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I I I Council Meeting Minutes August 10, 1999 Page 5 Public Hearing. continued Samuelson asked if there were drainage problems before the construction of 1370 N, Pike Lk, Jorgensen does not recall any unusual drainage problems with the vacant lot. Keith Maile, 1380 N. Pike Lk, Ct., feels the main problem is a green slime growing throughout the year which children have slipped and fallen on when riding bikes. He constructed a gravity fed drain tile device on his and a neighboring lot which operates during rainfall and stops within a 1/2 hour, It appears the owner is not interested in resolving the issue, and the neighbors feel the affected property should pay the costs. Richard Sawyer, 1350 N, Pike Lk. Ct., said the continually wet surface creates dangerous winter road conditions, and drainage conditions can be associated to the road's engineering. Proper.confirmed that staff had no knowledge of a continual drainage problem, until two years ago when a heavy rainstorm occurred, The street is appropriately engineered, and current elevation levels restrict further corrections. Robert Hunt, 1390 N, Pike Lk. Ct., has not had drainage problems since the installation of a drain tile system between his and Maile's property, However, drainage continues to flow from 1370 N. Pike Lk. Ct. in the Spring which allows algae to grow. He believes it is not his responsibility to pay for another property's improvements, and feels the property owner is negligent in not remediating the problem. Proper spoke to the property owner's son who stated no opposition to the $1,500 assessment, but if higher the son would appeal the assessment. Any change in the assessment amount would require renoticing of the hearing. Benke would not wish to burden the neighbors with an assessment being they corrected their own drainage problems, He would support increasing the property owner's assessment to $3,000 with the City providing for the remaining balance, Samuelson supports allocating the assessment cost to the benefitting property, and asked if the owner has interest in correcting the problem themselves. Proper said the property owner has no interest in cor~ecting the problem. Larson believes it is in the City's best interest to remediate this problem, and supports assessing the benefitting property, Gunderman asked if the property owner could be assessed the total amount. Benke questioned whether this could involve expensive legal fees, Fulton asked if the project could involve the system installed by Maile/Hunt. Proper would not recommend inclusion because surface drainage contains debris which could plug the pipe. Maile asked what would happen if the property owner refused to pay the increased assessment. Benke acknowledged that the owner has right to challenge the assessment. LeFevere said the property owner would need to submit a written notice of objection, and file a formal appeal with District Court. A challenge in District Court could be costly for the property owner. Public Hearin~ Drain Tile Installation at North Pike Lake Court Report 99-189