Agenda - Council - 08/14/2007 - Laserfiche WebLink

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The Committee and staff reviewed the proposed policy regarding lined pond maintenance. The following was discussed in relation to the policy: ■ Requirement for a surety in the amount of 125 % of the estimated cost to be held until the last riparian property is constructed; any problem following this would be considered as a public improvement project following the procedure outlined in City Code which requires a feasibility study ■ Possibility of property owner concern that the City's method for fixing the problem is too expensive. o It was noted that the policy informs the residents that the City will offer the service of correcting the problem but it will be billed to the adjacent property owners; the repair would be done to the adjacent property owners' satisfaction ■ The policy should include a resolution that would be attached to the property deeds to flag the potential cost at the time of sale o There was discussion of whether the resolution should be retroactive to include properties that currently exist adjacent to lined ponds. It was determined that the resolution should not be retroactive; it should include new properties moving forward. Notification letters of the new policy should be sent to all affected property owners. Knowledge of the policy will require notification from existing property owners at the point of sale due to disclosure requirements Motion by Chairperson Elvig, seconded by Councilmember Olson, to recommend to City Council that the Policy on the Construction ion letter of the new y to properts be owners ne ponds and that the City send a notifica t adjacent to existing lined ponds. Further discussion: Councilmember Dehen stated he agrees with the motion, but would like to know legally what effect a letter of notification would have on property owners. Chairperson Elvig replied the letter notifies the residents of the policy and is an attempt to get the information out to them. Public Works Director. Olson pointed out he does not believe the City has ever taken the position that pond liners are the responsibility of the City. This policy clarifies what the City's responsibility will be in the event that a pond goes dry. He expressed concern that the result of a notification will upset residents while there is nothing that needs to be fixed at this time. Chairperson Elvig stated making people aware there is a policy in place is good communication and the notification letter would be proactive. The City Attorney can provide a legal opinion when the policy is considered by the City Council. Councilmember Olson inquired about the age of the oldest pond liner in the City. City Engineer Jankowski replied Juniper Ridge is the oldest and was built in about 1992. It is a clay material, not a synthetic liner; he would not expect it to fail unless someone were to dig around in it. Motion carried. Voting Yes: Chairperson Elvig, Councilmembers Olson and Dehen. Voting No: None. Case #5: Consider Adopting Ordinance Requiring Dedication of the Vision Triangle in City Right -of -Way Public Works Committee / June 19, 2007 —262— Page 8 of 12