Impact
WARD: Ward 7
COMMITTEE:
$ IMPACT: $21,158.00
Title
Authorize an agreement with Doug Howser and allow the mayor to sign and execute all related documents
Body
ISSUE: The City as been asked to correct an adverse drainage condition in the rear yard of 1020 Karen Court. The homeowner contends that the City was negligent in its approval of the stormwater management system for the Westbrook Subdivision, resulting in an adverse drainage condition in his back yard, and has requested that a piped storm system be installed to convey drainage across his property.
BACKGROUND: During construction of the subdivision, the developer worked with Mr. Howser to convey runoff across his property. It appears that ditch was not designed or constructed adequately, and resulted in a flooding condition. Regarding the subdivision, the site was not constructed as depicted in the original stormwater management design, and improper grading resulted in flow bypassing the detention pond. The city engineer at the time worked with the developer's engineer, and changes made to correct deficiencies included regarding and construction of two additional retention facilities. This appears to have addressed the difference between the original design and the as-built conditions, but Mr. Howser is still experiencing an adverse drainage condition. City staff has had numerous meetings with Mr. Howser as he has sought a remedy for the condition.
Mr. Howser has a potential claim because the final plat was approved when the drainage pattern clearly did not meet the original detention design. Although this has been corrected, there may be a liability in the initial approval of the plat and the time which it was elapsed until was corrected.
Mr. Howser has approached a contractor who will correct the problem for $21,158; the proposal for that work is attached.
RECOMMENDATION/REQUESTED ACTION:
We recommend that the Mayor and Council enter an agreement with Mr. Howser to r...
Click here for full text