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Home My WebLink AboutRe: drainage problem/1999 s CITY of ORONO a F► ti Municipal Offices Street Address: Mailing Address: g' 2150 Kelley Parkway P.O. Box 66 •�EsBo Orono, MN 55356 Crystal Bay, MN 55323.0066 July 28 1999 Mr. Tom Grundhoefer League of Minnesota Cities 145 University Avenue St. Paul MN 55103-1200 Dear Mr. Grunhoefer; Attached you find correspondence regarding a drainage problem along a public street, Vine Place. This situation may result in a claim for damages or legal action, so we would like guidance on this from the League of Cities Insurance Trust before proceeding any further. The resident purchased the home several years ago and began complaining about drainage problems. In 1997,the street was overlaid with about 3" of blacktop. We do not have any survey information, but our overlays generally do not change drainage patterns. We just add additional pavement to the existing street. We have reviewed this situation and believe that no changes are warranted to the drainage patterns. i The water currently drains overland toward the Forest Lake Channel. The City's long standing storm water policy is to limit hardcover and direct pipe discharges to Lake Minnetonka. The intent is to filter water before entering the lake by draining across natural surfaces before discharge to the lake. It may be possible to install catch basins and a storm sewer pipe to convey the street drainage directly to the lake,but this would be in conflict with our policy of limiting direct discharges to the lake.Our position is that this drainage situation has existed for many years,and we are not interested in making any changes just because the property is at the bottom of the hill. The property owner has an attorney involved and indicated that he may pursue legal action if the problem is not corrected.He is demanding a response,and has been informed that we will have this issue reviewed by the City's insurance carrier before submitting a response.. We would greatly appreciate a review of this situation and any guidance that can be provided. Telephone(612)249-0600 • Fax(612)2494616 I Thank you for your assistance in this matter. Please contact me at 612-249-4621 regarding this situation. Sincerely Gregory A. Gappa Director of Public Services i Enclosures; O DKAF O, O == R CITY of ORONO Municipal Offices Street Address: Mailing Address: ' Hp4 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 July 28, 1999 Mr. Tim Landon 1375 Vine Place Mound,Minnesota 55364 Dear Mr. Landon: We have reviewed the drainage situation on your property and have retained Bonestroo Engineers to complete a topographic survey of this area. A review of this survey shows that the low point on Vine Place is located adjacent to the southern loop of your driveway. I have also attached a copy of the City's 2 foot contour aerial photography mapping. A review of this mapping shows that your house is located near the bottom of a large hill. With the hill area to the north,the historical drainage has always been across the property toward Forest Lake Channel. The channel's normal water elevation is 929.40. The lowest elevation shown on the topographic survey is 930.76. The elevation of the southwest corner of the walkout basement is 932.13 which is only 2.73 feet above the channel's normal water elevation. Based on a review of the attached mapping,it is not surprising or unusual that water drains across your property and that the yard and basement may be wet at times. A detailed review of the topographic survey information shows a low point of 933.24 on Vine Place. The water from this low point then drains to the southwest toward a 932.00 elevation in the yard. Between the 932.00 elevation in the yard and the 932.13 elevation at the southwest corner of the house is a higher elevation of 932.60. This higher elevation of 932.60 will effectively prevent the water from the low point elevation from draining toward the house. A review of the topographic survey also shows that the driveway and yard east of the house is higher than Vine Place. The water from the driveway drains east toward the low point area on Vine Place. Based on the previously discussed high point of 932.60 in the yard and the higher elevations of the driveway, it appears that Vine Place drains to the low point area at