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MINUTES OF THE REGULAR ORONO CITY COUNCIL <br />MEETING HELD ON MAY 12,1997 <br />(#12 - CoRd 19/Tonkaview Drainage Situation - Continued) <br />Jabbour asked Gappa and Cook to meet with the property owner regarding the pond to <br />seek some solution. He noted the need to gain approval from the property owner, <br />establish a price without condemnation of property or deeming it non - conforming, and <br />determining who will pay the cost of the improvement. He was concerned with setting a <br />precedent of stormwater management without assessment. <br />Sawicki noted that the alteration by the County with curbing eliminated an outflow <br />causing all of the water to run to the ditch from CoRd 19. She asked the County for <br />assistance, who wanted an earthen dike. <br />Bessessen said a claim to the League of Cities was denied based on an unsubstantiated <br />claim. He said he would prefer an assessment versus losing his home. He indicated that <br />his foundation is ruined. Bessessen suggested a solution of possibly a pond in the right - <br />of -way that would be long and narrow. <br />Jabbour said a solution will be determined but it would require some time. He asked <br />Cook and Gappa to also meet with the County as well as the property owner. He noted <br />that a small neighborhood drainage problem can be handled by the City. It the problem <br />becomes one involving the watershed, it would require a hearing. <br />It was noted that there are six homes in the potential assessment area. • <br />Radio indicated that outlying properties cannot accelerate drainage to other areas. He <br />suggested the use of litigation for leverage in assessment. <br />Bessessen and Sawicki noted that there property values have been lowered due to the <br />problems. They suggested a possible lowering of their property taxes. <br />Cook said the $10,000 for intersection reconstruction with ponding on the property to <br />the west may create problems for that property owner. He noted the need for a control <br />structure without creating new problems. The road could be tiled for drainage to the <br />west. Gappa said the road would still require regrading. Sawicki said she had originally <br />asked for curb and gutter but was told that it would push too much runoff down hill. <br />Cook suggested the use of a stormwater utility fee to collect funds for such problems in <br />the future. Radio said the test would then be for legality and not benefit but saw the fee <br />as a fair and reasonable charge. Jabbour asked what difference there would be from this <br />type of fee from collecting through property taxes. Radio said this fee can be charged to <br />a specific district. <br />n <br />U <br />18 <br />