09-20-1999 WS - Laserfiche WebLink

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SEP - 1 6 - 99 T H U 7 : 15 MIKE B E R K E P 0 1 Silver Lake Woods Homeowners Association !+ ,•i..04ewood,l 2615 Lake Court Circle Mounds View, Minnesota 55112 momily September 14, 1999 Chuck Whiting VIA FAX City of Mounds View Mounds View, Mn 55112 Re: City Utilities for Silver Lake Woods Homeowners Assoc. Dear Mr. Whiting: As president of SLWHA I would ask that you submit my request to be heard at the next City Councils work session to review our Associations request for the City of Mounds View to service their underground utilities in our Association. More specifically,to repair two storm sewer drains which are in need of immediate repair. It is our opinion as well as our legal counsel,that maintenance of our storm sewer and other underground utilities is the responsibility of Mounds View. As you are aware this problem came to surface this summer when a resident noticed two storm sewers were caving around the drain area. We called the City and the street crew came out to repair. When they drove away, after the repair was made,they drove over the storm sewer grade they had just fixed and it caved in again. Tim from the streets department was sent out and advised us that since we own the streets we were responsible for all repairs. I was unaware of the fact the Association supposedly owned the streets. I called our legal counsel and they instructed me that in 1993 a contract was signed between the City and SLWHA which stipulates the City will maintain the street surface including plowing but any major repairs will be born by the residents of SLWHA. The purpose of the contract was to make the day to day repairs and major repairs be like any other public street. Your Sewer and water people interpreted this contract to include underground utilities which include storm sewer as the responsibility of the SLWHA. I argue the contract in its definition of road means clear and simple,roads. If you review Websters Dictionary, road has nothing to do with Sewer or underground utilities, so how the interpretation of roads meaning underground utilities is beyond me.. I was told one reason the City was not responsible for the storm sewers is because they need an easement across our property to Silver Creek Lake. Since the repair of the two sewers is$750.00 I made what I thought was a logical offer, that if the City of Mounds View would repair the storm sewers in question,we would pay for an attorney to provide an easement to the City of Mounds View. The Sewer and Water department came back and said if we pay for the damage plus an inspection of all existing sewers and the easement,the City would be gracious enough to repair and maintain the sewer system like any other resident of Mounds View from that date forward. This is completely unacceptable to our Association. Our legal counsel, who was instrumental in drawing up the original"road"document says he has"boxes"of notes pertaining to the streets involved