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ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 <br />• LIVINGSTON AVENUE DRAINAGE CONTINUED <br />extensive testing done. He said that he and the Cuffs had <br />discussed the test results with City staff. Mr. Gleekel reviewed <br />the information in his letter regarding representations that had <br />been made to Cuffs regarding the property. He said that his <br />clients' backs are against the wail and they have exhausted all <br />options. He requested that Council allow the storm sewer project <br />to proceed. <br />Councilmember Nettles asked the Cuffs how long they had <br />resided next to the vacant lot before deciding to purchase it. <br />He asked whether they had observed the runoff draining through <br />the property. <br />The Cuffs indicated that they had lived in their house two <br />years. Due to the overgrown nature of the lot, they did not <br />notice water running through the property. Ms. Cuff stated that <br />at that time they had no problems with water leaking into their <br />basement. <br />Nettles asked whether a change had occurred in the area to <br />cause water to now be leaking into Cuff's basement. <br />Gerhardson replied that nothing had changed since the Cuff's <br />purchased the property. He said it is his opinion that a <br />drainageway has always existed on that vacant lot. He noted that <br />• at one time a culvert had been placed in the street. However, it <br />created more drainage problems and was removed. <br />Nettles asked whether there were any other less costly <br />options available to solve this problem. <br />Gerhardson stated that staff has reviewed this matter over a <br />period of several years and has found no other solution. <br />Mr. Gleekel stated that the Cuff's could not put in a pipe <br />themselves because of the liability they would have should the <br />runoff drain onto a neighboring property. <br />Nettles was sympathetic to the Cuff's problem, but did not <br />feel that the City had made any misrepresentations regarding the <br />property. <br />Mayor Grabek agreed that the City should continue to look at <br />possible solutions to this, but did not wish to commit City funds <br />to solve the problem. <br />Mr. Gleekel asked Council to vote to either approve or deny <br />the undertaking of a storm sewer project. He said that the <br />matter has been pending for a considerable time period. <br />• City Attorney Barrett advised Council that there is nothing <br />- 19 - <br />