Agenda - Planning Commission - 07/11/2007

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agreement is very similar to the document for Ramsey TOVlrn Center 3rd Addition at the Coborn's site. The agreement includes the provision that Holiday will inspect the structure annually and clean it if the sediment depth exceeds 12 inches. Councilmember Olson asked if there is a billing process if the cleaning is not done by Holiday within the 12 months as required and it needs to be done by the City. Public Works Director Olson replied tins is not mentioned in the agreement because if Holiday does not do the maintenance requirements they will not be offered the 25% credit that is available for the storm water utility fee. He explained there is a provision included in the. stormwater utility fund which provides the ability to capture savings when there is a benefit to the City. Councilmember Dehen asked if the agreement should include a statement to allow inspection upon demand by the City. Public Works Director Olson explained the complete construction of this structure is in the public drainage and utility easement. The City has the right for access without pennission. Councilmember Look questioned if the agreement should include language regarding withholding the 25% stonnwater utility fee credit. Public Works Director Olson indicated there is not language regarding the credit included in this agreement; it is allowed under City ordinance. City Attorney Goodrich indicated the stormwater utility ordinance could be referenced in this agreement. Motion by Councilmember Elvig, seconded by Councilmember Olson, to approve the pond maintenance agreement with Holiday Station Stores with the addition of a reference to the stonnwater utility ordinance in relation to the 25% stormwater utility fee credit. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Olson, Dehen, Jeffrey, Look, and Strommen. Voting No: None. Case #8: Consider Approval of Acquisition of Easements for the NW Trunk Sanitary Sewer Extension Public Works Director Olson indicated this case is regarding the 43rd property to be acquired along the Northwest Trunk Sanitary Sewer Extension project. Mr. Olson stated utility and trail easements were obtained from Duane and Mary St. Hilaire for construction of tile sewer and trail. The drainage and utility easement and trail easement descriptions previously acquired left gaps between the easements. The trail was inadvertently constructed closeto the edge ofthe trail easement. The property owner contacted staff regarding ATV's trespassing on his property, and wanted to place a fence along Ins property. Staff did not want the fence to be installed on the easement, which resulted in the need for additional easement so tIlat the oVlrner can construct a City Council / June 12, 2007 Page 20 of 29 P76