he is not trying to destroy <br />his neighbors property, but that the drainage was a real problem to him. He stated he is <br />having water dumped on his property. Maybe it would be seen differently if someone is <br />being sued for the water backup they are causing. He stated he wanted this problem <br />resolved without having to file a lawsuit. He then suggested that Mr. Schroeder is taunting <br />him to file suit against the City. <br /> <br />An argument ensued between Mr. Hendriksen and Mr. Swanson. Mr. Swanson stated that <br />the water is running in and running out and that he has not caused the problem. <br /> <br />City Council/August 9, 1994 <br /> Page 8 of 20 <br /> <br /> <br />