the south driveway entrance to the southwest toward the channel. This is the historic and natural drainage pattern. It does not appear that the street drainage is the cause of your wet basement. Telephone(612)2494600 • Fax(612)2494616 i t � I Mr. Ti Landon July 2, 1999 Page 2 On one site visit to your property, I mentioned that gutters to direct the roof drainage away from the house may be appropriate. It was raining then and the roof drainage was ponding at the southwest corner of the walkout basement. I am not sure if this situation still exists today. i In summary, based on the house location near the bottom of the hill and the walkout basement elevation only 2.7 feet above normal water elevation of Forest Lake Channel, it is not surprising or unusual that the yard and basement are wet at time. Also,a review of the survey information suggests that the water from the low point on Vine Place is draining southwest across the yard toward the channel which is the historic and normal drainage pattern. The street drainage is not threatening the house and no changes to the street drainage pattern are required or planned. Thank you for your assistance in this matter. Please contact me at 249-4621 should you have any further questions. Sincerely, Gregory A. Gappa Director of Public Services Enc. Aerial Topography Mapping Bonestroo Engineers' Topographic Survey May 14, 1999 Letter to the City cc: Ron Moorse, City Administrator Mayor Gabriel Jabbour and City Council Members I _IN I Mod AWN- all Owl MINOR �i I I i I I t • t I t �+, r 934.74 93 4.74 11 �+ Y �' I91BAP5,�7 5.43 t I • 934.21 1375 .( 7) 1 ' 22-1934.04 ( (93 .41 93 4, I I 933.66 `935. � 8933J19%34.02 935.02 \ v o 930.76 '��- 932.13 \ �9 398� I � � 933.35 931.13 934.25 \ I _ I / 931.82 • 933.74 \\ 9,33.57 1.940-4 3+=3.49/933.23 93a.. --,, \\33.80 ' 1933.42 I / 931.51 932.60 9�3�3$I50 I �' r- %, 52 /933.35 Low POla"/ 6 Av-cc7 * 9 33.3 2 33. 4 I 931.70 .351 93P d?3j4 931.59 j ' \1� 933. 6 1 LQ U) O • 933.2ti c 933.13 O 932.00 m n (C (8) 1934.02 '0933.88 2.34 931.82 �� 932.40 J 93 .4CDto 9 _. CD W t • 933.37 ul IPL�CE e I I 1 1 . 1935.1 1135.07 933.71 I i � 933.41 i 1 �--J� � S� 5 I8�DS t 36.803 '�37.�a I � cD cD �p A � 935.52 �✓ V1WAIR 1 I N 12o O FLt .VA"j 10(� I 19 .179 9.9a Q FARICY 1616 FIRSTAR CENTER 101 EAST FIFTH STREET ST. PAUL MINNESOTA 55101-1800 TELEPHONE 651-297-8484 FAX 651-227-9494 L A W FIRM MEGAN L FARICY RAYMONDW ARICY July 8, 1999 ' I City of Orono Attn: Public Works Department P.O. Box 66 Orono, MN 55323 Re: Tim and Amy Landon 1375 Vine Place Orono, MN 55323 Dear Sir or Madam: Please be advised that the undersigned represents Tim and Am Landon who reside at 1375 P Y Vine Place, Orono,Minnesota. It is my understanding that in 1997 certain changes were made to the roadway by their property. That as a result of the changes, water now cascades onto their property and is in fact on many occasions inundated portions of their home. I understand that someone has been out to look at the situation but, to this date we have not heard as to what the city's position is about this matter. We have alerted Mueller Paving about this matter and that it is our understanding that it did the work on the road surface. Would you kindly have someone from your office contact me so that we can see what can be done to bring some relief to my clients. Your prompt attention would be appreciated. Very truly yours, Raymond Faricy,Jr. . RWF:amt c: Tim and Amy Landon May 14, 1999 MAY 14 1999 City Manager City of Orono Q1 I'i Ur.;lir' v;�0 Dear Sir, Once again, I am writing you in regards to my city street, Vine Place. You may recall my letter from July 16, 1998 and my tele- phone calls around that time. I believe a problem still exists with the way the road was resurfaced. As I walk up and down my street I notice that all of my neighbors "above me", in both directions, have a curb. Not to mention, the road itself has a dip or channel down the middle and not the crown that your office says exists. This channel sends all of the water from the roadway toward my driveway and lot. I have photos from last year, and this year, of the rivers of water running down the street and across my yard. I have been forced to move all of my furniture and my office out of my lower level, "again" this year, due to water. I believe your road is turning my lakeshore lot