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DRAINAGE EASEMENT FILLING By: Steve Jankowski, City Engineer Background: I received a telephone call from a neighborhood resident indicating that a ponding area located at the northeast terminus of Helium Street in Pondvale Second Addition was being filled. This easement over Lots 1 and 2 of Block 2 was dedicated on the plat of the Pondvale Second Addition which was recorded in 1984. Todd and Jennifer Asmussen are the fee owners of these two lots along with Lot 3, which is the site of their residence. A copy of the plat illustrating the lots and the drainage and utility easement is attached. After verifying the filling by a site visit, I phoned Mrs. Asmussen on September 1, to advise her that the filling was inconsistent with the City's easement fights and requested that further filling cease and that the fill placed be removed. A letter, a copy of which is enclosed, was sent certified mail after review by the City Attorney. Also enclosed is a sketch of the approximate area filled super imposed on a pre-fill topographic aerial photo of the site. The fill placed appears to be mostly sand, but some dark seams observed on the edge of the fill suggested that some topsoil may be included. Some of the material filled may have been excavated from the pond bottom. The fill placed has been leveled nearly flat and the fill edge has a nearly vertical face with ranges between four to seven feet in height. Recommendation: The concerns of the Asmussen's should be clearly defined, and direction should be given to staff as to how those concerns should be addressed. However, the volume of the ponding area should not be reduced since an overflow may cause flooding over the adjacent property to the east for which the City has no easement rights. Committee Action: Based upon discussion. Reviewed by: Copies also distributed to: City Engineer City Administrator Director of Public Works Todd and Jennifer Asmussen R&B: 09/16/98 Jo/Estt!tFill. doc