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March 14,2001 Council Meeting Minutes shut down. He also noted that if residents want more lighting in the development, it is an issue to be resolved with the City and Xcel Energy. Mayor Swedberg asked Mr. March if residents could request more streetlights from the City. Mr. March explained street lighting could be assessed to those who receive the benefit. Ms. Tracy Hallstrom asked the Developer if Swift would be the builder and, if so, if the structures would be the same as the existing structures. The Developer stated Swift would be the builder and the structures would be the same. Council took a five-minute break at 7:50 p.m. 2. Kellv's Komer Drainage Mr. Bill Bisek (7098 Centerville Road) explained to Council there is a drainage issue in the downtown area that is negatively impacting his business. He further explained the issue dated back to sometime in the 1940's or 1950's. He would like Council to step in and resolve the issue. Council Member Capra questioned whether the drainage issue was a public or private drainage issue. She then asked where the storm water from the downtown area flows. Mr. Palzer explained the storm water from the downtown area flows into lines that flow into the lake. He further explained that none of that water is being treated and commented there may be a need for a retention pond. Mr. Bisek explained the drain installed on the property next to his is not working properly right now. He would like to have it looked at to see if it is plugged, crushed or broken. Then, possibly set up an alternative plan to pump the water out to Main Street so it is not causing problems for the businesses in the area. Mr. Palzer stated it is possible that the line is frozen which is why it is not draining. Mr. Bisek stated he feels there is City water that flows in to contribute to the problem. Because of this, he feels the City should help him with the issue. He further stated he is willing to sign an agreement to authorize the City to fix the drain if need be. Mayor Swedberg told Mr. Bisek that Staff would look into the issue and get back to him. City Attorney Hoeft mentioned he had spoken to Mr. Palzer and Mr. March who had given him information that indicated a private drainage line put in a number of years ago. This line illegally tapped into the City sewer is causing the problem. He then stated he did not feel it was advisable for the City to take over the maintenance of that drain without receiving easements over the various properties involved. He stated if there is water coming from a larger area, there might be a need to put in a properly sized pipe and make sure the engineering is correct to ensure proper drainage. He further stated there might be a need for an area wide assessment to the benefiting properties rather than just the two property owners currently having the issue, in order to fund the improvement to the drainage. Page 7 of15