4.2. SR 10-18-1993
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lik River
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TO:
ITEM 4.2.
MAYOR & CITY COUNCIL
FROM:
STEVE ROHLF, B&Z ADMINISTRATOR
OCTOBER 12,1993 :;f-
DATE:
SUBJECT: DISCUSSION OF TOM BRINDAMOUR
DRAINAGE ISSUE
The following is a chronological list of events and correspondences regarding the
Brindamour drainage issue:
1. On September 6, 1991, a building permit was issued for a house to be located on
Lot 9, Block 4, Ridgewood East, the lot directly north of Mr. Brindamour's
property.
2. Mr. Brindamour complained to City staff that he felt the proposed location of the
house on Lot 9, Block 4, Ridgewood East would take up holding capacity for
storm water in this area and, therefore, add water to his property. City staff
stopped footings from being poured on Lot 9, Block 4, Ridgewood East in order
to determine whether or not Mr. Brindamour's concern was valid.
3.
On the afternoon of September 12, 1991, City staff met on site with the builder
and owner of the house proposed for Lot 9, Block 4, along with Marly Glines of
John Oliver's office, who was reviewing the situation for Mr. Brindamour. Those
involved in this on site meeting had the benefit of a 100 year rainfall event the
previous weekend. It was easily determined that this 100 year rainfall event did
not raise water levels to a point where the proposed house on Lot 9, Block 4,
would take up any existing ponding capacity for storm water. All those present at
this meeting, including Mr. Glines, agreed. This meeting is documented in an
attached letter from Terry Zajac dated September 17, 1991.
4. There is a letter attached to this memo dated September 25, 1991, from Tom
Brindamour to Pat Klaers, City Administrator. In this letter, Mr. Brindamour
raises his concerns regarding the house placement on Lot 9, Block 4, Ridgewood
East in writing.
5.
Attached to this memo is a letter dated October 7, 1991, from Steve Rohlf to Mr.
Brindamour. In this letter, staff reiterates the City's position that the house
placement on Lot 9, Block 4, Ridgewood East should not adversely affect Mr.
Brindamour's property. Also in this letter, staff points out to Mr. Brindamour that
the material he placed on his property had clay in it, which would erode, if not
stabilized, and seal the bottom of the low area on Mr. Brindamour's property,
impeding percolation. Staff recommended to Mr. Brindamour that he take
measures to avoid this situation.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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6.
In the fall of 1991, the City eliminated a spillway from Lowell Avenue, that a
allowed water from the street to Mr. Brindamour's property.
7. On July 20, 1992, Mr. Brindamour is again in front of the City Council
complaining about drainage. The City Council at that time directed City Engineer,
Terry Maurer, to review the situation. In an attached letter, dated July 30, 1992,
Mr. Maurer concurred with staffs previous findings that clay placed on Mr.
Brindamour's property by himself is the source of the lack of absorption in the low
area on his lot.
8. At the August 10, 1992, City Council meeting, the City Council moved that either
Mr. Brindamour clean up the low area himself or grant the City a drainage
easement (giving the City rights to access his property) and the City would clean
up the area. Minutes from that August 31, 1992, City Council meeting are
attached as well as an August 21, 1992, memo from Terry Maurer City Engineer,
that was used as background material for that meeting.
9.
The Brindamour drainage issue is on yet another Council meeting on January 25,
1993. The minutes from that Council meeting and a background memo from Pat
Klaers dated January 22, 1993, are attached. At that meeting, Mr. Brindamour
expresses his concern over issuing a drainage easement and the City Council,
through consensus, agrees that Mr. Brindamour can grant a one time right of entry
for the City to access his property and clean up the low area in question.
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SUMMARY
Mr. Brindamour bought a lot in Ridgewood East Addition that was part of the former
Township of Elk River, in a plat that was approved by Sherburne County, not the City of
Elk River. The lot Mr. Brindamour purchased is downhill from surrounding property.
Water flowed in the direction of Mr. Brindamour's lot prior to him purchasing it.
Staff feels that the placement of the house adjacent to the north of Mr. Brindamour's
property did not take up any ponding capacity that would be used in a 100 year rainfall
event. Further, the placement of the house to the north of Mr. Brindamour acts to divert
water from the low area on his property.
