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Regular City Council Meeting <br /> Monday,April 23,2012 <br /> Page 6 <br /> At the request of Mayor Roe, City Manager Malinen briefly reviewed this item <br /> as detailed in the Request for Council Action dated April 23, 2012. <br /> Councilmember McGehee requested clarification for this item, as well as the <br /> next item, on whether the agreement ran with the land. Councilmember McGe- <br /> hee further questioned if agreements were in place between the City and citizens <br /> who were encouraged to develop rain gardens, especially if they were in City <br /> rights-of-way and whether they were aware of those stipulations. <br /> Public Works Director Duane Schwartz advised that, when such facilities were <br /> constructed, whether requested by a property owner or a joint venture between <br /> them and the City, and if on private property, a five (5) year agreement was one <br /> of the requirements. While such facilities are sometimes constructed on private <br /> property, Mr. Schwartz noted that both of these facilities were on public proper- <br /> ty. <br /> Councilmember McGehee expressed her concern with liability for the private <br /> property owner versus the City in perpetuity for maintenance; and questioned <br /> what happened at the end of the five (5) year agreement, since most required <br /> ongoing maintenance. <br /> Mr. Schwartz advised that the overall goal was to improve water quality; and <br /> noted that the City continued to oversee maintenance of such facilities; and he <br /> only foresaw a private property owner taking over maintenance responsibility if <br /> the City vacated the right-of-way. <br /> McGehee moved, Willmus seconded, approval of the Maintenance Agreement <br /> (Attachment A) for stormwater management facilities between Rice Creek Wa- <br /> tershed District and the City of Roseville for the 2012 Pavement Management <br /> Project. <br /> Roll Call <br /> Ayes: McGehee; Willmus; Pust; and Roe. <br /> Nays: None. <br /> h. Approve a Maintenance Agreement between the City of Roseville and the <br /> Rice Creek Watershed District for the 2007 Pavement Management Project <br /> (PMP) <br /> McGehee moved, Willmus seconded, approval of the Maintenance Agreement <br /> (Attachment A) for stormwater management facilities between Rice Creek Wa- <br /> tershed District and the City of Roseville for the 2007 Pavement Management <br /> Project. <br /> Roll Call <br /> Ayes: McGehee; Willmus; Pust; and Roe. <br /> Nays: None. <br />