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Minutes - Council - 11/03/1982 - Special
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Minutes - Council - 11/03/1982 - Special
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Meetings
Meeting Document Type
Minutes
Meeting Type
Council
Document Title
Special
Document Date
11/03/1982
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have written a letter to Mr. Hendriksen, but have not received an answer. <br />The County Attorney also said that he was informed by Mr. Hendriksen's attorney <br />that there is a counteroffer in process. <br /> <br />Mr. Hendriksen stated that he is still waiting for an answer to the drainage <br />problem, that the County is trying to combine the issues of condemnation and <br />drainage. <br /> <br />Councilmember Cox stated that regardless of attorneys and litigation, the County <br />has no right to come into the City and create a problem. <br /> <br />Mr. Raatikka stated that the County Engineer is ready to correct the problem, <br />but has been advised by County Attorney not to do so until Mr. Hendriksen and <br />his attorney are in agreement with the County's offer. <br /> <br />Mayor Gamec commented that this situ@.tion seems to be a problem with communi- <br />cation between the attorneys. <br /> <br />Mr. Hendriksen commented that the County Attorney is not doing his job and <br />that he refuses to say just how the drainage problem is going to be corrected. <br /> <br />Councilmember Cox questioned how the County can think they are God Almighty <br />over the City -- that the County is not cooperating in regards to a driveway <br />that was supposed to be removed on County Rd. #56 (Case of Mr. Duane Lee). <br /> <br />Mr. Hendriksen stated that he attended a County Board Meeting and they promised <br />him that a meeting would be set up between County, Ramsey and himself to <br />resolve this problem, and nothing has happended. He also stated that the <br />County is draining water onto his property and they have not even requested <br />an easement. <br /> <br />Mayor Gamec stated that if Mr. Hendriksen and his attorney cannot get the <br />County to address the drainage problem, Mr. Hendriksen is going to have to <br />S ua. <br /> <br />Mr. Hendriksen replied that there are laws against draining water onto my <br />property and it is Council's obligation to enforce those laws. <br /> <br />Mr. Berg stated that there is no City Ordinance regarding drai. ning water onto <br />someone's property. He also stated that the County is not violating a law, <br />that they are violating Mr. Hendriksen's property rights and that is why <br />Mr. Hendriksen would be obligated sue, that Mr. Hendriksen's property is not <br />City property. <br /> <br />Councilmember Cox replied that in every aspect, when the City tries to get <br />the County to cooperate, the City gets a domineering exhibition of power. <br />There should be some Council action taken requesting the County to resolve <br />this drainage problem on Mr. Hendriksen's property. <br /> <br />Mayor Gamec and Mr. Schnelle informed Mr. Hendriksen that this matter is a <br />civil issue and it is up to him to sue the County if necessary. <br /> <br />Mayor Gamec also stated that the longer Mr. Hendriksen and his attorney delay <br />firm action, the better the chances are that the problem will be taken care <br />of by condemnation and then the property owner loses out. <br /> <br />Councilmember Sorteberg stated that before the City spends anymore time on <br /> <br />Sp C/November 3, 1982 <br /> Page 2 of 5 <br /> <br /> <br />
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