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<br />.1 <br /> <br />I <br /> <br />I <br /> <br />Page 2 <br />Council Meeting Minutes - August 14,2001 <br /> <br />Public Hearing - PLOt-OS. Minor Subdivision. 672 - 4lh Avenue <br /> <br />Request for a minor subdivision by Norman Jensen to split the property into two residential <br />lots both to be 40 feet wide. The following persons spoke at the public hearing: <br /> <br />Ore Case, 654 4th Ave., is greatly concerned that the survey determined the line lot into his <br />existing driveway. City Attorney Charlie LeFevere explained that assuming the survey is <br />correct, Mr. Case has acquired an interest in this property by adverse possession. This is a <br />court action and the title would need to be corrected, and an easement could be acquired <br />through adverse possession. However, this determination could greatly impact the ability to <br />grant the minor subdivision. The involved parties were advised to seek legal advice. <br /> <br />Motion by Moore-Sykes, seconded by Samuelson, to CLOSE THE HEARING. <br /> <br />4 Ayes - 0 Nays, Motion Carried. <br /> <br />Motion by Moore.Sykes, seconded by Samuelson, to CONTINUE PLOt-05 TO A <br />FUTURE COUNCIL MEETING. <br /> <br />4 Ayes. 0 Nays, Motion Carried. <br /> <br />Council Business <br /> <br />The Innsbruck Estates Homeowners Association is requesting the City to correct a backyard <br />drainage problem south of Linden Drive by replacing existing concrete water chutes with <br />catch basins and storm sewer. The existing swale is in conformance with the grading and <br />drainage plan which included a long narrow pond at the east end of the swale. However, <br />this was removed to make the end townhomes lots more saleable. The pond elimination <br />was compensated by enlarging the pond in lnnsbruck Park. Harstad Companies entered in <br />an agreement accepting liability for any problem from the pond elimination, but <br />unfortunately it will not cover the current situation. To avoid setting precedence, staff <br />recommends the homeowners should pay the $7,000 construction cost. <br /> <br />Erik Lund, 2808 Linden Dr. and Innsbruck Estates Homeowners Association President, said <br />Innsbruck Estates constructed a drain field in the valley of the backyards to handle normal <br />runoff from the drain field, however, itis inadequate to handle the water from the streets <br />and into these water chutes. LeFevere said staff is not making light of the situation, <br />however, the question is whether the City is liable for this improvement. Lund said the <br />Association is most willing to split the cost. Proper does not believe there is willingness <br />from either the Innsbruck Park Homeowners Association or Harstad to partner the cost. <br />Moore-Sykes said this involves private property, and the City's role is to facilitate between <br />the parties, but not become responsible for any costs. Proper is hopeful the quotations will <br />come below $7,000, and will contact Harstad and the Innsbruck Park Association to <br />determine willingness in cost sharing. <br /> <br />Suhan Sumestra, Innsbruck Estates, feels the City should accept responsibility for issues <br />involved during the original construction. Larson said the City is providing the engineering <br />and administration costs involved in this project. <br /> <br />Public Hearing <br /> <br />PL-Ol-05, Minor <br />Subdivision <br />Report 01-175 <br /> <br />Council Business <br /> <br />Innsbruck Estates <br />Homeowners Assoc. <br />petition to correct <br />drainage <br />Report 0 1-1 76 <br />