10-22-2003 Council Agenda - Laserfiche WebLink

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COMMUNITY PRIDE 1953 — 2003 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 wwwci.little- canada.mn.us MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Greg Schroeder, Public Works Director DATE: October 16, 2003 RE: Schmidt /Sprosty /Kerr Swale MAYOR Michael I. Fahey COUNCIL Jim LaVatle Matt Anderson Rick Montour Bill Blesener ADMINISTRATOR Joel 12. Hanson. Attached is an excavating permit to construct a swale at the intersection of the rear property lines of 627 Keller Parkway and 2718 Edgerton Street. This proposal is very similar to that which was approved for this site several years ago, except that the City will not dig the swale as originally proposed. Background As you may recall Jack Schmidt's suit against the City and his claim that a pond was eliminated by the Kerr's (627 Keller Parkway) as part of the construction of their new home. The City issued the filling and grading permit that allowed this to occur. (We also involved the Ramsey/Washington Metro Watershed District in the approval of this permit.) The City also vacated a drainage easement covering this same area. What was unknown to any of us is that Mr. Schmidt had installed a drain tile into this area to give the low area of his lot an outlet (this installation occurred many years previous to the filling activity). His installation was undertaken without any approval, knowledge, or permits of the City based on the records we reviewed. We had worked with the involved property owners (Schmidt, Sprosty & Kerr) at the time this issue initially came to our attention. We thought we had an agreement to resolve the matter, but Mr. Schmidt would not release all parties from his claims. The matter then fell apart and Mr. Schmidt initiated a lawsuit against the City, Watershed, and Kerr's. After considerable discussion between the various parties, we returned to the approval of an agreement. The proposed agreement was very similar to that which we approved a couple of years ago. Essentially, we (the City) dig the hole for the swale (pond) and the property owners establish turf and provide on -going maintenance. The City has no further role in the matter. We are also released from claims associated with this issue. There is also an acknowledgement that the adequacy of the swale to eliminate flooding is not being represented by any of parties to this agreement. The Council approved this proposed agreement in May 2003, however all involved property owners have never executed it. PI: \GregS \Pi 11 Permits \Schmidt- Sprosty• -Ken Swde.dos