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94-101149CITY OF �y 33530 1ST WAY SOUTH July 25, 1994 Mr. Mike Powers 30631 - 28th Avenue South Federal Way, WA 98003 RE: Pre -application Review, Powers Stream Culvert PRE94-0038 Dear Mr. Powers: (206) 661-4000 FEDERAL WAY, WA 98003-6210 Thank you for attending the pre -application meeting on July 7,1994, regarding your proposal to culvert Redondo Creek at 29300 Redondo Way South in Federal Way. The following is a summary of issues discussed at our meeting. For your convenience, I have listed comments in the following categories: zoning, public works, utility, fire, and building. 7oniiia: The following issues relate to the Federal Way City Code (FWCC) and require resolution with the Process I Land Surface Modification application. Questions should be directed to me at 661- 4110. 1. Application. A Process I Land Surface Modification application is necessary for the proposed culvert. Enclosed are: * Master Land Use application; * Land Surface Modification application submittal requirements (Federal Way City Code (FWCC) Section 22-1094(b)); * Land Surface Modification decisional criteria (FWCC Section 22-1094(c); * stream culvert decisional criteria (FWCC Section 22-1309(c)); and, * Process I decisional criteria (FWCC Section 22-394(b). The Process I Land Surface Modification filing fee is $1,190, payable at time of application filing. Mr. Mike Powers July 25, 1994 Page 2 Please be advised the application must include a written statement describing how the proposal meets the land surface modification, stream culvert, and Process I decisional criteria discussed above. 2. A State Environmental Policy Act (SEPA) review is required because the proposed development is within a environmentally sensitive area (major stream). Enclosed is a SEPA checklist and procedure to obtaining mailing labels handout to assist you in preparing the checklist. The filing fee is $472, payable at time of filing. One set of stamped envelopes addressed to all property owners and occupants within 300 feet of your property must be provided with the Process I application for mailing the SEPA decision. For reference, Redondo Creek traverses the western portion of your site. Redondo Creek is classified as a major stream by FWCC because it is either a stream or a tributary to a stream which contains or supports, or under normal circumstances contains or supports, a local or migratory fish population. This classification is supported by the King County Draft Hylebos and Lower Puget Sound Basin Plan (Basin Plan) classification of Redondo Creek. According to the Basin Plan, Redondo Creek has existing or potential salmonid areas. Therefore, development proposed within a major stream must undergo a Process I and SEPA review. Public Works: The following requirements were provided by the city's Public Works Department. Questions should be directed to Ron Garrow, Senior Development Engineer, at 661-4137. The applicant has requested assistance in two areas of development of his property. These two areas are culverting of the stream that traverses his site and the installation of guardrail along Redondo Way South. With regard to the culverting of the stream that traverses the site, this stream is the outlet for Steel Lake and runoff from the surrounding drainage basin. Based on the topography of the area, this stream is not just a roadside ditch installed as a result of roadway construction. It appears to have flowed through this area for many years and is near the center of the valley down to Redondo and Puget Sound. This stream has developed its natural course to which the city is not responsible for its creation. City codes are specific about the restrictions to culverting streams. Culverts are allowed only if no significant habitat area will be destroyed and it is necessary for some reasonable use of the subject property. Convenience to the applicant in order to facilitate general site design will not be considered. Mr. Mike Powers July 25, 1994 Page 3 The Public Works Department will not support the culverting of the stream in its entirety. Culverting to facilitate access to the site would be supported. However, culverting of a stream destroys habitat, restricts runoff conveyance capacity, and depletes the treatment of runoff thereby diminishing water quality. This may have an impact on any potential migratory fish further downstream. In lieu of culverting, the Department will support the owners efforts in stabilizing the streams by some method such as gabion walls, riprap pads in the stream bottom, enhanced vegetation along the stream, and other possible methods. Because the stream traverses the subject site, the cost of stabilization for the benefit of the property must be borne by the property owner. At this time, the Public Works Department will not participate in the proposed work either monetarily or with labor. The applicant has requested that portions of Redondo Way South be improved with the installation of guardrail. The city does not install street facilities without specific warrants and justification. A citywide guardrail inventory and study will be conducted in the future to assess the needs for additional guardrail installations and the maintenance thereof. Proposed locations for installation will be prioritized and then scheduled through a small Capital Improvement Program. These installations would then be accomplished as funds become available and the needs warrant. Whether guardrails are needed along Redondo Way South has yet to be determined. It is not anticipated that any potential installation would occur in this area, if warranted, until 1996 at the earliest. The applicant may contact this office in the future to get an update of the progress of the study and potential scheduling of any installations. Utility: