Minutes - Council - 07/26/1994 - Laserfiche WebLink

Home

has been added - Rychly's driveway. Mr. Hendriksen cOntinued that the 1973 aerial photo shows that Rychly's driveway has expanded and major excavation was done to this pond, forcing all the water to go south. He noted that the first pond has been constructed across the ditch, It appears there is an outlet for the pond into the ditch on the north end. From the 1977 photo, it appears there has been additional work on Rychly's driveway and the pond area. It also appears that the first Lewis pond is being constructed. Mr. Hendriksen continued with a 1981 aerial which showed his buildings and also that this area continues to appear it's being expanded. The Swanson and Lewis ponds are very noticeable. He pointed out an approximate area where 153rd Avenue N.W. comes through, cutting off drainage from the north. The Rychly driveway is from the north. He stated that the 1985 aerial shows a major expansion in the ponds and diking activity. The wet area appears and you begin to notice some swamp grasses. There are no culverts at this time. The filled road is visible and drainage from the north is still cut off. He explained that the 1989 aerial photo shows that four district ponds are visible from excavating and Mr. Swanson has done some trenching. He stated that the last aerial shows the 153rd Avenue N.W. alignment. It shows ponds have been created and the dams across the drainage ditch are almost visible. John Gobernatz's corner was wetland, it's been filled in. The City says that Mr. Gobernatz did the filling and Mr. Gobernatz says that the City did it. This is the corner of 153rd Avenue N.W. that has flooded. Mayor Gilbertson suggested that the water table is high in that area. Mr. Hendriksen stated that the water table is higher because the outlet is cut off. He handed out 13 documents detailing the history on this drainage issue. He summarized a note from Pete Raatikka and letter to Mr. Raatikka, also a similar letter to the City Attorney Bill Goodrich and Mr. Goodrich's response. He added that he was told that a feasibility study would not be available; however, he received one. One of the exhibits showed the request by Betty Tilleskjor for a culvert, two documents detailed what grading has been proposed. The February 14, 1989 minutes and the adopted resolution to obtain waivers of trespass to complete the minor grading, were included. A letter dealing with the legal aspects of this issue was included in the handouts from Mr. Hendriksen also. He stated that the fact that the City started a project and abandoned it is significant in court (nuisance, neglect and trespassing). Mt'. Hendriksen stated that he hoped he and the City could come to some agreemeat and that court would not be necessary. Mayor Gilbertson stated that Council had never seen some of the items presented tonight but that also the MarkHurd mapping had not been received. Mr. Hendriksen stated that there is a great deal of documentation that indicates what the City said it would do. I-te commented on the documentation of the City having to have legal access and obtaining permits, this is not new to the City. Mr. Hendriksen stated that the City has the street and no drainage and he is the one who is suffering. A portion of the drainage onto his property is the City's drainage. He added that instead of just stopping the project, Staff should have come back to Council to state what additional things had to be done to take care of this. He commented that the wetland 250' into his property is a gross error, the distance that drains into that area is 650', not 250'. The City had a crew of surveyors who did a very detailed survey of the area. The City has all the elevations; it was done many years ago and has not changed. MarkHurd surveyors were out on Ramsey Boulevard N.W. just today; therefore, it will be a long time until the City has the results. He felt the only reason to wait is for the sole purpose of delay. Mayor Gilbertson stated Ihat the Council is not trying to delay. Council has just been given a lot of information amt that he wanted to be able to review it all. City Council/July 26, 1994 Page 12 of 27