5.6. SR 01-25-1993
ITEM 5.6.
TO:
FROM:
MAYOR & CITY COUNCIL
PAT KLAERS, CITY ADMINISTRA~1>~
JANUARY 22, 1993
DRAINAGE ISSUE/TOM BRINDAMOUR
DATE:
SUBJECT:
Attached for your review are some letters and memos regarding
the Tom Brindamour drainage issue. This situation was
discussed in 1991 and still has not been resolved to the
satisfaction of the property owner. Tom requested an
appearance before the City Council to further discuss this
issue.
.
Tom lives in the Ridgewood East Third Addition subdivision,
right off Highland Road and 193rd Avenue. The drainage pond in
questions lies adjacent to Lowell Street. This subdivision was
approved during the time when this part of the community was in
the Township and the Ridgewood East plat was reviewed and
approved by the County. The City has many drainage situations
similar to the one on the Brindamour property. During the time
of platting for these properties, a low area was simply
identified and was used as the drainage area for a few homes or
a neighborhood. There are no City easements for this drainage
area (which the City currently obtains through the platting
process), and this situation is another example of why the City
needs to do an overall storm drainage plan for the City.
As indicated above, the City has many situations like the Tom
Brindamour drainage situation, and the City cannot afford to go
out and purchase these drainage areas. The City has made an
offer to reestablish the drainage in the pond and to maintain
the drainage pond if the land is dedicated to the City. My
understanding of the situation is that Tom does not want to
simply give the City land as he believes he is losing value,
and he has concern~ regarding future public utility assessments
along with the buildability of this area if utilities become
available. It ~hould be clearly noted that this area
functioned as a drainage pond prior to Tom purchasing the
property.
.
As you can tell by .the 1991 letters, there is a dispute between
Tom and the City qS to the cause of the drainage problems. The
drainage pond functiq~ed without any problems prior to 1991,
and Tom indicates that a new house constructed adjacent to this
drainage area has caused the pond to no longer function.
Staff, on the other hand, indicates that work that Tom
attempted to do around the drainage area has caused a problem
whereby some materi91 that Tom was working with has slid into
the bottom of the pond and sealed up the surface so that it no
longer allows percolation or the area to function as a drainage
pond.
720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
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Staff has briefly discussed this issue in anticipation of this
being back on the agenda and staff concurs with the August 10,
1992, action by the City Council. The City is still willing to
reestablish the drainage pond so that it functions and to
establish turf on the side of this pond, but staff is not in a
position to recommend that we pay for this easement.
_ / f ~ ~ ~ _~ J CONSULTING ENGINEERS
. ."W_ Maier Stewart & Associates Inc.
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August 21, 1992
File: 230~OOO-OO
~@~w
Mr. Tom Brindamour
11915 Highland Road
Elk River, MN 55330
RE: DRAINAGE ISSUE
Dear Mr. Brindamour:
At their regular meeting on August 10, the City Council considered the drainage issue on your
lot. Attached is a copy of the letter I had sent to the City Administrator concerning the issue.
After discussion, the City Council requested the staff to present two options for your
consideration. They are as follows:
1.
If you are willing to provide the City an appropriately sized easement, free of charge,
covering the drainage area and access to it, the City will do the necessary work to clean
out the pond, re-establish percolation on the bottom, and establish turf on the sides.
2. Without an easement given to the City, any work to improve the pond would be your
responsibility, since the City would have no legal right to access the area.
Please consider these two options and let me know how you would like to proceed on this issue.
Sincerely,
MAIER STEWART & ASSOCIATES, INC.
T~l!i~
TJM:tp
Attachment
000-2101.auc
1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-n4-6021
9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 . Equal Opportunity Employer
.
.
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RFCflVElJ AUG 03
1992
_ / f ~ ~ ~ _~ J CONS~lTING ENGINEERS
."".,,_ Maier Stewart & Associates Inc.
July 30, 1992
File No: 230-000-00
Mr. Pat Klaers
Administrator
City of Elk River
720 Dodge Avenue N.W.
Elk River, MN 55330
RE: BRINDAMOUR DRAINAGE ISSUE
Dear Mr. Klaers:
As directed by the City Council at their July 20, 1992 meeting, we have reviewed the drainage
concern raised by Mr. Brindamour. Mr. Brindamour lives at 11915 Highland Road. Mr.
Brindamour's property is Lot 10, Block 4 Ridgewood East Addition. In investigating this
situation, we reviewed the City's file, made a site visit with Steve Rohlf and discussed the
situation with Mr. Brindamour on the phone.
