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Council Meeting Minutes January 26, 1988 I gineers for the ReWO) to evaluate what is going on in the area; Harstad Companies will send the report to the city and to the neighbors within the next few weeks. Benke stated it would be helpful to have a fresh look; how do we be sure it will not happen again. Gunderman asked, if the drainage plan and the specifications are all laid out, where the liability falls. LeFevere stated New Brighton's mechanism is typical of most cities ordinarily the enforcement mechanism and explained that, in the initial stage, is in the building permit process. LeFevere fur- ther commented that conditions attached to a plat typically are not enforceable after the plat is approved, and it would take some other enforcement mechanism to be sure the grading plan is not changed in a way that is detrimental to the neighbors. I LeFevere also stated cities are reluctant to get involved in what are minor changes in grade, contour, or elevation in a way that doesn't affect the public at large, but is really a private nuisance, unless it actually blocks a waterway or interferes with the city's drainage plan. LeFevere further stated that ordinarily cities do not become involved in relationships between neighbors. LeFevere stated there is a potential problem if the city gets in- volved in minor changes in such a way that decisions don't protect another owner, the city could be involved for issuing the permit or not properly protecting another homeowner. LeFevere indicated there a provision that prevents the blockage of a water course which would be a public nuisance. LeFevere stated the city issues permits for fill of more than 100 cubic yards; if the city wishes to have more control, it can re- duce to less than 100 cubic yards. Benke stated it seems logically inconsistent that, if we have to give approval then have no control of subsequent action, the con- tract upon which we granted that approval is violated. LeFevere stated you may have something to say about it when the developer is still on the site; but noted the plat conditions are not continuing conditions on the use of that land. I LeFevere stated it is a potential problem, but the original idea was that the city protects itself in a number of ways (underground storm water run off systems and ponds which the city controls, and the requirement for excavation and fill). Gunderman stated a wheelbarrow full of dirt can block a drain; LeFevere stated that would block a natural waterway or a water course as established by the planning a drainage easement for the city. Page 7