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There’s a puddle of drainage collecting outside the new home at 1320 Deerview Ct. SE, and from the view of Brandon and Mandie Beyl’s house next door, it’s looked like a heavy concern for the past several months. Recently, the city discovered the builders of 1320 did not comply with the city-approved plan. (Photo courtesy of Brandon Beyl)

The tables have turned in regard to a drainage issue affecting two Deerview Court properties.

At the Thursday City Council meeting, City Administrator Joel Erickson told the council and staff that the runoff on the 1320 lot could have been slowed down if the contractors had followed the city’s approved grading plan.

For the past few months, Brandon and Mandie Beyl, residents at 1314 Deerview, have been concerned about the water collecting on the property next door as the runoff comes down the hill to their backyard. Heavy rainfall and snowfall increased their level of concern, and both felt their request for a resolution fell on deaf ears.

Erickson said further action couldn’t be taken until Jonathan Wood, owner of Jonathan Wood Construction Co., completed the as-built survey. After Wood recently completed the survey, which compares the finished home to the approved plan, Erickson discovered the builders had constructed the home about one foot higher than planned. That resulted in a slope over twice as steep as the city-approved slope, which sped up the drainage flow.

Wood said he was unaware that his subcontractors, DSM, had not complied with the original plan until Erickson shared the information at the meeting.

“When I hire DSM to dig a hole, I trust they do what was approved by the city,” said Wood. “… From a carpenter’s standpoint, I rely on the experts to do that.”

Per Mayor Tim Rud’s request, Wood agreed to develop a plan installing a catch basin, which would transfer storm water from the home at 1320 Deerview to the pond at the bottom of the hill next to the Beyls’ backyard. He also agreed to create a schedule to follow and present it to the city as early as Friday, June 14.

Wood said he takes full responsibility for the error and extended an apology to Erickson, the Beyls and the City Council.

“I can assure you we’re going to monitor this,” Rud said to the Beyls. “… I would expect by the next council meeting it will be done.”

According to the city’s attorney, Erickson said the city has no legal obligation to resolve the drainage concerns. He said the city may only fund projects that serve a public purpose, and it’s questionable whether the Deerview drainage issue constitutes as a public or private matter.

As a result, the city approved a motion to not participate in drainage issues related to Deerview Court. To participate financially in a solution would have cost the city between $2,500 and $10,000. Relocating the trail that snakes behind the two affected properties, which was one of the solutions the city proposed, such a project would cost between $15,000 and $20,000.

“This is taxpayer money we’re dealing with,” said Rud. “We can’t just write a check.”

Brandon and Mandie Beyl, also in attendance at the meeting, expressed their frustration with being so strongly affected by someone else’s mistake. With drainage seeping into their yard from the neighboring home, they’ve needed to set aside money to improve their basement.

City Council member Steve Cherney apologized to the Beyls for the improvement process becoming so extrapolated. He said he trusts Wood will remedy the problem so there isn’t “a drop of water in the Beyls’ yard.”

Reporter Misty Schwab can be reached at 507-333-3135. Follow her on Twitter @APGmisty.

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