HomeMy WebLinkAbout1993-09-27 CA Ltr to OPH Re Pooley Matter LAW OFFICES OF D
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. SHOESERG
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. #x204 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