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Regular Planning Commission Meeting
<br />Minutes – Wednesday, June 4, 2014
<br />Page 6
<br />At the request of Member Boguszewski, Mr. Culver confirmed that the proposed
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<br />development would be an improvement on the current situation in terms of runoff in the
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<br />neighborhood.
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<br />Member Murphy concurred, noting that at the end of the day, the runoff from the
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<br />proposed development cannot be greater than today; with Mr. Culver responding
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<br />affirmatively. Member Murphy noted that, while there may be significant runoff today, with
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<br />this plan, tomorrow there may be less. Mr. Culver agreed, noting that it was difficult to
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<br />predict future excessive rainfall events versus typical events.
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<br />Mr. Mueller
<br />With recognition by Chair Gisselquist, came forward and clarified that a
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<br />neighbor directly behind his property (Irv Cross) experienced repeated flowing of his
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<br />backyard, with the last excessive rainfall finding water standing in their tennis court.
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<br />When the south side pond was originally installed half way between his lot line and the
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<br />road behind it, Mr. Mueller advised that it was intended to drain all of that property.
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<br />However, Mr. Mueller opined that its location should have actually been dropped another
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<br />six inches, as it does flood across Mr. Cross’s property; and if dropped, Mr. Cross’s land
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<br />would be okay. Mr. Mueller further noted that, a creek from Midland Grove through the lot
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<br />next to his and south, then west out to the street had originally been available to help
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<br />drainage, but neighbors had filled it in, with the City subsequently putting in a drain
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<br />halfway through it to catch excess runoff.
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<br />Regarding the projected sales price of homes and/o lots, Mr. Mueller responded that they
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<br />would be equal or above existing homes in the neighborhood.
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<br />Gary Boryczka, 2250 Acorn Road
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<br />Mr. Boryczka state that, the previous time this proposal was brought up in 2007, the
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<br />neighbors had many concerns about drainage of water; and as the plan is drawn up right
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<br />now, and even though the Engineer stated there would be no changes, from his
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<br />perspective, runoff would increase on the south side by the hill, if the hill was removed,
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<br />and the overflow of the pond will run and add water to the south side directly onto the
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<br />neighbor’s property. Based on his experience in the excavating business for forty-seven
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<br />years, Mr. Boryczka opined that this whole plan is a pipe dream to get lots in there; and
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<br />his main concern was that there was no place to drain water. Mr. Boryczka noted that he
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<br />just had his lot split, and even though it had nothing to do with water, the question was
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<br />brought up for that minimal ¾ acre parcel, even though no variances were required, and
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<br />he had provided a place for his water to go prior to it even being brought up by staff.
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<br />Mr. Boryczka stated that the major easement to the main culvert draining the whole area
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<br />goes directly through this property, and with Mr. Mueller’s attempt now to make the
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<br />roadway radius smaller, it was basically so Mr. Mueller could destroy the neighborhood.
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<br />Mr. Boryczka asked if anyone had looked at some of the larger homes in that
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<br />neighborhood, opining that no way could anyone built a $1 million home on these tiny
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<br />lots, further opining that Mr. Mueller would take his $400,000 home and demolish it and
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<br />expect to develop and sell lots. Mr. Boryczka stated “good luck.”
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<br />Mr. Boryczka stated his other concerns included his rationale for not filing his plat
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<br />previously, opining that it was in going back originally to the 1960’s when water and
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<br />sewer was installed, and taxes or assessments were deferred for the lot split, he was the
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<br />second one in. Since no assessments were paid yet, and to him there were excessive,
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<br />Mr. Boryczka stated that he was waiting to file his plat; until the City made a deal with
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<br />another Roseville property owner to change the assessments to connection charges,
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<br />which were then never paid. Since he had three title insurance policies, Mr. Boryczka
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<br />stated that the first would have covered all this they way it was, but the second he
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<br />informed the City about it, they changed it and took him to court, with the City stating that
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<br />all the developer had to do was look at the book on the counter. Therefore, Mr. Boryczka
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<br />stated that he ended up paying out the money and it took five years to do so, and that
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<br />was the reason he never filed his plat; which was similar to Mr. Mueller and his problems.
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<br />Mr. Boryczka opined that the neighbors won the case, at which time the City went back
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<br />and reworded things, and then the project went ahead; however, by that time, the bottom
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