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CCP 12-10-1990
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CCP 12-10-1990
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<br /> . - .. <br /> MINUl'ES OF THE ARDEN HILIS CITY OJUNCIL IDRKSESSION/BUIX;Er HEARING <br /> MONDAY, NO~ 19, 1990, 4:30 P.M. - CITY HALL <br /> CALL 'ID ORDER Pursuant to due call and notice thereof, Mayor Sather <br /> . callerl the meeting to order at 4:30 p.m. <br /> ROLL CALL The roll being callerl the following members were present: <br /> Mayor Thomas Sather, eouncilInembers Nancy Hansen, Paul <br /> Malone, JaAnn Growe and Thomas Mahowald. Also present: Attorney Jen:y Filla, <br /> Engineer Terry Maurer, Park Director Jo1m Buckley', Public Works Superintendent <br /> Dan Winkel, Clerk Administrator Gal:y Berger and Deputy Clerk Catherine Iago. <br /> DISCUSSION; Engineer Maurer reviewerl the report preparerl by Braun <br /> KEITHSON POND Engineering Testing, dated November 2, 1990, relative <br /> to soil permeability and his letter dated 11-8-90, <br /> recommending a temporro:y drainage easement be constructerl, from the Keithson Pond <br /> to basin A-7a, until such t:i1ne as a permanent drainage easement is obtainerl. <br /> Engineer Maurer reconunenderl installation of a small pipe, to divert the water to <br /> a southerly ponding area, as a temporary measure to co=ect the drainage problems <br /> at the Keithson pond. He estimated the cost of the pipe installation at <br /> approximately $7,500.00; advised this cost estimate does not include the <br /> construction of a weir or obtaining the temporro:y easement from the property <br /> owner . <br /> Attorney Filla reviewerl recent discussions with the adjacent property owner and <br /> explained that it appears the property owner is unwilling to grant a permanent <br /> easement. Filla stated an option would be to pursue condemnation and explainerl <br /> the pr=ess. He estimated the costs for proceeding with condemnation at <br /> . approximately $6,000.00, which does not include the fee for an appraisal of the <br /> easement area. <br /> Filla reviewed several options for recovering the fees for installation of the <br /> temporro:y easement and the condemnation process; special assessment to benefitted <br /> property owners, developer payment or cost sharing between the developer and the <br /> city. <br /> There was discussion relative to the proposed installation of the temporro:y <br /> easement, negotiating to obtain a permment easement to construct an outlet for <br /> the ponding area and t:i1ne-frame f= accomplishing condemnation proceedings. <br /> CouncilInember Hansen left the meeting at 4:55 p.m. <br /> Council and staff discussed the short and long term benefits of constructing the <br /> pond as originally designed within the easement, with the property owners in <br /> attendance . <br /> Mahowald moved, seconded by GrCMe, that staff be directed <br /> as follows: 1. The Attorney and Clerk Administrator proceed with negotiations to <br /> obtain a permanent easement for an outlet f= the Keithson Pond; 2. The Attorney <br /> prepare an appropriate resolution, which outlines and defines the terms of public <br /> purpose and is necessary to begin the condemnation pr=ess, in the event staff is <br /> unable to a=nplish negotiation of the easement; 3. The Engineer prepare a firm <br /> definition and survey of the land area necessary to provide a temporro:y easement; <br /> . and, 4. The Clerk Administrator be authorizerl to hire an appraiser and obtain an <br /> appraisal of the land necessary for the tenporro:y easement and its value on a <br /> temporro:y basis. <br /> Motion =ierl unanllnously. (4-0) <br />
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