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City Council Minutes Page 3 <br />July 5, 2005 <br />----------------------------- <br />view and now the view is gone. He stated that they wanted to come to Elk River because it <br />was beautiful but now they may chose not to. <br /> <br /> Councilmember Motin questioned if the pipe can be raised to allow two-feet of water back <br />into the pond. Mr. Maurer indicated that it cannot because it would compromise the way the <br />drainage system was designed and other areas of the development would flood in a large <br />rainfall event. <br /> <br /> Holly Larsen, Brooklyn Park - stated that the system drained efficiently once the city staff <br />unplugged the pipe and so she believes it would drain efficiently in a 100 year rain event. <br /> <br /> Mr. Maurer explained again how the system was designed and why the water level can only <br />be raised to about one foot. <br /> <br /> Mayor Klinzing stated that the Council cannot take action that would cause drainage <br />problems for other houses in the area. <br /> <br /> Councilmember Motin indicated that he is disappointed that it took the city so long to fix <br />the problem. <br /> <br /> Councilmember Dietz questioned if the DNR should have been notified that the drainage <br />was going to take place. Mr. Maurer indicated that he didn’t believe they would need <br />notification because they are aware that the pond is actually a type 3 wetland but he will <br />contact them. <br /> <br /> MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY <br />COUNCILMEMBER FARBER TO SEND A LETTER TO THE COUNTY <br />ASSESSOR INDICATING THAT THE TROUT BROOK FARMS POND WAS <br />DESIGNED AS A TYPE 3 WETLAND FOR DRAINAGE/DETENTION AND <br />WAS NOT INTENDED TO BE AN ACTUAL POND AND THAT IS <br />PROPERTY VALUES WERE ASSESSED HIGHER BECAUSE OF THE POND <br />VIEW, THEY SHOULD BE RECONSIDERED. MOTION CARRIED 5-0. <br /> <br /> Councilmember Motin questioned if the wetland could be dug deeper to hold more water. <br />Mr. Maurer indicated that in theory it could be dug out to be a type 4 wetland but that it <br />would be difficult to get equipment in there to dig. He also indicated that a permit would be <br />needed from the DNR and the Corp of Engineers. Mr. Maurer stated that the Corp of <br />Engineers does not give permits easily for type 4 wetlands. <br /> <br /> Mayor Klinzing questioned who owns the property. Mr. Maurer stated that he believes it is a <br />small outlot owned by Trott Brook Farms with easements which allows the city the right to <br />go in and maintain the drainage pipes. Mayor Klinzing apologized if the residents were led <br />to believe this was an actual pond rather than a wetland but she stated that the city has <br />corrected the drainage problem and the Council will write a letter to the County Assessor <br />regarding the property values in the area. <br /> <br />5.1.B. Update on Upland Avenue Sidewalk – Jim Raivala Property <br /> <br /> City Engineer Terry Maurer explained that Mr. Raivala’s property is part of an Auditor’s <br />Subdivision and a portion of his property description goes to the centerline of Upland <br />Avenue and that the city would have prescriptive rights to rebuild the roadway in this area <br /> <br />