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, � Dave Thompson 2542 East 9800 South Sandy, UT 84092 � January 28, 2004 � Lyle Oman Orono Building Official 2750 Kelley Parkway ' Orono, MN 55356 ' Dear Mr. Oman: As you doubtless are aware, I own the real property located at 3262 and 3268 North Shore Dnve, ' Orono, Hennepin County, Minnesota. My property abuts property owned and subdivided by Robert and Iris Waade, known as Maxwell Landing. On July 27�', 1998, Orono passed a resolution approving the plat of Ma.�cwell Landing subject to various conditions and requirements, most of ' which were imposed to mitigate negative effects on the surrounding property. See, Resolution of the City Council of the City of Orono,No. 4125 ("Resolution 4125"). A copy of Resolution 4125 is attached hereto as Exhibit A and incorporated by reference herein, with critical language of ' Resolution 4125 highlighted. The protective measures of Resolution 4125 are consistent with the public policy of the City of Orono as expressed in ordinances such as City Ordinance#125, which directs as follows: ' Reduce danger to health by protecting surface water and ground water supplies from impairment which results [from] incompatible land uses by providing safe and sanitary � drainage. Reduce financial burdens imposed both on this community and on communities within the Minnehaha Creek Watershed District and the individuals therein by frequent floods and overflow of water on lands. Permit and encouraged [sic] planned development ' land uses which will not impede the flow of flood water or cause danger to life or property. In violation of Resolution 4125, however, and despite the clear language and intent of City � Ordinance # 125, the development of Maxwell Landing has directly resulted in a serious flooding problem that has ruined my property. The flooding would never have occurred had Resolution 4125 been followed. It has occurred, however, because Mr. Waade has failed to adhere to the ' conditions imposed by the City upon his development of Maxwell Landing. It is very disturbing, not to mention illegal, that there appears to be no requirement that Mr. Waade follow the conditions outlined in Resolution 4125 and the public policies on which the City has, up to this ' point,prided itself. This situation has occurred despite the fact that there is an approved drainage grade plan in place to avoid the very problem that Maxwell Landing's development has caused. Nonetheless, Mr. Waade, Mr. Lyle Oman and the City Engineer have jointly, and blatantly, � ignored the existence of the drainage grading plan that the City and the Minnehaha Water District designed and approved. ' I have been concerned with this situation since I saw the land in May of 2000, almost two years after Resolution 4125 was passed. One of the requirements of that resolution was to have a grade plan for drainage easements which, in the words of the City Council, are "in favor of all abutting ' 1 '