Minutes - Council - 06/12/1990 - Laserfiche WebLink

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COUNCIL BUSINESS Case ;ti: Review Status of Juniper Woods Addition Drainage Mr. Merland Otto stated that to resolve the drainage issue in Juniper Woods Addition, staff is recommending that storm sewer be constructed from Lot 1, Block 5, Rum Acre Estates, to thc pond in Juniper Woods, retaining the pond on Lot 1, Block 5, Rum Acre Estates with some reshaping of its slopes and the planting of native grasses and wild flowers. Thc estimated cost of this option is $8,500.00. Mr. Otto noted that the storm sewer contractor will be working in the area on June 13~h and advised City Council that if this option is acceptable to them, that they approve a change order this evening to avoid thc additional cost of calling the contractor back to the site. With respect to liability, Mr. Goedrich indicated that the City's responsibility in this case is no different from any other ponding area the City has. The City has a responsibility to maintain a facility for its intended use; if it doesn't serve that purpose, the City will incur liability if property is damaged. Upon inquiry, Mr. Goodrich also noted that if the drainage easement were removed on Lot 1, Block 5, Rum Acre Estates, the lot could be developed assuming it is buildable. Motion by Councilmember Pearson and seconded by Councilmember DeLuca to select Alternative "A" as presented by the City Engineer, which alternative includes construction of storm sewer from Lot 1, Block 5, Rum Acre Estates to the intersection of 151st Avenue N.W. and Tonto Street N.W. and northerly to the pond in Juniper Woods and construction of a swale on the north edge of Lot 1, Block 5, Rum Acre Estates from the intersection of 151 st Avenue N.W. and Juniper Ridge Drive N.W. to the proposed storm sewer outlet. Further discussion: Councilmember DeLuca inquired if it could be guaranteed that if Lot 1, Block 5, Rum Acre Estates were filled in, it would percolate as it did before without the pipe. Mr. Otto replied that he did not know if there could be a guarantee that the lot would function exactly the way it always had. Mr. Hartley indicated that if the water doesn't percolate, it will go into the storm sewer pipe and on to the next pond. Mr. Hartley stated that as an effort to satisfy the residents of Rum Acre Estates and because the engineer's feel the lot might not function as it did before, it is necessary to put in the storm sewer pipe. Councilmember Cich inquired if there were ever drainage problems on this lot before the construction of Juniper Woods. Mr. Otto replied that there were times when the water would back-up on to the street. Councilmember Cich inquired as to how much fill is proposed to be added back to the ponding area. Mr. Otto replied that after the fill is added, the pond depth would be approximately five to six feet deep. Dorothy Stadfelt of 15111 Juniper Ridge Drive stated that the abstract on her property indicates that no soil and gravel shall be removed from this subdivision and no activity shall be on Lot 1, Block 5, which may become an annoyance. Mr. Goodrich replied that the. Architectural Control Committee for Rum Acre Estates is entitled to interpret that provision and take action that they deem appropriate, including bringing civil action against any violation of the covenants. Jean Schlueter of 15011 Juniper Ridge Drive inquired as to what point in time the City Engineer and the Developer determined that they could infringe on an already platted area to solve a drainage problem within a new subdivision. Mr. Otto replied that any time a new subdivision is reviewed it is done so in accordance with surrounding subdivisions; storm water ponds may serve more than one subdivision. Jean Schlueter inquired if a new subdivision isn't obligated to take care of its own drainage problems. Mr. Otto replied that City Council/June 12, 1990 Page 5 of 13