The area in question has obviously collected drainage from the surrounding tributary area since the
plat was created. However, the area is not designated as a drainage easement on the original plat.
We would disagree with Mr. Brindamour's assertion that the recently constructed home on Lot 9
to the north substantially changed the volume of water flowing to the low point on his property.
There certainly is a small addition of impervious surface due to the new roof top and driveway,
but the runoff from these flows across the grass area where absorption can still take place.
From our visual inspection, we would concur with the conclusion in Steve Rohlf's letter to Mr.
Brindamour dated October 7, 1991. That is, material imported to Mr. Brindamour's lot has a
substantial amount of clay in it and erosion has carried this material to the pond bottom, thus
sealing it and reducing the native soil's ability to percolate water. We believe if the pond bottom
is opened up and the side slopes stabilized to prevent erosion, the pond will operate properly.
There would be some standing water after a rainfall event, but it should percolate away within a
f;.w GaYS.
In conclusion, there is no question this area was always intended to gather some runoff from the
surrounding area. It needs to be repaired so it can once again operate properly.
If you have any questions or would like further information, please call.
Sincerely,
MAIER STEWART AND ASSOCIATES, INC.
':;;;f-/Jtlfalue.0
Terry r Maurer, P.E.
TJM/ks
000- 300 I.JUL
1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-774-6021
9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 · Equal Opportunity Employer
, "
REr.F.IVED OCf4 1991
11915 Highland Road
Elk River, MN 55330
. September 25, 1991
The City of Elk River
Patrick Klaers
Mayor James Tralle
Members of the City Council
720 Dodge Avenue
Elk River, MN 55330
Dear Mr. Klaers:
The letter is in response to the letter I received September 17, 1991
from Terry Zazac (Building Inspector, City of Elk River). The above
mentioned letter concerned the location of a proposed home on Lot 9,
Block 4, Ridgewood East. This particular lot is adjoining my property,
which is Lot 10, Block 4, Ridgewood East.
.
On September 12, 1991, I discussed this situation with Marly Glines,
an employee of John Oliver & Associates in Elk River. He in turn
talked to Steve Rohlf and it was decided that the proper placement of
the proposed home on, Lot 9 would be in the rear or back par~ of the
lot. Locating the praposed home an the rear of the lot was acceptable
and agreeable to me. However, the next day the location of the house
was in the same area (in the front of the lot) and the foo~ings were'
placed and poured. When I went and spoke wi~h Steve Rohlf I was told
that I could not do anything to my property because of the natural
flow of water to a lower corner of my proper~y, whi~~ has no drainage
easement at this time.
.
By placing the new home (Lot 9) on the front area of the lot, there
will be a substantial change in the natural drainage. of Lot 9, in that
the lowest area of that lot will now be primarily filled by a basement
dwelling and ultimately the backfilling process. Prior to this
occurance, there was a great deal of water absorbtion in that low area
as it is situa~ed in a secondary ring of the existing land topography.
There is no question that allowing the home to be built in tha~ area
will create a direc~ affect on the volume of water forced ~o the low
area on my property.
Obviously this is a situation that I cannot stand by and allow to
haocen, therefor, I must insist that you give this your i~uediate
attention and s~op the construction on Lot 9 until the topography
and drainage of this area can be more closely studied.
\.
I will do whatever I can to work with the City in finding a solution
to this problem but I will not allow more water to be shipped to my
lot thereby leaving the balance of my property unusable for expansion
of my home and/or garage.
Page 2
September 25, 1991
City of Elk River
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Finall~ because of the above mentioned drainage problems, I would
also like the City to address the question of the street spillway
which is now draining onto my property without a drainage easement.
At the time the plat of Ridgewood East was done, .there was a
drainage culvert put under Highland Road on the opposite side of
Lowell Avenue from my property. I'm sure the intent of that culvert
was to handle the water from the streets rather than draining it
onto my private property, otherwise I would suspect that there
should have been an easement at that time. I am hoping to hear from
you within five days from your receiving this letter or I will assume
that you have no further concern about this matter and I will proceed
to fill the low area of my property in order to protect myself from
further drainage accumulation from the a~ea.
Respectfully,
~ -(
-~. .---
T~m- B4indamour
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Oc-cubar- 7, 199:L.
Tom Brindamour-
11915 ~ighland Road
Elk Rivar-, MN 55330
Subject:
Response to correspondence from
receh."ed at Ci tt" hall October
the home being constructed
Ridgewood East Third Addition.
