Minutes - Council - 05/27/1997 - Laserfiche WebLink

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since the septic system was in failure - the drainage problem is not due to the City's drainage and that, in the future, staff request an evaluation done before any further discussion takes place. City Attorney Goodrich stated that he disagrees with Mr. Jankowski in that he feels the $2,000 should still be an offer as this problem needs to be resolved. He suggested the Farbers then hold the City harmless. Scott Baumgartner, Attorney for the Farbers, stated that there is no ditch. He felt the City is responsible for the road run-off and the City should be responsible to maintain a ditch. He suggested there was additional run-off from the Smith home. He stated that $2,000 is a quarter of what moving the septic system will cost and he felt this is the City's responsibility. Lori Farber, 6508 - 171st Lane NW, Ramsey, stated that anything that goes through the system will take life out of the system. It does not matter if it comes out of the house or from rain or from run-off. Councilmember Haas Steffen guessed there is a peat problem and the septic system should have had a lift station, however, that's so expensive, so the septic system was put in the lowest area which is the least expensive way to go. She added, however, that Mrs. Farber has been in front of Council and staff for so long and if someone had said her system was in failure and it's not the City's problem, then so be it. But, she was not necessarily told that and Councilmember Haas Steffen felt the City held some liability because of that. Motion by Councilmember Haas Steffen and seconded by Councilmember Beyer to give Mrs. Farber money in the amount of $2,000, dig the ditch in the area, and get a hold harmless agreement from Mrs. Farber. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beyer, Beahen and Zimmerman. Voting No: None. Case #9: Llama Street Update City Attorney Goodrich stated that Council had tabled action on acquisition of the 39-foot wide parcel of land for the right-of-way to construct a segment of Llama Street lying south of Highway #10. This action was to allow for negotiations between the Alpaca Partnership and Joe Nathe, owner of the 39-foot strip of land. He met with the parties on April 30, and an offer was made by Alpaca Partnership which was rejected by Mr. Nathe. The City received notification from Shorewood RV's attorney threatening legal action against the City and the Alpaca Partnership if their access issue is not resolved immediately. Mr. Nathe has obtained an attorney, but Mr. Goodrich had not yet heard from them. Mr. Goodrich recommended proceeding with eminent domain and to continue to negotiate to have the parties reach an agreement themselves. Staff believes a safety issue as well as transportation planning issue does exist in the event Riverdale Drive dead ends at the Shorewood RV site as this will result in an approximately 2,289 foot cul-de-sac at the westerly end of Riverdale Drive. It should be noted that this area is not served by City water, and fire vehicles and other emergency vehicles would, of course, require City Council/May 27, 1997 Page 9 of 22