Staff strongly feels that the current lack of percolation on Mr. Brindamour's property
resulted from him placing material with clay in it on the side slopes of the low area in
question. Lastly, a spillway that went from Lowell Street to Mr. Brindamour's property
has been eliminated by the Street Department, which reduces the amount of water finding
its way to Mr. Brindamour's property.
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e RECOMMENDATION
Staff feels that the City's offer to clean up the low area, a situation that was created by Mr.
Brindamour himself, is more than generous. We feel the situation is not even questionable
and strongly recommend that the City Council does not pay for a non-regional ponding
area on Mr. Brindamour's property because of the precedence it would set city wide.
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September 17, 1991
TO WHOM IT ~~y CONCERN:
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This letter is in regards to the p1acement of the house
addressed as 19337 Lowell Street NW, Elk River, MN. The legal
description is Lot 9, Block 4, Ridgewood East Addition.
On September 12, 1991 I was called to do a footing inspection
on the above address. When I arrived at the inspection, the
footings were in place and it appeared that the house was in an
undesignated drainage area. I then proceeded to stop
construction on the footings and told the cement contractor to
notify the builder that further investigation would be
necessary to make sure that they would not flood the adjacent
homeowner, Torn Brindamour located on Lot 10, Block 4, Ridgewood
East.
Later that afternoon the builder, Randy Dahleri the homeowner,
Trent Niklei and the excavator, Mr. Kober came to City Hall and
met with Steve Rohlf and myself to discuss our concerns
regarding the house location. We previously had about 9 inches
of rain that weekend. There was over 6 inches of rain on
Saturday, September 7th and over 2 inches of rain on Sunday,
September 8th. Staff has determined by calling the City's
Consultant Engineering Firm, Maier Stewart & Associates, that
this would be a 100 year water elevation in this undesignated
drainage area. Staff decided to go out to the lot to see where
the water line was after this rain. On the way out there, we
stopped by John Oliver's office and picked up Marlee Glines who
reviewed this situation for Mr. Brindamour. When we arrived at
the lot, we could tell that the approximate location of the
highest ponding on Lot 9 from this 100 year event (about 40 ft.
from the south lot line). We told the builder that he must
stay out of this ponding area with the house and the necessary
fill and still be able to maintain a 4 to 1 slope away from the
house.
Also, looking at the lay of the land on Lot 9, it would be
possible to shape an area in the south 40 ft. to increase
ponding capacity.
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720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
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In conclusion, it will be possible to build a house on this lot
in the location they have picked, but it must be made clear
that they must stay out of the area located 40 ft. north of the
south lot line, which is observed to be wi thin that 100 year
water elevation. Also all back filling and grading must not
enter this area.
Respectfull, \
L~
Terry Zaj c
Building Inspector
CITY OF ELK RIVER
TZ/sm
. "
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R E r. F.I v E 0 ocr 4 1991
11915 Highland Road
Elk River, MN 55330
~ Se~tember 25, 1991
The City of Elk River
Patrick Klaers
Mayor James Tralle
Members of the Ci~y Council
720 Oodge Avenue
Elk River, MN 55330
Oear Mr. Klaers:
The letter is in response to the letter! 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 par~icular lot is adjoining my property,
which is Lot la, Block 4, Ridgewood East.
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On September 12, 1991, I discussed this situation with Mar~y Glines,
an em;1loyee of John Oliver & Associates in Elk River. He in tU=:1
talked to Steve Rohlf and i~ was decided that ~~e proper placemen~ of
~~e orooosed home on Lot 9 would be in ~~e rear or back oa~ of ~e
lot.- Locating the proposed home on the rear of the lot was accep~able
and agreeable to me. However, t~e nex~ day ~~e location of the house
was in ~"e same area (in the front of the 10'1:) and the foo,:ings were'
placed and poured. Wnen! wen~ and spoke wi~h Steve Rohlf I was told
~~at I could not do an~"ing to my property because of the nat~ral
flow of wa'Cer to a lower cor~er of my proper~y, whi~" has no drainage
easement at ~~is time.
.
By placing the new home (Lot 9) on the front area of ~~e lot, there
will be a subs'Cantial change in ~~e natural drainag~ of Lo'1: 9, in that
~"e lowest area of that lot will now be primarily filled by a basemen'1:
dwelling and ultimately ~"e backfilling process. Prior to ~"is
occ~rance, there was a great deal of water absorbtion in that low area
as i'C is si'Cua'Ced in a secondary ring of ~"e exis'1:ing land topography.
