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s <br />MEMO TO: MAYOR AND CITY COON <br />FROM: CLERK —ADMINISTRATOR <br />C DATE: DECEMBER 29, 1986 <br />SUBJECT: ARDAN AVENUE STORM WATER RETENTION POND <br />In 1979 the Gale Addition (Exhibit I) comprising six lots with <br />five of those being new lots facing Arden Avenue east of <br />Groveland Road was approved by the City- footdrainage was a requirement that there be a forty 8e andutility <br />easement (Exhibit II) along the south property line of the five <br />new lots. This easement was intended to serve as storm water <br />retention pond for these lots with an emergency overflow onto <br />Groveland Road. <br />The subdivision was developed per the requirements of the City <br />and all five lots were built on shortly thereafter. To the best <br />of our knowledge, the ponding and drainage system functioned <br />properly and residents were not experiencing any direct flow of <br />water into their homes as a result of the pond. <br />In 1984, Mr. Rod Kirtz, 2808 Arden Avenue, applied for a permit <br />to build a swimming pool in his rear yard which would encroach on <br />his easement. After receiving unofficial direction from the <br />Planning Commiae.'.n and City Council that a variance would not be <br />hment, Mr. Kirtz <br />suchted thatothelow poolhwouldrbeccompletely withinrthesbuildable <br />ens <br />portions of his rear yard and east aide yard. Also, Mr. Kirtz <br />graded a portion of his west side yard in order that it might <br />serve as a supplementary holding pond due to the filling and <br />addition of impermeable surfaces needed to construct the pool. <br />It should be emphasized that the work performed by Mr. Kirtz did <br />not affect the overflow serviceability of the retention pond in <br />the rear of the five lots. <br />In late October of this year, while the soils correction for the <br />Groveland Park t.nnis courts was ongoing, Steve Rose was <br />approa,thed by a member of the excavation crew and asked if it <br />would be okay to provide a load of the excavated material to <br />Mr. Casey, 2816 Arden, to fill in low spots and top <br />per rdress hiseuch <br />yard. In view of the fact that the City <br />has activity, only major filling or grade changes, Steve Rose said <br />that it would be allright. <br />The next day Steve Rose discovered that more than one load of <br />filin Mr. <br />y's yard and <br />waslhad beingbplacedmindthe areaCofethe easement and the holding material <br />holdingpond. <br />After discussionv with Steve Thatcher on what should be done, <br />Steve Rose and Brian Hoffman met with Mr. Casey and learned that <br />he intended to use the material to regrade his property in order <br />to prevent what he perceived was water from the pond getting into <br />