Federal Way Water and Sewer provided the enclosed memo for your information. Questions should be directed to Rick Gilmore, Supervisor of Technical Services at 941-2288. King County Fire: King County Fire District #39 has no comment on the proposal. Questions should be directed to Chris Ingham, Inspector at 946-7242. Building Division: The city's Building Division has no comment on the proposal. Questions should be directed to Dick Mumma, Building Official, at 661-4112. Mr. Mike Powers July 25, 1994 Page 4 Summary: Please be advised that this information is provided in response to the information which you presented for the meeting. As the project is redesigned, or as more detailed information is prepared, there may be additional issues or concerns arise which were not covered at this meeting. I hope this information is helpful in the design of the project. A copy of the attendance roster is enclosed for your records. Feel free to call me at 661-4110 at any time with questions regarding the proposal. Respectfully, 5w Bill Kingman, AICP Associate Planner enc: Meeting Attendance List Master Land Use Application FWCC Section 22-1094 FWCC Section 22-1094(c) FWCC Section 22-1309 FWCC Section 22-386 SEPA Checklist Procedure for Obtaining Mailing Labels Federal Way Water and Sewer Memo c: Ron Garrow, Senior Development Engineer Dick Mumma, Building Official Rick Gilmore, Federal Way Water and Sewer Chris Ingham, KC Fire District #39 PRE9438.Ll JT�YO 33530 1ST WAY SOUTH July 28, 1994 Michael Powers 5010 SW 317th LN Federal Way, WA 98023 SUBJECT: Meeting Summary of July 18, 1994 Dear Mr. Powers: (206) 661-4000 FEDERAL WAY, WA 98003-6210 This letter is a response to your letter of 17 July 1994, a summary of our meeting on July 18 when you hand delivered the letter to me, and a reply to your questions. Research of topography, including 1974 King County records, indicates that the stream through your property has likely flowed in its present location for many years as it is near the center of the valley in which it runs. The valley runs from Steel Lake to the Redondo waterfront and continues to be a natural catchment for the surrounding area drainage. Major culverts have been placed in the stream of this valley for roadway purposes for roads such as South 304th Street, SR-99, SR-509, Redondo Way, Marine View Drive, and Beach Drive. Most of the rest of the stream remains as an open stream course. City policies generally support the preservation of streams with specific processes and criteria to be met to modify or move them. You have already been fully informed about these processes. As the stream and most of its banks are within your property and are a part of a long existing water course, you are responsible for the upkeep, maintenance, and the prevention of erosion. The City of Federal Way is most willing to help you to achieve your goals and to help you with code required processes to enable you to meet your goals in the least cost and easiest way available within City regulations. We have already had a preapplication meeting with you on July 7, 1994, have already answered many of your questions, provided you with information, and will shortly be providing a written summary through Bill Kingman. In our meeting you indicated that your goals in order of priority are as follows: 1. Improve the appearance of your property. 2. Stop the erosion of the stream. The use of culverts or a cascading, open, non -eroding stream is acceptable to you. 3. Relieve liabilities inherent with the steep stream banks and the deep stream. 4. Provide better access to your land, preferably opposite South 93rd Street (you do not want to develop the property). 5. Have use of all of your land, except the south corner and the NW corner, or as much as is salvageable. 6. Review the alternatives and find out the least expensive way of doing the above. You indicated you would like to have the Lakehaven Utility District involved for the stabilization of the south corner and to use firms like Lloyds to provide free fill. 7. Determine who is responsible for what portions of the above needed work. Implement the work so that it is a win/win for all involved. Not have to go to court to get it done. The City will be able to use your above goals to better assist you with what permitting and process facilitation will be necessary under City codes to help you achieve your goals. As you state in your letter, both the City and the State of Washington Department of Ecology agree that action should be taken to correct the erosion problem. I recommend that you retain an engineer who specializes in the stabilization of streams to advise you on least cost alternatives that meet City codes. Then have your engineer submit plans for your preferred alternative to the City for processing and permitting so that the needed improvements can be made. The City does not feel it is responsible for making erosion control improvements to this section of stream as it is on private property and the City is further restrained from expending public funds on private property under these circumstances. We look forward to helping you achieve your goals for your property. Please call me or Bill Kingman when you need further assistance or more information. Yours sincerely, -4 6 4A. Philip D. Keightley Public Works Director cc Mayor Gates City Council Members Greg Moore, Director, Division of -Community Development Cary Roe, Deputy Public Works Director Ron Garrow, Senior Development Engineer Bill Kingman, Associate Planner Steve Weineke, Lakehaven Utility District J U L 29 Mkt PUBLIC WORKS MEMORANDUM TO: Bill Kingman FROM: Ronald Garrow For Your Information Date: July 20, 1994 SUBJECT: Powers Stream Culverting, PRE94-0038 The applicant has requested assistance in two areas of development of his property. These two areas are culverting