Minutes - Public Works Committee - 04/20/1999

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property. The City has no easement for depositing water in this manner. He presented a map showing the water trail. The yard furniture floats. Mr. Jankowski recommended that staff contact that property owner to get his input on the scope of the problem and what he would like to see done. Councilmember Haas Steffen stated we need to deal with this issue soon - we need to tell the property owner he cannot run water onto someone else's property - why can't he run that into a county ditch. Mr. Jankowski agreed that where he is discharging the water is a problem but he wasn't sure running it into a county ditch was disposing of the water properly either. Councilmember Haas Steffen inquired if pumping water onto someone else's property is against City Code. Motion by Councilmember Haas Steffen and seconded by Councilmember Zimmerman to authorize staff, to figure out how to get easements to lie pipes to have this water run into the wetland. Further discussion: It was suggested that staff should maybe ask the City Attorney about legal ramifications of pumping water from their property to someone else's - what kind of recourse can the City have for the person who causes the problem - is it that they just have to quit - or do they have to pay some damages. Councilmember Zimmerman stated that if we have to expend funds on this issue, do we have a source. City Administrator Norman stated we would find a source. Motion carried. Voting Yes: Councilmembers Haas Steffen and Zimmerman. Voting No: None. Case #3: Request for Access to C.R. #116 City Engineer Jankowski stated that the City has received a request from Mrs. Milless through an attorney for clarification on the issue of obtaining access to C.R. #116 between C.R. #56 and C.R. #83. The County is the agency that issues the permit and they will do so if the City says they should but it will count as one of the access points. Councilmember Haas Steffen stated that Mrs. Milless is reasonable - we do not have to complicate things. It would be a temporary access until we are ready to put the Section 28 plan into place. She added that Mrs. Milless' father gave us things free. (Mr. Peltzer dedicated 9.1 acres of land for the right-of-way, which accommodates C.R. #116, apparently without compensation.) Motion by Councilmember Haas Steffen and seconded by Councilmember Zimmerman to put a temporary access to the Milless' outbuilding to C.R. #116 immediately but that the service road plan is given a great deal of thought to make sure that the temporary access not count as a personal access to #116 and direct the City Attorney to draw up an agreement to protect the City's interest in this and that the temporary access not exceed $3,500. Public Works Committee/April 20, 1999 Page 2 of 5