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City of Centerville <br />July 14, 2004 <br />Council Meeting Minutes <br />Council Member Broussard Vickers asked Staff to confirm whether or not it is flowing as <br />it was designed to flow. <br /> <br />Mr. Nohner pointed out the memo from Mr. Peterson stating that the flow over the <br />sidewalk was not acceptable. <br /> <br />Mr. Peterson commented that Mr. Nohner was misconstruing the information contained <br />in the memo. <br /> <br />City Attorney Hoeft indicated that any representation in the letter would not be legally <br />binding upon the City or the developer. He then said that there is confusion as to what <br />exactly was being referred to in the memo and what needs to be determined is whether <br />the system is performing as it was designed to perform. <br /> <br />Mr. Nohner said he has an issue with the way the City is using his tax dollars. <br /> <br />Ms. Marilyn Newman asked who has the liability if someone were to fall on the ice that <br />will form on the sidewalk where the water flows over it. <br /> <br />City Attorney Hoeft indicated that the adjacent property owner would be responsible for <br />maintaining the sidewalk and the property owner would be liable. <br /> <br />Ms. Newman commented that the City designed and allowed to be built a drainage <br />system that creates a hazard and she has the liability for the hazard. She then left the <br />meeting. <br /> <br />Mr. Nohner asked Council to determine whether the drainage is as it was planned to be <br />and, if it is not, exercise its right under the developer’s agreement to have it corrected at <br />the expense of the developer. <br /> <br />Council Member Capra indicated there was another property owner that was concerned <br />about the mud and water and lack of silt fencing causing the hazard on the sidewalk and <br />there was a meeting with Swift Homes and they said that the ditch would be cut in and <br />the trees would be gone and the swale would be deeper. She then said that if it was not <br />done as it was supposed to be done she would like it corrected. She further commented <br />she would like to look into how much the drain would cost and work something out with <br />the developer. <br /> <br />Mr. Peterson indicated that he and Mr. Palzer discussed a drain or drain tile out to the <br />current drain tile in the street to run the water to the catch basin and that would be <br />relatively inexpensive to collect the majority of the water before it goes across the <br />sidewalk. He then said that there would still be some water going across the sidewalk. <br /> <br />Council Member Broussard Vickers commented that this could be a hazard and, the City <br />cannot solve all drainage problems within the City but resolving this potential hazard <br />should not set a precedent if the City agrees to pay for the fix. <br />Page 5 of 13 <br /> <br />