9a. Drainage Issue, Robert Haak, 770 Pioneer Tr. CITY OF
a
1 i , CHANHASSEN
e
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
,_ `' (612) 937-1900
MEMORANDUM Act;cn t•.Y ;' Adm1nk,irttt,F""1
TO: Don Ashworth, City Manager -r'6t;_'--�°-`~' /
FROM: Larry Brown, Staff Engineer i;:/// Re.^ct
DATE: October 19, 1988 oat sL pit;" Q �''�''
SUBJ: Drainage Problem -774.- J7"
dtourald
770 Pioneer Trail, Robert Haak / 0"21/,1. ..
File No. PW052k
Mr. Robert Haak of 770 Pioneer Trail appeared before the City
Council during the Visitor' s Presentation portion of the February
22, 1988 meeting concerning the drainage problem that has
affected his property for many years . City Council directed
staff to look into this complaint.
I must apologize to Mr. Haak that this issue has taken some time
to research; however, I would also like to note that this issue
has not been ignored and has taken staff through an extensive
search of County records, field survey and several meetings with
the County to pursue their participation in a resolution of this
problem.
Mr. Haak' s complaint originates from the upgrading of Pioneer
Trail (C.S.A.H 14) by Carver County. The ditch which serves to
drain Pioneer Trail, Bluff Creek Golf Course (via a 24-inch
culvert underneath C.S.A.H 14) , and a portion of Lake Riley Woods
North (via an 18-inch culvert under State Highway 101) , flows
along the south boundary of his property and theoretically
through the DeJoode property and ultimately to Bluff Creek,
located approximately 3 ,000 feet west of the DeJoode property
(refer to Attachment No. 1) .
Mr. Haak has stated that when the water ponds up in the drainage
swale, it floods his mound system' s pumping tank. By relieving
the pond, we would reduce the leakage into the septic system.
The attached plan reflects data from a survey conducted by staff .
The profile shown on the lower portion of the plan sheet indicates
that the culverts located on the DeJoode property are approxima-
tely 1.10 feet higher than the Haak property. As Mr. Haak has
stated previously, during a rainfall the storm water runoff would
have to pond to a depth of 1.10 feet before the culverts located
under the DeJoode property would begin to function.
r
Don Ashworth
October 19, 1988
Page 2
A search of County records and survey notes for the reconstruc-
tion of Pioneer Trail indicates that the easterly culvert on the
DeJoode property (station 2+3) was reinstalled by the County;
however, the westerly culvert was left intact.
The County acknowledges that the culverts facilitate the drainage
from C.S.A.H. 14; however, they have indicated that the resolu-
tion of this problem is the City' s responsibility as the culverts
serve a much greater watershed. In addition, the culverts on the
DeJoode property are outside of the County' s right-of-way.
In discussing the problem with Mr. DeJoode, he is concerned with
the scouring and erosion problem that has resulted at the outlet
of the westerly culvert. Mr. DeJoode feels that lowering of the
culverts in his driveway will result in an increase in the velo-
city through the culverts thereby increasing the scouring problem
that exists .
The plan also shows a proposed grade which would alleviate the
drainage problem. This would involve regrading of the ditch
along the Haak and DeJoode properties, lowering the culverts
along the DeJoode property, and placing a large amount of riprap
at each of the outlets of the culverts to insure that erosion
does not take place.
We estimate that the cost of the project would be approximately
$6 ,000 .
In reviewing this matter with the City Attorney, we have
concluded that since these are not City culverts this matter is a
private drainage issue and should be resolved by the respective
property owners (refer to Attachment No. 2) The DeJoode' s unfor-
tunately have refused at this point to undertake any corrective
actions .
Attachments
1 . Plan Set.
2 . Memorandum from City Attorney dated October 18, 1988 .
. Sieso o. E
h1
BLUFF CREEK i
W. 96TH ST_REE t
/
mik , ,
/1 H• , ., 0
Alliri t
PI i • -
. " ' IL ( Cll. 14 )
I •
. • • • .•
.• • • . DeJOODE
HAAK
%, r).
:_; 1 . 4 ? - G I : 4N I S LAwV i- I I R. p a
LAW OFFICES
GRANNIS, GRANNIS, FARRELL & KNUTSON
DAVID L. GRANNIS- 1874-1961 PROFEssiONAL ASSOCIATION TELFCOPIER1
DAVID L. GRAN\Is,JR.- 1910-1980 POST OFFICE Box 57 (612)455-2359
VANCE B.GRANNIS 403 NORWEST BANK BUILDING Ewan B. KNFISCH
VANCE B. GRANNIS,JR. 161 Norm CONCORD EXCHANGE MICHAEL J. MAYER
?AMUCK A.FARM!. TIM°THY J.BERG
DAVID L. GRANNIE,III SOUTH ST. PAUL, MINNESOTA 55075
ROGER N. KNUTSON 'TELEPHONE(612)455-1661
DAVID L. F1ARMEYER
October 19 , 1988
VIA FACSIMILE TRANSMISSION
Mr. Larry Brown
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: Storm Water Problem
Dear Larry:
You outlined the following facts to me and asked me what, if
anything, was the City's responsibility. A Mr. DeJoode has a
driveway culvert on his property that is set at an elevation that
causes water to back up on land owned by Mr. Haak. Since the City
did not place the culvert and since the problem is not on a
public property, the dispute is between the two private property
owners. The City has no legal involvement in this problem. Unless
it is causing a public nuisance, there is nothing the City can do
to solve it.
Ve yours,
. .NNIS, ' • •NNIS, FARRELL
► - SON, P.A.
,.-er N. Knutson
RNK.srn