There is no question that allowing the home to be built in t~a'1: area
will create a direc~ affec,: on the volume of wa'Cer forced 'Co the low
area on my proper'Cy.
Obviously this is a situation ~"at I cannot s'Cand by and allow to
happen, therefor, I must insist that you give ~"is your i~~ediate
a'C~ention and s~op the cons'Cruc~ion on Lot 9 ~~til the topography
and drainage of ~"is area can be more closely s'Cudied.
'"
.
I will do whatever I can to work wi~~ ~"e City in finding a solution
to this problem but I will not allow more water to be shi~ped to my
lot ~"ereby leaving ~~e balance of my proper'CY unusable for expansion
of my home and/or garage.
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September 25, 1991
City of Elk River
.
----------------------------------
Finally, because of ~~e 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 culver~ put under Highland Road on ~~e 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,
(' -(
~~~.~
Tom B indamour
..
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OCi:lJber 7, 199j"
Tom Brindamour
11915 Eighland Road
Elk River, ~~~ 53330
Subject:
Response to corres?cndence from
recei..led at Citi. Eall October
i:ne home being constructed
Ridgewood East Third Addition.
Mr. Brindamour
4, 1991 in regards
on Lot 9, Elock
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Dear Mr. Brindamour:
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The Ci ti. of Elk Ri .,tar a~a respond to your concerns regaralng
increased water ponding on :.our property due to a heme being
constructed on Loc 9, Block 4, Ridgewood 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. ~'-D.at the City does do as part of the building
permit for a new home, is require thai: it is demonstrated that
a house location ana associa~ed grading does no~ affect
adjacen~ property due to drainage.
A t yo ur
reviewed
staff.
to avoid
request, Marl.y Glines of .john Oli'ller and Associates
the pro;osed location of the heme on Lot 9 l..;ith City
Mr. Glines concurred that adequate measures were taken
an increase in water on your property.
When the City reviewed the location proposed by the builder ~~a
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 wa tar mark. for the poncung from
this rain was evident. '!he house propose-d on tot 9 and the-
associatad fill is outsid: of this pending area. The !=a~u=nc7
of oc\:ur':-enca of this 5 inch rain fall ev.ant i3 esti.mata.i a:
100 1sar3 p':ua.
.
Further, b~. locating tha h~usa ~losar to tha strsat than :tou
___..1.1 ...1__';__ .;_ __ \""._ ..,'........... _t._ :____ .___.1 .._...1
W\.J\,.;...,:.'..... .......~,:)...;.= .~ ~..... ~C:, Q,~";'V'f'f,:) _..c J...\JU,. j43.....--., <::.....\oii. Ul\,JJ.;.:
im;ortantl~. the dri':;cwai., to ha...,.c a stead:! slope dow'i'l hill tv
the strast. This will alleW' tha drainage frOm the: dri.y.a, a
'a--- -~--~~- _.: _1.._ -~_..: --"'" -...-- _.I: ...c.._ ~--_.. -.a"'': __ _;_;.~*:'"'
- ~':C: ~\..;,;.;. ,-_..,u, v.. '_.i..;: J.,'..;""-_ ~,u.~ ~c:.... \...1.1. ~...I.= ...Vl.1:' 1 _'-:'\.J .._
~_...- ....,-- ------ .----..- ....- ........- ..-r."= ~- _..2~':...~__ ..1.':_ _.";""
..4.1._'-' _...c:: ,:).....:=;.. "'C::~':>\.l~ :"\J :\.1'--';' lC1....... J.U' Q.\.4\.4.,:'':'Vl.1., :.....~ WJ.';';~
divert a ~ortion of tha ~a:sr frcm pro;artias north of ~vt 9 to
the strest that currently end u~ in your pro~crt1. Watar f=om
propartias north of Lot '3 that do not flow to the- st!"eet will
be di ....ertad around the north and east sides of ths proposed
h ,.......0 ro ...- -- --u- ---...~,...-.- .......-- _1..:... ..-...-....
ousa. J..l."llS 1S a 4 nger UI.C I.. 1V ... :-...:-v....1 I...ClU :.......;:) ....ClI.:J..
currantl:; takes. This should a:lo'W mere- tima for absorption
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720 Dodge Avenue N. W., Elk River. Minnesota 55330
(612) 441.1420
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then the current direct route across Lot 9. Also, the
homeow-ner ina~cated that. a portion of the area that ponded
water on his lot will be excava~ed out to add ponding 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 it. Thus, once water from Lvt 9 goes to the street
it will not end up in your lot, reducing even further the total
volwue of water now naturally finding its way to your lot.
