03-25-1991 Council Packet - Laserfiche WebLink

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t.;. The Honorable Mayor Peterson and Members of the City Council March 20, 1991 Page 4 On December 10, 1990, the Council scheduled to make a final determination on the project. Alter no less than five meetings, the Council had all tht* Information it needed *.o ma.’.e a decision. On the eve of the Council meeting, the Counc.i.1 received a letter from Robert Mitchell, the opposing neighbors attorney. Although the letter was filled with the same unsubstantiated allegations the Council had previously heard, the council tabled the matter nonetlieless. Due to City-wide elections, and the parties' schedules, this matter will not come before the Council for a final vote until Mar„* 2‘j, 1991. It was my clients' hope that the dtainage problems would be remedied before their Property suffered further water damage. Unfortunately, during the Cuffs' quest to obtain approval for the Project, the Property has suffered severe water damage. In order to c iblish the cause and effect of the water damage, the Cuff retained a mechanical structural and geotechnical engineer. The engineer concluded that the basement structure of the Cuffs' home has suffered severe water-related stress damage. The engineer further concluded that the dra.inage is the result of surface waters and ground waters which result from the stream-like flow arouiid the house during periods of rain and thaw. The Cuffs are in the process of having their foundation repaired. The cost of the repairs exceed $15,000. The Cuff's have worked with the city to come up with less expensive solution to the drainage problem. The City has steadfastly refused to build a storm drain at its expense, or to alleviate the drainage problem on the Property by some other, less expensive alternative. The City's position lies in the face of its knowledge that the proposed storm sewer system will alleviate the drainage problem for the Cuff's Property as well as other properties West of County Road 19 and Noiv-h of County Road 15. Because the cost of the City's proposed sewer system is exorbitant, and bcy^r'J the Cuff's mear.s t«i pursue tnemselves, the Cuff's feel : t their only hope lies in the hands of the members of the City Council. At this time, the Cuff's rt est that the City Council vote to assess all property o lers witnin the drainage district and construct the proposed storm sewer system. We are aware that the City's histo»"* al position i* that all operty owner's must take care of individual flooding ;>ioblems themsc-ivcs. However, the City Council's decision in this case must take into account the unique facts J