Victoria MN Newspaper

Said Cara, "This will improve the conditions of their yards. This whole area is a drainage swale. Buyers will be notified of the presence of the tile."

Stated Councilmember Pavelko, "I don't see why the city has to spend resources to manage this. It's a neighborhood issue, an issue for a homeowners' association."

"The developer requested the city take it over," said Cara. "Laketown 8th Addition has it too."

"Now we're taking care of backyard drainage?" asked Councilmember Pavelko.

"It's an emerging practice," said Cara. "They're asking for us to maintain it."

Asked Councilmember Jim Crowley, "Is it our responsibility to take care of the situation?"

Replied City Attorney Bob Vose, "The city has rights, not obligations. There is not a legal reason to accept this. It's a policy question."

"If we accept this, we're paying for it," said Councilmember Pavelko.

Councilmember Crowley asked if the issue could wait a couple weeks for a decision, until the January 26th council meeting.

Stated Councilmember Strigel, "I don't think they need technical expertise. They need a bank account. The minute this becomes something publicly signed up for ... if their basement is wet, they're going to call us."

Said Cara, "It'll be interesting to see what the developer says." The issue was tabled to January 26th.

January 26th

"The developer is scheduled to close on Tuesday next week," said the city engineer. The developer at Lake Wassermann Ridge is Lennar, a national homebuilder with headquarters in Miami, Florida.

"They've specifically requested that the city accept the draintile as a public improvement. It was built to city specifications," she said.

Regarding the suggestion by Councilmember Pavelko that the Homeowners Association take charge of maintenance, Cara stated, "There's not a lot of meat in their HOA document. They need a yes or no from city council. It's ultimately a policy decision. Do we want to be in the business of maintaining draintile? I agree with Ann [Mahnke] that we don't want to be in the business of maintaining anything more than we have, but this would be for the advantage of residents."

Continued Cara, "You can't effectively solve the problem on a lot by lot basis. I've been dealing with it since 2001 when I came to Victoria. It seems that trying this approach probably makes a lot of sense. We're recommending you approve it. But the developer understands if not."

Asked Mayor Tom O'Connor, "Is the Homeowners Association also not a proactive approach?"

Replied Cara, "I don't know how a group of homeowners will know about jetting a system. The third or fourth homebuyer down the road doesn't even know there's a draintile in their yard."

Stated Councilmember Crowley, I had been against this, but I am inclined to support this recommendation." He said his own Laketown neighborhood has similar issues.

Added Cara, "The biggest concern is if trees are planted over the draintile and roots grow into the line ... Cities are dealing with this all over where they have clay soils. State statute allows us to assess back to them the cost of the project."

Stated Councilmember Strigel, "For me this is more philosophical. The developers found something they didn't plan on, and so we bail them out? Seems wrong to me. I worry about putting a 20-foot swath of public easement through somebody's backyard. I don't think we belong in people's backyards. I don't think this is where we should be spending our resources."

Stated Councilmember Pavelko, "I agree! There's nothing spelled out in the agreement as to what people pay, if they want to connect to the draintile. This is just a bailout for the developer. If we approve this one, developers will dump more on us."

He added, "They didn't do this [install the backyard draintile] out of the goodness of their hearts. They did it to get the water out of there and they want to sell the lots."

Councilmember Strigel pointed out, "We still have responsibility for the pond at the end of the line."

Said Councilmember Lani Basa, "I have concerns about the future. In ten years I can see problems with homeowners coming back and saying we had the opportunity to do something about their water and we didn't. I'm wondering if there's a compromise. Could we maintain it for the Homeowners Association? I don't know if that's even an option."

Replied Ann Mahnke, Director of Parks and Public Works, "That's private property. I would be reluctant to take city equipment on private property [without an easement agreement]."

Click here to continue Gov’t in Backyards.