I am concerned about material that you 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 clat-
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 bottom of the low area on your property for
your own sake.
The letter you sent me was dated September 25, 19~1. I
received it at Elk River City Hall, Friday, October 4, 1991-
In this letter you indica~e 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
acti vi ty . We need a specific grading plan for you to fill.
You mus~ 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 perillit 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 addressed 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 free to call me at 441-;420.
Respectfully,
~l(~
Stephen Rohlf
Building & Zoning Administrator
""
SR/sm
e cc: Marly Glines, John Oliver & Associates
Pat Klaers, City Administrator
r?l:CflVED AUG OJ-
1992
_ / ~ ~ ~ ~ -! J . CONS~LnNG ENGINEERS
. .",."rIfI- Maier Stewart & Associates Inc.
July 30, 1992
File No: 230-000-00
Mr. Pat K1aers
Administrator
City of Elk River
720 Dodge Avenue N. W.
Ek River, MN 55330
RE: BRINDAMOUR DRAINAGE ISSUE
Dear Mr. Klaers:
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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.
TIlere would be some standing water after a rainfall event, but it should percolate away within a
f"w days.
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.
,..
~t)'~a<'~tz)
Terry t Maurer, P.E.
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000-3001.JUL
1959 SLOAN PLACE, SUITE 200, sr. PAUL, MINNESOTA 55117 612-714-6021
9800 SHELARO PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 · Equal Opportunity Employer
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City Council Minutes
August 31, 1992
Page 3
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computer is outdated as it is a 1986 model. Funding for the equipment
will come from the data processing equipment reserve.
COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE THE PURCHASE OF A PERSONAL
COMPUTER WITH A 486 PROCESSOR, 210MB HARD DRIVE, A PRINTER AND UPDATED
SOFTWARE AT APPROXIMATELY $3,800. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
5.6. Consideration of Preliminary and Final Plat for Guardian Angels
The City Administrator indicated that the decision on the preliminary
and final plat for the Guardian Angels Addition was continued from the
July 20 Council meeting to the August 31 meeting. He stated that the
issue related around park dedication fees for the plat. The City
Administrator indicated that City staff has not heard from Guardian
Angels since the July 20 meeting. He requested the Council to continue
a decision on this matter until the September 21 Council meeting.
COUNCILMEMBER KROPUENSKE MOVED TO CONTINUE A DECISION ON THE
PRELIMINARY AND FINAL PLAT OF THE GUARDIAN ANGELS ADDITION UNTIL THE
SEPTEMBER 21, 1992, CITY COUNCIL MEETING TO BE HELD AT SALK SCHOOL OR,
THE LIBRARY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
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5.7. Brindamour Drainage
Councilmember Schuldt informed the Council that he had a conversation
with Tom Brindamour regarding the drainage problem on his property.
Mr. Brindamour had informed Councilmember Schuldt that the runoff from
the last rain was coming off of the street. He requested Councilmember
Schuldt to convey his dissatisfaction with staff and Council decision
on the matter. He informed Councilmember Schuldt that he is having his
soil tested for penetration as the City did not test the soil prior to
making the decision that he was responsible for the problem. He
further informed Councilmember Schuldt that he would have to pay taxes
on the property if he dedicated the property as easement to. the City.
The City Administrator indicated that this was correct and added that
no taxes would need to be paid by Mr. Brindamour if the City took
ownership of the property.
6.1. Mayoral Appointment to the BRA
Mayor Tralle informed the Council that he wished to extend Dick
Hinkle's term to the HRA until December 31, 1992, and then to appoint
him to another 5 year term.
