03-25-1991 Council Minutes - Laserfiche WebLink

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a REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 ( #2)NAVARRE HEIGHTS DRAINAGE CONTINUED left on the petition ?" Barrett stated that many of the original petition signatories have withdrawn, which will requires a 4!5ths vote to order the project. Jabbour stated that the Cuffs' Attorney is claiming that the City may be liable for the damages to the Cuffs' property. Jabbour asked whether approving the project would lend support to that claim in that the City delayed the project, yet knew it was needed. Barrett replied, "My review of the facts does not lead me to conclude that the City is liable for the water damage that the Cuffs have suffered. I also do not think that the City's decision to install some form of drainage system would be an admission which would require the City to pay damages." Bernhardson addend that it is not typical for municipal improvement projects to be reviewed by the Planning Commission. He said, "Such projects fall within the purview of the Council. Council may refer such issues to the Panning Commission, but to date, that has not been done." Goetten agreed that the matter has gone on for an extensive period of time, but noted that when tabling did occur, it was necessary for one reason or another. She said, "Because there are other areas in the Livingston Avenue area that have water problems, as well as areas within the Navarre area as a whole, it may be more appropriate to consider addressing the issue can a more comprehensive approach. . I have discussed this with Staff and asked them to prepare something along those lines." Bernhardson explained the financing options available for such projects, such as drawing from the City's General Fund, or establishing assessment districts, where an assessment is based on Ad Valorem tax that takes into consideration the value of the property rather than square footage. Another option would be to consider a storm sewer utility where a Utility District would be established and a regular utility fee would be charged to the property owners in that established district, which is what the Cities of Egan and Wayzata have done. He said, "In the cases of a special assessment and Ad Valorem, there must be a demonstrated benefit to the properties involved. In the case of a Utility District, that is not required. Yet another option would be to combine any of the options I have mentioned." Butler asked Cook if there is any basis for looking at the drainage issue from a larger picture for the Navarre area. - 5 -