1988-03-08 - Laserfiche WebLink

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I I I Council Meeting Minutes March 8, 1988 Benke stated the presumption is that Birch Pond owners benefit to the extent that they protect themselves from future liability for damages should someone be damaged because they interrupted the flowage of the water. Mark Murlowski, Bel Air Euilders, reconstructed the chain of events that occurred before the development was approved through the city (received approval from the city on the engineering, Rice Creek Watershed District, and the Department of Natural Resources approved); stated they were instructed to make every bit of water attributable to that six acres remain on that acreage and if it left that six acres, it was to be treated and handled and then, at a certain rate, leave the site for other areas. Bel Air assumed the city would have taken the same precaution with other develop- ments and doesn1t see that taken care of north of County Road E. Asked if the residents and property owners north of County Road E should have taken care of their own runoff. Proper stated we are asking them to take care of it at this time through the assessment process; the drainage system put in by Birch Pond takes care of the water on their site, not the natural drainage system that came through this area originally which we are trying to take care of through this project. Murlowski believes a solution would be an on-site retention by those on the north. Wally Euglem, Birch Pond, believes the problem will not be resolved by the proposed system; but suggested Aspen Glen could put a concave in the asphalt surface to force the water to run into the catch basin west of Aspen Glen1s driveway. Proper stated the city has been working with Aspen Glen; they will be redoing all of their paving and will be bringing some leads off the catch basin further back on their driveway; but that is not shown as part of the proposed project. Mike McKenna, Realty Management Services representing the Aspen Glen development, stated they have been experiencing difficulty within the development and need to know what the city will be doing; indicated the Birch Pond area had been collecting water for many years prior to construction; believes any solution should be paid for through assessments by the property owners of Birch Pond as well as other beneficiaries; and Aspen Glen is not creating the water. John Stengline, Bel Air Builders, indicated if Aspen Glen had been required to have approvals of the Rice Creek Watershed District, etc. to take care of its water as Birch Pond was, that would have alleviated the problems. Larson asked if continuous drain grades were installed across the driveways to the north would collect enough water to prevent this problem; Proper indicated it would not because the pipe will not take any more water. Page 7