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<br />City of Centerville <br />August 28, 2002 <br />Council Meeting Minutes <br /> <br />Council Member Broussard Vickers asked whether the City had a responsibility to the <br />residents to make sure the grading was done properly or if it was a civil issue. <br /> <br />City Attorney Hoeft indicated the problem is a civil issue for the property owners. <br /> <br />Council Member Broussard Vickers indicated the City could provide assistance to the <br />property owners to provide them with the approved plans but they would need to <br />determine whether it was done improperly and proceed against the developer, if <br />necessary. She then said that the City can determine whether there are things located in <br />the drainage easement and, if so, have them removed. <br /> <br />Mr. Pangell said he did not understand how it was not permissible for a property owner to <br />put the railroad ties in the drainage easement but the City does not have to help them with <br />a developer who allowed soil to erode and fill in the drainage way. <br /> <br />City Attorney Hoeft clarified that the City, in providing inspection or approval services, <br />in no way makes any representations that the final product will match what is on the plan. <br /> <br />Mayor Swedberg asked if there would be an issue if the neighbors got together and dug <br />out the drainage easement. <br /> <br />City Attorney Hoeft indicated he would not recommend doing so because any issues <br />caused by the actions of the property owners would open them up to financial liability. <br />He then said that alleviating their water issue may cause a water issue for someone else <br />that they would be responsible for. <br /> <br />Mayor Swedberg asked if each person could dig on their own property. Mr. Peterson <br />indicated he did not see how the area could be dug out any more than it is. <br /> <br />Mr. Pangell indicated the drainage area is too high because he has standing water. He <br />then asked what he could do when someone else raises their grade higher. <br /> <br />Council Member Broussard Vickers indicated that no one could change the grade to <br />impede flow. <br /> <br />Council Member Capra indicated she would like to see whether the drainage easements <br />are filling in or have filled in onto the drainage easement to abrupt the flow. Mr. <br />Peterson indicated he would need a survey to determine that. <br /> <br />Council Member Broussard Vickers questioned whether the developers agreement states <br />that the developer is required to prevent the erosion of soil into a drainage easement. <br /> <br />City Attorney Hoeft indicated that from what he has heard from the engineer we are not <br />sure if there is a problem there. He then said he appreciates the comments of the property <br /> <br />Page 12 of 18 <br />