10-18-1993 CC MIN - Laserfiche WebLink

Home Browse Search

Elk River City Council Meeting October 18, 1993 Page 2 e Council was in support of the Wagon Train spending its layover days in the City of Elk River. 4.2. Discussion of Tom Brindamour Drainage Issue Steve Rohlf reviewed a summary of events regarding the Tom Brindamour drainage issue. Mr. Rohlf stated that Mr. Brindamour purchased a lot in Ridgewood East Addition which was part of the former Township of Elk River in a plat approved by Sherburne County. He indicated that the lot is located downhill from surrounding property and is a natural drainage area. He further noted that it is staff's feeling that the placement of the house adjacent to the north of Mr. Brindamour's lot did not add to the drainage on his property. He also noted that staff felt that the lack of percolation on Mr. Brindamour's property resulted from the placement of clay-like material on the side slopes of the low area. Tom Brindamour stated that the placement of the house on Lot 9, Block 4, Ridgewood East has resulted in further drainage onto his property. He further indicated that there is no drainage easement on his property. He noted that he has taken a loss on his property and that there is more of a problem in the spring time. e Councilmember Farber noted that he does not agree with staff and the City Engineer's assessment of the situation. He stated he feels that the location of the house on Lot 9, Block 4, has resulted in more drainage onto Mr. Brindamour's property. The Council discussed the action the City has taken to date regarding the problem. Peter Beck, City Attorney, indicated that the City has requested that Mr. Brindamour sign a right-of-entry to allow the City to clean the pond and to reestablish the percolation and the turf. Mr. Brindamour indicated that the right-of-entry releases the City from any further responsibility. Peter Beck noted that the right-of-entry is for a one time basis only, but the right-of-entry also states that the City will review the situation if the problem is not solved. The City Administrator read the Street Superintendent's letter explaining exactly what the City would do to correct the situation. Tom Brindamour settlement from another piece property. indicated he is not interested in receiving a cash the city, however, he suggested that the City give him of property which has the same value as his existing Mayor Duitsman suggested that the City not change its original offer to Mr. Brindamour. Peter Beck suggested that Mr. Brindamour review the language and the right-of-entry with his attorney. e COUNCILMEMBER DIETZ MOVED TO GRANT THE SAME OFFER THAT WAS GRANTED TO MR. BRINDAMOUR IN JANUARY, 1993, ALLOWING A ONE TIME RIGHT-OF-ENTRY FOR THE CITY TO ACCESS THE PROPERTY AND CLEAN UP THE LOW AREA IN QUESTION AND FURTHER THAT MR. BRINDAMOUR'S LAWYER BE ALLOWED TO ALTER THE LANGUAGE IN THE RIGHT-OF-ENTRY TO LANGUAGE IF IT IS AGREED UPON BETWEEN THE CITY ATTORNEY AND MR. BRINDAMOUR'S ATTORNEY. COUNCI LMEMBER