COUNCILMEMBER HOLMGREN MOVED TO CONCUR WITH MAYOR TRALLE'S EXTENSION OF
DICK HINKLE'S TERM AND TO CONCUR WITH THE APPOINTMENT TO A FIVE YEAR
TERM EXPIRING ON 12/31/1997. COUNCILMEMBER SCHULDT SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
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6.2. Speed Zone
_0.' fY'
City Council Minutes
August 10, 1992
Page 4
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Terry Maurer updated the Council on the status
Bridge replacement. He indicated that bids will be
with construction to begin by late September.
construction will carried through until early summer
of the Main Street
opened in August
He stated that the
of 1993.
7.2. Brindamour Drainage Issue
Terry Maurer indicated that he has been requested by the COuncil to
review the drainage issues revolving around Tom Brindamour's
property. He indicated he inspected the site and felt that Mr.
Brindamour had caused the drainage problems by not property providing
erosion control measures for the material which he had hauled in the
area. He stated that some of this material has slid into the bottom of
the pond, sealing up the pond so that the pond does not function.
Terry Maurer indicated that if the pond bottom is opened up and the
side slopes are stabilized to fight erosion, the pond will operate
properly.
Pat Klaers, the City Administrator, suggested that the Council either
charge Mr. Brindamour with the responsibility for cleaning out the pond
or that Mr. Brindamour dedicate a drainage easement to the City and
then the City will clean the pond.
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COUNCILMEMBER KROPUENSKE MOVED THAT EITHER MR. BRINDAMOUR CLEAN UP THE
POND HIMSELF OR THAT HE GRANT AN DRAINAGE EASEMENT TO THE CITY SO THAT
THE CITY CAN CLEAN UP THE POND AREA. COUNCILMEMBER HOLMGREN SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
7.3. Outlot A Drainage/Tax Delinquent Parcel
The City Administrator stated that he had been requested by the Council
to investigate the maintenance responsibility of Outlot A in
Barrington Place. He stated that after some background work, he
found that Outlot A would be the State's responsibility if the property
were turned back to the State. The City Administrator further stated
that it would very unlikely that the State would do any type of
maintenance of the drainage area.
COUNCILMEMBER KROPUENSKE MOVED TO PURCHASE OUTLOT A
PLACE FOR $146.65. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION CARRIED 5-0.
IN BARRINGTON
MOTION. THE
7.4. City-wide Drainage Issues
The City Administrator indicated that over the past several years, the ~
City has received numerous concerns and complaints relating to storm
drainage issues. He stated that because of this, staff is requesting
to develop a comprehensive storm drainage plan.
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COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE CITY ENGINEER TO SUBMIT A
PROPOSAL FOR COMPLETING A STUDY/REPORT FOR A CITY-WIDE STORM DRAINAGE
PLAN. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
_ / }- ~ ~ ~ ~~ J CONSULTING ENGINEERS
e .",W_ Maier Stewart & Associates Inc.
August 21, 1992
File: 230-000-00
~~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:
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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!!::te::.~
TJM:tp
~
Attachment
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~2101.auc
1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-n4-6021
9800 SHELARO PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 . Equal Opportunity Employer
City Council Minutes
January 25, 1993
Page 7
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COUNCILMEMBER HOLMGREN AMENDED HIS MOTION SO THAT 13, PARK DEDICATION
RELATED ITEMS READ AS FOLLOWS: REMOVE THE CONCRETE SIDEWALK AND TO
DESCRIBE THE TRAIL AS AN EASEMENT SO IT IS CLEARLY NOTED THAT A TRAIL
WILL BE PART OF THE EASEMENT. COUNCILMEMBER FARBER SECONDED THE
AMENDMENT. THE AMENDMENT CARRIED 5-0.
THE MOTION AS AMENDED CARRIED 5-0.
COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-02, A RESOLUTION
DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE
PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE HERITAGE LANDING
IMPROVEMENT OF 1993. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
5.4. Greenhouse Location/County Market/Plant Place Inc.
Steve Rohlf stated that Plant Place Inc./Nelson Nursery is requesting
to place a greenhouse in the COunty Market parking lot. He stated that
greenhouse requests require annual review by the City Council.
Jim Schroer from Plant Place Inc. was present to answer questions.
