10-19-93 CCM - Laserfiche WebLink

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OCT 01 193 15:11 TKDH & ASSOC., INC. 29r_-008.3 P.10 F Honorable Mayor and City Council October 1,1993 Page 2 3. V13"C D and Barr Engineering Barr explained that their criteria for "no increase in rate" when dealing with municipal boundaries is to look at the entire length of the municipal boundary and limit the discharge across the boundary to th4:jgd flow crossing a boundary before development. As I understand it, this would allow a municipality to alter the location of flow, even to a location where it had not gone before, as long as the lQtal flow crossing a boundary would not change, An exaggerated example of this principal is if the Olson Lake Trail culvert flowed full once each year under present conditions, additional area could be directed to this culvert so that it would flow full all year-round so long as the rate did not increase. The plan reviewed and approved by the VBWD was also dated December 27, 1988, The permit allowed the central pond construction and the outlet construction. The permit lists 966,9 as minimum building elevation. 4, City of Oakdale Carl Peterson and Associates has a good relationship with the City Council. The City does not inspect the pond construction themselves but rely0on a certification by a registered land surveyor as to the "as -built" conditions. The City became aware that the developer had changed the grading plan on the south and of the pond to create more back yard on two or three lots. This plan was revised dated January 28,1993 which was Afta all permits were issued, The City does not check building elevations routinely and acknowledges some homes got built too low. The developer has a different interpretation of what minimum building elevation means. During these past high pond water conditions, the low homes experienced no water damage; but the sump pumps did turn on. All new homes in Oakdale are required to have drain tile and sump pumps, Oakdale does not anticipate asking for any alteration of the operating levels of this pond on account of the lower than planned basements. The developer's letter of credit has expired. 5. Conclusions The DNR has asked for an independent survey of the central pond to determine whether the pond has the volume as originally planned. If it does not, they will ask the City of Oakdale to restore it to its original planned elevations because the City now owns the outlot containing the pond, The DNR and COE may commence action against the developer for altering a wetland without permit by changing the grading plan at the south -end after the permits were approved.