Mr. Brindamour
4, 1991 in regards
on Lot 9, Block
to
A
-= ,
Dear Mr. Brindamour:
e
The City of Elk River did respond to your concerns regarding
increased water ponding on i.our propert~{ due to a home being
constructed on Lot 9, Block 4, ?idgewood East Third Addition.
Obviously, the City can not force a property owner to bui~d in
a location that an adjacent property owner feels is the most
desirable. Wha t the City does do as ;;art of the bUJ.J.G.lng
permic for a new home, is require that it is demonstrated that
a house location and associa~ed grading does no~ affect
adjacen~ property due to drainage.
At your request, Marly Glines of ..Joan Oliver and Associates
reviewed the pro;iosed location of the home on Lot 9 ',.;ith City
staff. Mr. Glines concurred that adequate measures were taken
to avoid an increase in water on your property.
When the City reviewed the location proposed by the builder and
property owner for the house on Lot 9, we had the benefit of a
9 inch rain fall event that took place in little over-
twenty-four hours. The high water mark for the ponding r:r-Oiii
this rain was evident. 'I'he house proposed on Lot 9 and tne
associated fill is outside of this ponding area. The f=e~uency
of occu~=ance of this 9 l.ncn rain fall a.v.cut i3 sst:Jiatad a~
loa i"aar:; pl.U3.
(e
Further / b~{ locating tha hvusa ~lcsar tu tha street than ~tuU
..-..,.,;: ~--~-- .;.. -- t..._ _"_.._ ~t._ :____ ..__~ __~
WU~_'.... ......=.,:)..~-::::: ..~ :"u ;..JC" a..:....v.,.,,;) ...J..U:: .L.~VJ..1;'" .tct.J..\..i., a.4.L~ U1UJ.':
impoJ:'tantly the dri'v"away, to have a steady slope dawn hill tv
the street. Thi3 w'"ill alley; the drainage frOm the dri.'la, a
lar.;a ;c=ti=i1 of tha r.~cf aud part of the front yard to flv~~
intv tlj,a street .v"'ersus to lour ~lard. In. addition, t~i5 will
divert a portion of tha ~atar frclli proparties north of ~vt 9 to
the street that currently end up in your property. Water frOm
properties north of Lot '3 that do not flow to the street will
be di -,tertad around the north and ea.st .sides of the proposed
house. 7his is a longer route to your property than this water
currently takes. Thi.s should allow more time for absorption
720 Dodge Avenue N.W., Elk River, Minnesota 55330
(612) 441-7420
Page 2
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then the cur=ent direct route across Lot 9. Also, the
homeowner ina~cated that a portion of the area that ponded
water on his lo~ will be e~cavated OUt to aaa pona~ng capacitY
on his property. Increasing the ponding on his property should
further reduce the ponding on yours.
Lastly, although the spillway from Highland Road was in place
long before you bought your lot, however, the City plans on
removing ~ t. Thus, once water from L0t 9 goes to the street
it will not end up in your lot, reducing even further the total
volume of water now naturally finding its way to your lot.
I am concerned about material that "t-OU placed on the side.
slopes of the loW' area of your lot. This material appeared to
have a large amount of clay in it. Sediment from that clay
will fill up the bottom of the loW' area on your lot reducing
the absorption capacity of that area. If that material was
indeed made up of clay, I recommend that you take measures to
keep it from the bot tom of the low area on your property for
your own sake.
.
The letter you sent me was dated September 25, 1991. I
received it at Elk River City Hall, Friday, October 4, 1991-
In this letter you indicate that the City has five days t.;:)
respond to your letter or you will proceed to fill your lot.
Be on notice, that a grading permit is required for such an
activity. We need a specific grading plan for you to fill.
You must demonstrate that you will not alter the natural
drainage in the area in a way that will adversely affect
adjacent properties as your neighbor on Lot 9 had to do.
Filling the low area on your lot without a grading permit is in
violation of the Elk River City Code. Giving a five day
ultimatum does not make it a legal act.
In summary, I'm sure you will have to agree, the City
adequately aaaressed your concerns about additional water
ponding on your property due to the home being constructed on
Lot 9, Block 4, Ridgewood East Third Addition. If you have
further questions, please feel f=ee to call me at 441-i420.
Respectfully,
~lr~
Building & Zoning Administrator
SRlsm
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cc: Marly Glines, John Oliver & Associates
Pat Klaers, City Administrator