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COUNCILMEMBER DIETZ MOVED TO APPROVE THE GREENHOUSE REQUEST BY PLANT
PLACE INC./NELSON NURSERY TO PLACE A GREENHOUSE IN THE COUN~Y MARKET
PARKING LOT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
5.5. SCORE Program Request
Steve Rohlf stated that Gary Schmitz, Recycling Coordinator, is
requesting authorization to ask the County to allow the City's unspent
SCORE monies to be used to fund the City's Christmas tree shredding
program that was held on January 9 and 16.
COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE STAFF TO REQUEST THE COUNTY TO
USE THE $1,948 OF SCORE MONEY FOR THE CITY'S CHRISTMAS TREE SHREDDING
PROGRAM. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED
5-0.
5.6. Drainage Issue/Tom Brindamour
e
Pat Klaers, City Administrator, reviewed the Tom Brindamour drainage
issue with the City Council. He stated that the issue has been
on-going since 1991 and has not been resolved to the satisfaction of
Mr. Brindamour. The City Administrator explained that Mr. Brindamour
lives in Ridgewood East 3rd Addition and that there is a drainage pond~
which lies adjacent to Lowell Street on his property. He stated that
there are no easements for this drainage area as the subdivision was
approved under the authority of the Township and platted prior to
consolidation of the City. The City Administrator informed the Council
that the area functioned as a drainage pond prior to Mr. Brindamour
purchasing the property. He stated that the City has offered to
acquire the property as an easement and reestablish the drainage pond,
but that Mr. Brindamour is requesting the City to pay for the property.
City Council Minutes
January 25, 1993
Page 8
e
Mr. Br indamour stated that the water problem in his area is an
eyesore. He stated that by donating the land as easement, his property
would decrease in value and if sewer and water improvements come to
that area, he would be assessed for these improvements. He requested
the City to condemn the property and to pay him for the property.
Councilmember Farber indicated that he is aware of the area and stated
he has never seen a water problem in that area prior to 1992.
Discussion was held by the Council regarding a solution. Peter Beck,
City Attorney, stated that if the property had been under City
jurisdiction when platted, the City would have required an easement and
the property owner would not have been paid for that easement. He
stated that this is what the City is recommending at this time. He
further stated that this area is a natural drainage area and also
suggested that if the water had been diverted from the natural drainage
pattern into this area, then the Council could consider a payment.
Mayor Duitsman suggested that the City
maintain the area, however, not pay the
easement. Tom Brindamour informed the Council
the property to the City without payment.
acquire the
property
that he
easement
owner for
would not
and
the
give
e
The
City
the
and,
give
City Attorney suggested a one time right-of-entry at no cost to the
so that the City can correct the problem. It was the consensus of
Council to allow a right-of-entry to correct the drainage problem
further, that staff discuss this situation with Mr. Brindamour and
a recommendation to the Council regarding this matter.
5.7. Gravel Program Update
steve Rohlf indicated that the Elk River City Council has authorized a
gravel mining study within the City limits. He stated that the City
staff has been working on this study in cooperation with the mining
companies. Peter Beck, City Attorney, reviewed the mining study
process. Arne Engstrom, County Commissioner, stated that he would like
the County to work in cooperation with the City on the gravel mining.
6.1. Consider a Request from Perf-form Products, Inc.
e
The City Administrator indicated that the City has received a request
from Perf-form Products for Tax Increment Financing Assistance to
support the Company"s proposed construction of a 6,000 square foot
facility on a vacant lot in the Elk River Industrial Park. The project
was previously discussed by the Economic Development Authority (EDA) at
its January 11, 1993, meeting. Discussion by the BDA pertained to the
creation of a new TIF District or the drawing of TIF Funds from one or
more existing districts. Following discussion by the EDA, it was the
consensus that the best method of assistance for the Company was with
TIF Funds from Districts No. 1 and No.3. The City Administrator
explained that the final decision for approving Perf-form's request for
TIF assistance would depend on the City COuncil.
Councilmember Dietz requested more information about the Company such
as how many employees and background about the company. Councilmember
e
e
ITEM 5.6.
TO:
MAYOR & CITY COUNCIL
PAT KLAERS, CITY ADMINISTRATCS{y~
JANUARY 22, 1993
DRAINAGE ISSUE/TOM BRINDAMOUR
FROM:
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 1:.he 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 concerns 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 as to the cause of the drainage problems. The
drainage pond functioned 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 materi~l 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
.
.
.
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.
~