into a very costly drainage ditch. The water is trying to established a memory or route to find its way to the lake and is damaging my home in the process. I am writing you today to request that you pay for the damage the street has caused to my home and family and also ask you to properly drain the street. I think back to when I first purchased my home an individual was suing me for $7,500 in both small claims court and then district court for a dock space for which he had no lease. It was truly ridiculous. I am sure you remember Mr. Appleman! On a much more serious note, I am asking for an amount of money from you of no less than $50,000 for: 1. The damage to my home and.property. 2. The loss of value to my home and property. 3. The loss of enjoyment of my home for my wife and children. 4. The loss of income due to my office being out of commission. 5. The health issues involved with water in the basement. I am requesting that you respond to this letter within 30 days of this date. I have discussed this matter with legal council and I am prepared to go forward on my families behalf on June 14, 1999. Sincerely, Tim Landon cc: city planner city attorney mayor city council S ALLIED ADJUSTERS BRANCH OFFICES Minnesota Albert Lea PO.Box 848•Albert Lea,MN56aor 507.373-75073a5�2 September 10 , 1999 P.O. Box 583479 Minneapolis, MN 55458-3479 Brainerd (612) 525 -5700 P.O.Box 763+Brainerd,MN 56401 218-828.8258 Fax No. : (612) 525-5701 Duluth P.O.Box 56•Duluth,MN 55801 Ra F a r i c 21&723.8339 ' y y Attorney at Law Fairmont 1616 Firstar Center P.O.Box 15•Fairmont,MN 56031 101 East 5`h Street 507.235.5565 St . Paul, MN 55101-1808 Faribault P.O.Box 433•Faribault,MN 55021 RE: Claim No. . 11027875 507.334.2217 Trust Member . City of Orono Hutchinson Your Client . Tim Landon 320581-9465 Box 159•Hutchinson,MN 55350 Our File No . . MPS 3 312 7 320. Mankato Dear Mr. Faricy: P.O.Box 3523•Mankato,MN 56002 507.387.5468 This letter will follow-up our telephone conversation Owatonna of September 8, 1999 . I have reviewed the P.O.Box 666.Owatonna,MN 55060 "Specifications and Documents for Furnishing g Materials and Equipment" bid documents that have been Rochester provided to me by the City of Orono. There are P.O.Box 994•Rochester.MN 55903 specifications that have to do with the class of 507.289.0042 P gravel base and the class of recycled blacktop which St.Cluud are supposed to meet Minnesota Department of eo:Box 1163•St.Cloud.MN56302 Transportation' s specifications . There are also 324259-9766 specifications with respect to the bituminous plant Virginia mix and other materials . There are, however, no P.O.Box 1205•Virginia,MN55792 specifications that have to do with how the street is 218-741.6965 P crowned when it is being repaved. Willmar P.O.Box 915•Willmar,MN 56201 As you and I discussed, the above mentioned document 320.23 L 226 does contain an Indemnification and Hold Harmless North Dakota Agreement that states the following: Fargo P.O.Box 9255•Fargo,ND 58106 701.235.7484 "The contractor shall indemnify and hold harmless the City and the engineer from and P.O.Grand against all losses and all claims demands Boxx11202019•Grand Forks,.ND 58208 � i 701.775.3867 payments, suits, actions, recoveries and South judgments of every nature and description Milbank Dakota brought or recovered against him by reason of P.O.Box 1004•Milbank,SD 57'.52 any act or omission of the said contractor, his 605.432.6201'. agents or employees, in the execution of the Sioux Falls work or in the guarding of it . " P.O.Box 1174•Sioux Falls,SD 57101 605.357-0275 Wisconsin Hayward P.O.Box 153•ILlyward,W154843 P.O. Box 583479 • Minneapolis,MN 55458 • 612-525-5700 • Fax 612-525-570I 715-634-7808 A Division of Berkley Risk Administrators Company Ray Faricy Your Client : Tim Landon Our File No. : MPS33127 September 10 , 1999 You and I discussed at length our position with respect to liability in this case . Absent evidence of negligence on the part of the City, our position will remain one of no liability and we will be denying your client ' s claim. If you have any questions or wish to discuss this further, feel free to contact me . Sincerely, AL IED ADJUSTERS Eileen McCormick, AIC, CPCU EMr CC : Berkley Risk Administrators Company, LLC Mark Rossow c c : .; ctor of Public Services City of Orono P .O. Box 66 Crystal Bay, MN SS323-0066 2 -