03-25-1991 Council Minutes - Laserfiche WebLink

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REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#2)NAVARRE HEIGHTS DRAINAGE CONTINUED This problem is not just the Cuff's but is experienced by other neighbors with low - lying properties. The problem is that the neighborhood is old aced requires more infra - structure than what was installed when the neighborhood was first developed. We would like to see the Council vote to order the bids on this project." Peter N:iesen, 3533 Livingston Avenue, stated that there are a number of low spots in the Livingston Avenue area, and that he would rather s:;e the City approach this problem in a comprehensive manner. He said, "Those of us opposing the project: do not feel that it will benefit us and object to a plan that will basically relocate the problem." Karen Schriver, Attorney with Lindquist and Vennum, stated that she was present on Bob Mitchell's behalf, and represented the homeowners opposed to the project. She said, "I would like to reiterate that this is an old neighborhood and the street has had low spots for a long time. There are solutions to the drainage problem other than installing drainage pipe. One solution is to allow the water to continue to flow over the land as it has for years. Lot 17 has been a low -lying area for some time. The common law in Minnesota is that you allow water to flow downhill. That is what has been occurring acid should continue to occur. If there is in fact additional pending problem, it is the neighbors' viewpoint that most of that is due to erosion that has occurred on the Cuff property, and that the Cuff's have not addressf�d the problem by providing proper landscaping. I would venture to say that if the Cuff's home was constructed prior to 1950 and is just now experiencing foundation problems from water, that perhaps the water problem did not worsen until the grade on Lot 17 changed. Regarding the property may solve the problem w..thout the need to assess the entire neighborhood. There are several elderly people n the neighborhood who cannot afford the special assessment costs. Tide neighbors should not have to take responsibility for the Cuff's problem. The Cuffs should have been aware of the water problem on Lot 17 prior to purchasing the property because they live adjacent to it." Beth Escher, 3556 Livingston Avenue, stated that the Cuffs were aware that the house they purchased is located in a low spot. Sine said, "A lot of factors go into determining a purchase price. It is up to the buyer to determine what you can and cannot live with. The project does not benefit the majority of the neighbors that would be assessed. It will only benefit a few homes, but is being spread out to cover quite a large area." Shirley Spalding, 3508 Livingston Avenue, stated that her property is located uphill from the Cuff property. She said, "I x.