Winsted-Lester Prairie Journal, April 27, 1998

City of Winsted asked to pay in garage dispute

By MAGGIE SCHUETTE-VOSS

The attorneys have been called in on a building ordinance dispute between Jeff and Carol Quast, John Neumann and the City of Winsted.

Winsted City Council went into closed session Tuesday night to discuss a letter received from Quast's attorney, Mike Gavin of Gavin, Olson, Conkel and Savre, Ltd. in Glencoe.

The dispute stems from a garage constructed on Neumann's property. The Quasts allege the building violates city building ordinances and "the foundation of the garage was built up in a manner which also violates city ordinance and results in all storm water, coming off the roof and garage," flowing onto the adjoining Quast property.

The Quasts further allege the storm water has washed away their landscaping and undermined their driveway slab.

"Because the city has permitted this unlawful use of the property by the Neumanns, it would seem that the city should be responsible for rectifying the drainage problem," Gavin wrote.

He said this could be done by installing, at the city's expense, an eight-inch storm water line between the two properties, with an intake to receive all of the water from the downflow pipes from the roof gutters on Neumann's garage.

Any decision made in a closed session must be made public. City Clerk Betty Zachmann said the council reached no decision on the matter.

Smoke testing

An odor-free, environmentally safe smoke will soon be making its way through the sanitary sewers of Winsted.

The smoke testing will be done this summer and will be used to detect clear water infiltration into the sanitary sewer system.

Clear water that seeps into the system is treated at the waste water treatment plant. This limits the plant's capacity and the infiltration can overload the lift stations, causing sewage to back up into basements.

The smoke testing will detect collapsed lines, leaking service drains, roof drains, foundation drains, foundation tiling, old tile lines, old cistern and septic tank connections, and sump pumps illegally draining into the sanitary sewer system.

The council approved Ordinance 98-03, which prohibits clear water discharges into the sanitary sewer system, gives the city the authority to inspect for devices that discharge clear water into the system, and sets penalties for violations of the ordinance.

The council agreed to adopt by resolution a $50 fine to city residents who violate the ordinance. By adopting by resolution, the council can change the fine, without having to revise the ordinance itself.

Winsted on the Lake

The council was told by Bill Gilk, owner of Winsted on the Lake, that he would pay for the tarring of Zion Avenue up to Lake Street, just past his development.

He asked the cost be spread over the same term as his payback for the installation of sewer and water to the development.

City Attorney Fran Eggert and Gilk will talk with township representatives about it turning to road over to the city. Zachmann was directed to find from which account the city could initially pay for tarring the road.

Gilk added that the street in phase one of his development should be completed in the next three weeks.


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