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1 <br />COUNCIL MEETING MAY 26, 1992 <br />REGULAR AGENDA <br />OPEN MIKE <br />John Herman, 7859 Lois Lane and Kevin Kroell, 7839 Lois Lane - <br />Mr. Herman explained an issue that has been plaguing him and Mr. <br />Kroell for some time. There is an area of land between their <br />homes approximately 100 feet by 200 feet owned by them that has <br />been collecting run -off water since 1987. Mr. Herman noted that <br />both homes were constructed in 1978 and no water problems were <br />experienced until 1987. However, since 1987 there has been a <br />constant water problem with water sometimes accumulating to 15 to <br />16 inches. A pump was purchased and there was an attempt to pump <br />the water to another area. However, the grass was ruined, trees <br />have been destroyed and the mound septic system of Mr. Herman had <br />to be replaced. Mr. Herman noted that he is still experiencing <br />problems with the septic system. <br />Mr. Herman explained that he contacted TKDA to find historical <br />data regarding the subdivision. He was given copies of maps of <br />existing conditions and elevations. Mr. Herman said he was told <br />by Mr. Schneider, then an employee of TKDA that this was an <br />approved subdivision and some or all of the responsibility for <br />the water problem fell to the City. Mr. Schneider was then hired <br />by the City and Mr. Herman contacted Mr. Schneider again and was <br />told that the problem was bigger than what was originally <br />thought. During this period of January, 1992, Mr. Herman and Mr. <br />Kroell contracted to have dirt hauled into the low area to <br />alleviate the problem of water seeping into his mound septic <br />system. The City stopped the filling explaining that a permit <br />was required and certain engineering data was required for the <br />permit. Mr. Herman was also told that this area may fall in the <br />realm of the new wetland legislation that became effective <br />January 1, 1992. <br />Mr. Herman then contacted the Rice Creek Watershed District <br />(RCWD) to get some resolution regarding the wetlands legislation <br />issue. He met with the RCWD engineer and was told that there are <br />two (2) drainage ponds in the subdivision and all drainage should <br />go to that area. This is not happening near his home because <br />drainage is blocked by a driveway and drainage from five (5) or <br />six (6) lots is now accumulating on their properties. Mr. <br />Montgomery, the engineer from the RCWD states in a letter that <br />this area is not a wetlands concern. Mr. Herman said he did not <br />know that a permit was needed to haul in the fill dirt. Mr. <br />Herman and Mr. Kroell asked the City Council for cooperation in <br />seeking relief from this water problem. <br />Mr. Kroell explained that there are two (2) issues in this <br />matter. The first issue is gaining positive drainage from this <br />PAGE 2 <br />31 <br />