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<br />Mr. Richard Thompson indicated he had called the DNR and was told that the City <br />should have an ordinance and so he asked Staff and the ordinance for wetlands indicates <br />there should be a 75-foot buffer. <br /> <br />City Attorney Hoeft indicated the garden issue is not an issue for the City but a civil <br />matter. The code issue Council does not get into and will let the CSO do the job and if <br />there is a violation they will issue a citation and he will take it to court. He then <br />addressed the issue of mowing by the pond by saying that the. first thing to do would be to <br />find out w;ho owns the property. He further indicated that the City should have a right of <br />way easement for a certain number of feet which would mean that that the fee owner <br />needs to maintain that property in compliance with the ordinance but if someone wants to <br />volunteer to cut it then something could be worked out. <br /> <br />City Attorney Hoeft indicated he would like to figure out if there is right of way and then <br />figure out how to maintain it and beyond the right of way if it if protected would govern <br />how it is dealt with. <br /> <br />Mr. Thompson asked whether they could cut the right of way without getting in trouble <br />with the DNR. <br /> <br />City Attorney Hoeft indicated that the natural buffer does not apply to the right of way. <br />He then said he would not want anyone to cut the area between the right of way and the <br />pond but the City can maintain and assess the property owner if they do not cut that right <br />of way area <br /> <br />Council asked Staff to look into who owns and installed the no dumping signs. <br /> <br />Council Member Capra asked Staff to forward mediation information to the property <br />owners for future reference <br /> <br />5. Xcel EnergylLift Station <br /> <br />Council Member Capra indicated that since the lift station went out in June and caused <br />the flooding there has been another outage. She then indicated that she did some research <br />and there are trees hanging in the power lines on Mill Road and whenever there is a wind <br />that blows it clicks the circuit breaker which makes the lift station go down. Staff has <br />been called out and Xcel has been called but they have said it is a low priority line but <br />she feels with the lift station going out it becomes a health and safety issue. <br /> <br />Ms. Steffen indicated that Xcel has said they are coming out next week to cut the <br />branches down. <br /> <br />Council Member Capra asked whether Council would like to approve a not to exceed <br />amount for the generator to power the lift stations since Council does not meet for three <br />weeks. <br /> <br />Page 21 of24 <br />