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ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 <br />STORM SEWER SYSTEM-NAVARRE HEIGHTS AREA CONTINUED <br />been a Livingston Avenue resident for two and half years. He <br />said, "We have watched the water problem from the time we moved <br />in. It is a substantial problem. We have considered selling our <br />home recently, but the water problem poses a drawback. There is <br />usually a lake in front of the Cuff's residence and it extends to <br />our property. That is not appealing to perspective buyers. The <br />water is ruining our driveway. It takes very little rain for a <br />lake to form. We whole-heartedly support an underground system <br />if that will solve the problem. I have seen the water in the <br />Cuff's basement whenever it rains. If I were in their shoes, I <br />would also be asking the City for assistance. Something must be <br />done." <br />Mr. Chet Versailles, 3472 Livingston Avenue, stated that he <br />too has lived on Livingston Avenue for two and half years. He <br />said, "We have been investing money in our home and have seen <br />other neighbors do the same thing. As time went by, we realized <br />that thert= is a water problem at the end of the street. I think <br />the Cuffs have a legitimate concern and I would like to see <br />something done. I signed the petition supporting this project." <br />Mr. Harvey Reder asked what rights and responsibilities a <br />property owner has in relation to drainage coming off of his/her <br />property after purchasing it. <br />Barrett replied, "The law in Minnesota states that a <br />property owner is allowed to reasonably divert the flow of water <br />from his/her property to the property below. The question is <br />whether the diversion or the action taken to move water off of <br />the property is reasonable." <br />Mr. Reder asked, "Shouldn't a person be required to re-grade <br />his/her property so that water continues to flow as it has in the <br />past?" <br />Barrett replied, "That really depends on whether or not the <br />diversion of water from the property has been reasonable and <br />appropriate. The property owners upgrade must act reasonably <br />toward those persons with property at lower grades." <br />Mayor Grabek asked Mr <br />relating to the Cuffs. <br />Reder if he had a specific question <br />Mr. Reder asked, "Was it reasonable for Mark and Karen to <br />re-grade their lot and not provide seeding or sod to slow the <br />water flow from the property?" <br />Mayor Grabek stated that such a question could not be <br />answered at this time without further review. <br />There was no further comments from the public and Mayor <br />- 2 -