Tricounty News

KIMBALL CITY COUNCIL MEETING Special meeting, May 28, 2008

A special meeting was called to order at 6:00 p.m. by Mayor Tammy Konz. Councilmembers present: Tammy Konz, Joe Krippner, Chris Jansky and Eric Loewen with DuWayne Orbeck arriving at 6:21 p.m. Councilmembers absent: None. Others present: Andy Maus, Ed Maus, Steve Maus, Deb Reinert, Tim Young, Sandy Steinmetz, John Steinmetz, Tim Ellis, Dale Kirkpatrick, Jeff Orbeck and Jim Frilstad. The meeting was called to address the water run off issue in Maus Addition and the use of the City water run off pond. City Attorney Tim Young gave a brief history of the purchase of the fire hall and pond site of which the pond site is subject to an easement for drainage over, across and upon for the grantor (Andrew J. and Dorothy E. Maus) and their successors and for the benefit of all that real property platted as Maus Addition. Councilmembers stressed that they have never objected to any property owner in Maus Addition making use of the pond for their water run off. At the Nov. 19th meeting, the issue was addressed and reviewed by the City engineer who recommended a feasibility study be done to determine the amount of flow and if it was designed to handle the increased flow. A letter which was approved by the City Council was sent to all property owners of record in Maus Addition on Dec. 17, 2008. Location and number of lines which would be running into the pond was also commented on. City Attorney Tim Young commented that a feasibility study does not need to be done and these property owners already have a right to dump their water into this pond. John & Sandy Steinmetz explained their plan to create a swale on the east side of their property which would also benefit the property owners to the east of them; draining the water run off in that area south and in the direction of the pond. They also presented a drawing of their property west of their building which is in the name of Parkmetz, LLC depicting a proposed water run off line from this property to the pond which would be for future development. Removal of the berm and fence around the pond was addressed. Safety reasons were sited for keeping the fence. City will continue with the amendment to Triple RRR's building permit, changing the route of the piping to the pond. They will submit a corrected drawing for the amendment. Building permit versus grading permit as the permitting use was discussed. Permit will need to include restoration and inspection. Discussion addressed fairness to all property owners, easements and planning and location of the swale. City Attorney Tim Young stressed that the property owners need to get together and decide among themselves how they want to address their water run off problem and then apply to the City for a permit to pipe into the pond. Their easements are a personal issue among themselves and not the City. City Attorney Tim Young will be drafting the permit which will address elevation of pipe entrance, erosion control, restoration and fee. Motion Krippner/Jansky to adjourn at 7:15 p.m. MP Dianne Robinson  Clerk/treasurer