##VIDEO ID:pnLXfn5i7Jc## okay good evening everyone I'd like to welcome you to the ATO city council meeting tonight is Monday September 9th audre can you have the record show that our City attorney is present our city planner is absent our city engineer is present along with all council members and our assistant City administrator absent this evening is our city administrator at this time I'll ask you all to join us in the Pledge of Allegiance IED aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you our first item of business this evening is the open forum this is the portion of the meeting where you can come to the podium state your name and address and limit comments to 5 minutes or less would anyone like to speak at this time mayor and council members my name is Kenny ryen my address is 14248 82nd Street or Circle North Northeast and uh again here and now for the third time in regards to the Calbert and the flow of water across our backyard first of all I'd like to start with asking Ron if if you would like to um correct what you stated before as far as the date of install of the culbert I'm not sure exactly what the date of install was of the culbert the drainage pattern was according to the grading plan of the wallish Estates and of um Heritage Hills showed the water running through your backyard at that point so mayor I just want to set the stage a little bit here because Mr ryzen and has threatened litigation against the city a couple different times uh he indicated he's talking to an attorney about suing the city so after the last meeting I asked Mr ryzen to direct comments and questions through me because normally when there's threatened or ping litigation you know the attorneys talk to each other um and I also indicated that he could file any dat practices requests with the city that you'd like and the city respond to those but um if he's threatening litigation I'm not comfortable having kind of a free flowing Q&A here I'm not saying that Ron has anything to hide I'm just saying uh if there's going to be litigation it should be handled in the context of that litigation so I don't think that of course this is public comment Mr Ry can make any comments he wants to but I don't think Ron should be put on the spot to answer questions that might potentially be the subject of future litigation if I may I have made no threat I have mentioned that I have used an attorney in the past that is far from a threat if may I have some handouts yeah I mean it's public comment you can certainly so referring back to my statement like that the cber was illegal I have in the last two weeks discovered that that is not true so I apologize for that cber is legal and it's fine and it was installed in 1997 not in 1972 as Ron has told you publicly here and has told me via email if you look at exhibit B this is a screenshot of the Heritage Hills as built drawings I'll explain what as builts are unless everyone can say they know just exactly what they are as build drawings are a modification to the original design if there's modifications additions or subtractions they are all indicated on the as built drawings and the city Engineers require those for their records I'm not sure if the city has those in those possession because I didn't check with the city for the as builts but I did check with land form Who has possession of those they were not the original designer but they bought the company that did design it so landform something has the As buils and you can all call them contact them they're very helpful if you'll look at exhibit B 1997 is the last date that was on there 1998 was the last state but the job was done in 1997 not in 1972 if you will look there about in the middle there it says 50 feet of 15 in CMP that's the culbert that is in the Heritage Hills development it is not in the wallish development which was done in 72 now if you look closely just below that horizontal line where it says Ooa you'll see the drawing of the road that was done in Wallace development and it terminates prior to the boundary line south of the boundary line so there was no roadway to the boundary line thus no need for a cber there was no cber there in 1972 it was installed in 1997 and also you'll notice on the as built drawings just above the Bold line that goes left to right horizontally there's another line parallel to it a little lighter between those two lines is a 20 foot drainage easement EX standing from the west side of Ooa all the way to the outlaw a to the West which is not showing on this it's a pond that's where this cber was designed to drain to and that's where it did drain to when it was done I am confident of that however it has changed since then the terrain or the grade has changed you will turn to Exhibit C I have drawn my lot there as you can see labeled 14248 82nd and then the horizontal line up about a third of the way down that's the boundary line and you'll see some numbers there starting on the right it's called the elevation of the invert which is where the Calbert terminates in this case on the west side or the downhill side where the water flows out that's 942 and 510 feet above sea level now the horizontal line there's a boundary between myself and 8221 Ooa Avenue Northeast above the line I wrote the elevation of my neighbor's land and below the line not the elevation of my land like this far apart okay and you'll notice the difference and I wrote the difference there at about 50 feet out it's 610 or about this much of a foot his line is higher than mine so originally the land came across like this kind of level it's a fairly level but now it goes to his lot and then steps up so the water does not go uphill and you also see that that 