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Home My WebLink About1993-11-12 OPH Ltr to Property Owners - Pooley Matter CITY OF OAK PARK HEIGHTS A MINNESOTA STAR CITY TO: Property Owner FROM: City of Oak Park Heights RE: Pooley Property Drainage DATE: November 12, 1993 The attached letter from City Attorney Mark Vierling will be an agenda item for discussion at the next council meeting Monday, November 22nd at approximately 7:00 p.m. Should you have comments, please plan to attend or you may write the Mayor and Council Members at City Hall at address below. 14168 North 57th Street ® Box 2007 0 Oak Park Heights, Minnesota 55082 -2007 Phone: 612-439-4439 ® Fax: 612 -439 -0574 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLI 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (612) 439.2878 JAMES F. LAMMERS FAX (612) 439 -2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER September 27, 1993 SUSAN D. OLSON The Honorable Barbara O'Neal Mr. Jack Doerr Mayor, City of Oak Park Heights Councilmember 6213 St. Croix Trail No. #204 14520 Upper 56th St N Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. David Schaaf Mr. Dick Seggelke Councilmember Councilmember 6201 St. Croix Trail No., #121 14256 - 57th Street N Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. Dean Kern Councilmember 5885 Oldfield Ave. North Oak Park Heights, MN 55082 Re: Graham Pooley Property 14174 Upper North 54th Street Oak Park Heights, MN Dear Mayor O'Neal and Council: This letter will reflect the discussions and concept of a possible agreement that had been discussed between myself, Mr. Karl Ranum on behalf of Graham Pooley, and Councilpersons Seggelke and Schaaf which conference took place earlier this year. At that time, a review of the circumstances affecting the Pooley property and Mr. Butler's letter of August 6, 1993 was reviewed. The consensus that appeared to be reached, subject to approval of the council, was that the following would take place as it affects the expressed concerns of the building inspector on Mr. Pooley's retaining wall. 1. Retaining Wall. The wall apparently lies directly on the property line at the present time and is in the area occupied by the City's drainage easement. That retaining wall will be allowed to be kept in its current location subject to what may be a need of the City to remove it at a later date should we ever need access to the drainage pipe and related utilities that the City has in the Page 2 September 27, 1993 To: Mayor O'Neal and Councilmembers Re: Graham Pooley Property area of the drainage easement. If so, the City will remove that retaining wall and will not restore the retaining wall after its work has been completed on the drainage easement. There, of course, will be no compensation to Mr. Pooley or his predecessors and successors in title in the event that occurs. Additionally, the City of Oak Park Heights' decision to not compel the immediate removal of the retaining wall at this time does not in any way affect the rights of adjoining property owners who may take action against Mr. Pooley independently should they feel that drainage waters have been diverted onto their properties causing damage. 2. Cyclone Fence. As it relates to Mr. Pooley's desire to locate a cyclone fence in the area of his retaining wall on the north side of his property, it is agreed that he will be allowed to locate a cyclone fence in the area; however, it will be located behind the present retaining wall, (i.e. towards his house) and again, should that fence be located within the drainage easement, it shall not be allowed to obstruct or otherwise inhibit future City work in the area of the drainage easement. Consequently, to the extent that any fence is located within the drainage easement, it is so done by Mr. Pooley at his own risk so that should it be required to be removed in future years to service the drainage utilities or other City utilities in the area of the drainage easement, the fence will be taken out by City crews and not replaced. As to all existing City drainage right -of -way easements, property owners are encouraged not to locate any improvements or special landscaping structures, fences or other items in such drainage areas and to the extent they do so, they place same at their own risk as those items may be removed by the City at any time without any compensation to the property owner. If the terms of this correspondence are approved by the Council, I would suggest a copy of it be conveyed to Mr. Pooley through his attorney, Mr. Ranum so that Mr. Pooley can complete whatever development decisions he has on hold awaiting correspondence from the City on his particular circumstances. Very truly yours, Mark J. Vierling MJV:sms cc: La Vonne Wilson -- "STONE MONUMENT AT THE T29N R20W _ EVG4 CORNEF - S EC. , , L III I �,I , r• E _ SEC. I 4 , � I ' , /1i / t }t`'r I I I..: L -i'•J^ s O1� - - - �' I I I LT C) <� ao I I I ' i - - -- 595.52 Rlw� m 30 I I t I z _ Q I - 1 1 r - �, L— — -- _I W = (' �I L I +� L__ L - _ t. _ �.,> . i .,,� ......y " .abxa.:o .:. ✓ ..-mac -s- >. -_ z �,�* 3 _x' .. , • � 1 1 O � M _J LLJ Z Z AVE. N 4 .. �-? ____- 157.11 - -- -� U 10 91.50 108.78 / =0 m 142 83.50 S `� '� }. �ar j� � _) OAKGREEN AVE. O I 1 �� • I I ?1 11 w V Vj -' Zz 2Z C. 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