Minutes - Council Work Session - 03/21/2006

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The consensus of the Council was to direct staff to determine what types of classes are currently offered through the community school in order to determine whether there are holes to be filled through a possible partnership between the City and the community school. Councilmember Elvig expressed concern that there does not seem to be a line drawn on where the City supports community education programs and in other cases charges fees for the use of parks or services. He noted at some point this may become an issue where there is an overlapping. An inventory of what the City offers and how it works with different groups may be beneficial. MAYOR, COUNCIL AND STAFF INPUT Northwest Sewer Extension Project Update Public Works Director Olson provided the Council with an update on the Northwest Sewer Extension Project. The update included information regarding the acquired easements. Mr. Olson reported one property owner, Mr. Dvoracek, indicated he was not willing to grant the City easement rights. This access is needed in order to clean out the ditch and accomplish the maintenance of the ditch. Staff obtained an interpretation of the statute terminology, and a prominent ditch attorney was consulted, who agreed the City had gone above and beyond the call of duty by offering to pay for the ditch easements. There were seven total property owners that originally did not want to grant easement rights to the City; three of these property owners were given the statute language tonight. Mr. Olson reported properties have been staked in the northwest area. The maintenance work will remain as close to the ditch as possible without disturbing vegetation. He indicated there was an issue at the Dvoracek property where the contractor did not heed the stakes, and went beyond that line by another 30 feet. This situation has been discussed with Police Chief Way. There was another incident with the water main along the northwest part of Elmcrest Park where the contractor took a tree out on private property. Mr. Olson advised there will likely be criminal trespassing and damage complaints pursued is if this contractor does not begin to heed the staked lines on these properties. He reported the project is progressing well and staff continues to contact property owners. The offer is still on the table that the City will purchase these easements whether the project is finished, in the middle of being done, or not yet started. Councilmember Pearson questioned what kind of a penalty can be put on the contractor. Public Works Director Olson replied normally the City retains 5% of the contractor's fee as a guarantee of final completion. There is a new state law that allows contractors to request an alternative form of security, and the City Attorney has advised that the City does not have the option to withhold that fee. The City does have the ability to withhold payment or inform the contractor the next payment will not be processed until this issue is resolved, or they could potentially take funds from the escrow the contractor has identified to take care of issues like this. Mr. Dvoracek's concern is that he could not see Highway 47 before all of these trees were removed, and now it is a clear shot to Highway 47. Mr. Olson indicated he discussed with the contractor today that Mr. Dvoracek should be given some pine trees or a buffer zone. However, he wants to be careful that the trees are only granted due to the contractor going beyond the City Council Work Session / March 21, 2006 Page 4 of 7