94 9428 is a bigger number than at the invert 9425 so the water will not flow across his line if you move to the left to the 100 foot Mark you'll see an even bigger difference on his side of the line it's 943 and 210 and on my side of the line it's 9 41.7 they used to both be I am confident 941.894.4063 but it has been filed so then if let's see you turn to exhibit B step back one thing on D1 when I told you the console that you the council spend the money or you don't spend the money I was referring to this email from ran Wagner stating who made that decision and it was not the council so that's why I made that statement if there was something different more or less I am not ackn knowledge of that but that is why I made the statement that the mayor and the other three parties involved made that decision and then told the rest of the console on D2 there Bron has been insistent that the C is installed in 1972 And I would encourage all of you to call land for and ask him when that c was installed and they will tell you I'm sure 1997 so I think it's safe to assume that when the C was placed there by Heritage Hills they ensured that the water would flow to the west down their drainage easement that they created at that time now if you turn to page D D3 I copied and paste from the Min Minnesota public drainage manual and you can read that at your leisure which obligates the drainage Authority which I think is the city uh to maintain or make sure is maintained the city has a duty and an obligation to make sure all the drainage UNS within the city are functioning property to allow the free and unobstructed flow of water thank you for your time unless you have any questions thank you thank you okay this is self inform fored would anyone else like to speak at this time okay we'll close it open forum and move on on to item two to consider agenda for approval does anyone have anything that they would like to add or delete at this times Madame mayor yes Ryan I move to approve the agenda is written second motion by Ryan seconded by Tina is there any discussion all those in favor signify by saying I I I all those oppose same sign motion passes moving on to item three our consent agenda a motion would be in order Madame mayor that's right I move to approve the consent agenda as written there second second motion by Ryan seconded by Jeff is there any discussion all those in favor signify by saying I I all those oppose same sign motion passes moving on to city council reports and updates does anyone have anything right looking both sides uh moving on to staff reports and updates Sabrina thank you mayor I have no updates for you tonight all right Audra thank you mayor just to let everybody know that uh absente voting starts next Friday on September 20th so ballots will be sent out at that time thank you Dave no updates thanks mayor all right Ron thank mayor um the street projects are pretty much complete they are finishing up the striping is about all that's left to be completed on those and you'll see some there's one pay estimate on here tonight there'll be some more here future um other than that I am opening bids for Theo Creek restoration project because of the the way the uh council meeting set up there's a three-week gap between the second meeting in September and then the first meeting in October and I uh requesting if the council could have a special meeting maybe September 30th which would be on uh your regular Monday just to accept it it would give the me the opportunity to tell the contractors that it would potentially be awarded on that night and give you know up to two more weeks of construction time to those contractors that might be betting on this and to get it completed by December 15th otherwise trying to get this work done and it also pushes a construction to an even colder time of the year if we can get them out there in say mid October it makes a big difference versus starting out November 1 weatherwise and TimeWise not a very big project I think they can get it done but at this point every day makes a difference I'm not exactly sure if September 30 it is it's the fifth Monday yes and that's what caused the problems that fifth Monday sure then that makesense would that be a six o'clock 6 PM meeting well it's just going to be the the awarding it would just be one item that would be on there and I went over this with Adam and he asked me to request from the council they wish to have that what time could people be I I was asking if it's six or what do you guys think 5:30 just get in get out okay 5:30 so does that that work yeah you know check yeah that's okay thousand calendar so check NOP that's fine that works thank you all right so I will make a motion to call for guess we're technically calling a special meeting special meeting uh for September 30th at 5:30 second motion by Jessica seconded by Britney is there any discussion wri this down to make sure we don't all forget um all those in favor signify by saying I I all those oppose same sign motion passes anything else Rong no okay right County oh all right hi hi we're happy to have you all right then if we have nothing else and a motion to adjourn would be in order mad Madame mayor oh I'm sorry I was just going to um compliment you around I've had several um calls just with regards to the streets and how nice they are so um I was to pass along the thank you yeah our construction observers has received many many comments looks good yeah favor of all the projects turn yes very nice thank you thank you second yeah okay motion by Tina seconded by Jeff is there any discussion all those in favor signify by saying I I all those oppose same sign the meeting is ended thank you all for attending