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ARDEN HILLS CITY COUNCIL—October 26, 2009 7 <br /> B. Keithson Drive Erosion <br /> City Administrator Moorse stated there is currently an erosion issue on the <br /> property owned by Mr. Ron Nelson, adjacent to a City trail. The Council has <br /> directed that the erosion issue be resolved by the construction of a retaining wall on <br /> Mr. Nelson's property to control and redirect the surface water away from Mr. <br /> Nelson's property. This solution would be funded by the City. This retaining wall <br /> could be designed, constructed, and funded by the City, or it could be designed and <br /> constructed by a contractor hired by Mr. Nelson, and funded by the City. If the <br /> Council is open to the option of the retaining wall being designed and constructed <br /> by a contractor hired by Mr. Nelson, it would provide the flexibility to bring this <br /> issue to a conclusion more quickly while releasing the City from further liability. <br /> The City would still have some involvement with the project, in terms of reviewing <br /> the final design and monitoring the construction to ensure the surface water is <br /> adequately managed. If this alternative is acceptable to the Council, Staff could <br /> work with the City Attorney and Mr. Nelson to develop a settlement and release <br /> agreement that could be approved by the Council at the November 9 Council <br /> meeting. <br /> Councilmember McClung clarified that there was the potential for the City to be <br /> removed from the engineering and building of the retaining wall and allow Mr. <br /> Nelson to work with his contractor. He asked if this would release the City from <br /> further liability and if the City would be able to sign off of on the solution to ensure <br /> that it meets the needs of the City for surface water runoff. <br /> City Administrator Moorse clarified that the City would have the ability to sign <br /> off on the final design to ensure that surface water is adequately managed. <br /> Councilmember Holden asked if the City's insurance would cover the cost of the - <br /> retaining wall. <br /> City Administrator Moorse stated that it would only cover part of the damage but <br /> not the construction of the retaining wall. <br /> Councilmember Grant asked for clarification on what the Mayor was expecting <br /> from the Council at this time. <br /> Mayor Harpstead stated that Staff was looking for a consensus from the Council <br /> regarding direction. <br />