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<br />e <br /> <br />6. <br /> <br />In the fall of 1991, the City eliminated a spillway from Lowell Avenue, that a <br />allowed water from the street to Mr. Brindamour's property. <br /> <br />7. On July 20, 1992, Mr. Brindamour is again in front of the City Council <br />complaining about drainage. The City Council at that time directed City Engineer, <br />Terry Maurer, to review the situation. In an attached letter, dated July 30, 1992, <br />Mr. Maurer concurred with staffs previous findings that clay placed on Mr. <br />Brindamour's property by himself is the source of the lack of absorption in the low <br />area on his lot. <br /> <br />8. At the August 10, 1992, City Council meeting, the City Council moved that either <br />Mr. Brindamour clean up the low area himself or grant the City a drainage <br />easement (giving the City rights to access his property) and the City would clean <br />up the area. Minutes from that August 31, 1992, City Council meeting are <br />attached as well as an August 21, 1992, memo from Terry Maurer City Engineer, <br />that was used as background material for that meeting. <br /> <br />9. <br /> <br />The Brindamour drainage issue is on yet another Council meeting on January 25, <br />1993. The minutes from that Council meeting and a background memo from Pat <br />Klaers dated January 22, 1993, are attached. At that meeting, Mr. Brindamour <br />expresses his concern over issuing a drainage easement and the City Council, <br />through consensus, agrees that Mr. Brindamour can grant a one time right of entry <br />for the City to access his property and clean up the low area in question. <br /> <br />e <br /> <br />SUMMARY <br /> <br />Mr. Brindamour bought a lot in Ridgewood East Addition that was part of the former <br />Township of Elk River, in a plat that was approved by Sherburne County, not the City of <br />Elk River. The lot Mr. Brindamour purchased is downhill from surrounding property. <br />Water flowed in the direction of Mr. Brindamour's lot prior to him purchasing it. <br /> <br />Staff feels that the placement of the house adjacent to the north of Mr. Brindamour's <br />property did not take up any ponding capacity that would be used in a 100 year rainfall <br />event. Further, the placement of the house to the north of Mr. Brindamour acts to divert <br />water from the low area on his property. <br /> <br />Staff strongly feels that the current lack of percolation on Mr. Brindamour's property <br />resulted from him placing material with clay in it on the side slopes of the low area in <br />question. Lastly, a spillway that went from Lowell Street to Mr. Brindamour's property <br />has been eliminated by the Street Department, which reduces the amount of water finding <br />its way to Mr. Brindamour's property. <br /> <br />e <br />