of the stream that traverses his site and the installation of guardrail along Redondo Way S . With regard to the culverting of the stream that traverses the site, this stream is the outlet for Steel Lake and runoff from the surrounding drainage basin. Based on the topography of the area, this stream is not just a roadside ditch installed as a result of roadway construction. It appears to have flowed through this area for many years and is near the center of the valley down to Redondo and Puget Sound. This stream has developed its natural course to which the City is not responsible for its creation. City codes are specific about the restrictions to culverting streams. Culverts are allowed only if no significant habitat area will be destroyed and it is necessary for some reasonable use of the subject property. Convenience to the applicant in order to facilitate general site design will not be considered. The Public Works Department will not support the culverting of the stream in its entirety. Culverting to facilitate access to the site would be supported. However, culverting of a stream destroys habitat, restricts runoff conveyance capacity, and depletes the treatment of runoff thereby diminishing water quality. This may have an impact on any potential migratory fish further downstream. In lieu of culverting, the Department will support the owners efforts in stabilizing the streams by some method such as gabion walls, riprap pads in the stream bottom, enhanced vegetation along the stream, and other possible methods. Because the stream traverses the subject site, the cost of stabilization for the benefit of the property must be borne by the property owner. At this time, the Department will not participate in the proposed work either monitarily or with labor. The applicant has requested that portions of Redondo Way S. be improved with the installation of guardrail. The City does not install street facilities without specific warrants and justification. A citywide guardrail inventory and study will be conducted in the future to assess the needs for additional guardrail installations and the maintenance thereof. Proposed locations for installation will be prioritized and then scheduled through a small Capital Improvement Program. These installations would then be accomplished as funds become available and the needs warrant. Whether guardrails are needed or not along Redondo Way S. has yet to be determined. It is not anticipated that any potential installation would occur in this area, if warranted, until 1996 at the earliest. The applicant may contact this office in the future to get an update of the progress of the study and potential sheduling of any installations. 17 July 94 TO: PHILLIP KEIGHTLEY DIRECTOR, PUBLIC WORKS CITY OF FEDERAL WAY FR: MICHAEL POWERS 3063128 TH AVE SO. FEDERAL WAY SUB: CEASE FIRE PROPOSAL - TRENCH WARFARE - REDONDO WAY Dear Mr. Keightley, During your recent interview with the Federal Way News, you did not mention the fact that I had attended a Pre -Application Meeting at City Hall on 7 July 94. That meeting was a direct result of my 14 June letter to Bill Kingman. You did not mention, that your representative (Mr. Ron Garrow) stated that the Public Works Dept. would not support culvertmg the ditch. This serves to negate any positive response of a formal application to do same. Yes, Mr. Keightley, you have said "No!" The Pre-App. Meeting could and should have produced a common objective, suitable to all parties. Alas, it did not, and this is unfortunate. Your people were not prepared to discuss the issues that were addressed in the in the 14 June letter. No consideration was given to the city's responsibilities or liabilities. When your people were asked to take a position on the matter, they even declined to deny liability. Though it would be nice to have been able to work together in a spirit of cooperation to culvert the trench, culvert the ravine, and culvert the large gaping hole on the property, I will concede that it is not possible. This is a shame, as I clearly had an interest in this approach. I have tired of playing Hard Ball with you over this issue. Your excuse of improvement to my land's value muddles your ability to make a sensible decision to effect repairs. I gave the baseball that was found on the property, to your Jeff Pratt during his visit, to take home to his boy. That settles it . It's your city, your park, your bat and your ball. During that visit, I was informed of the 1989 Walk -About the city and the State of Wash. Dept. of Ecology conducted on my land. It was mentioned that this area was in need of repair due to severe erosion, and that action should be taken to correct the problem. A telephone conversation with the State Dept. of Ecology confirmed this point. By your statements to the press, am I to consider that I must bear the burden of expense? The real issue is this. I no longer believe that your departments actions best serves the interests of the city. I think that your department has missed a golden opportunity. Do only one thing for me. Please get your stream, your ditch, your trench and your large abyss off of my land. Move it to the edge of the Right of Way of Redondo Way. The source of the water comes from your lake. It has been delivered to me under and around your streets via a culvert, that dumps its contents on my property on its south end. It has been allowed to run unchecked until it reaches the north portion of my land. There currently exists only about 100 feet of culvert between my property and Redondo Way. The effect of simply allowing the seasonal run -of water to meander through my property unchecked, has resulted in severe erosion to my land. It has claimed an unnatural course that is as much as 60 yards inside my property line. This is called encroachment. The severe erosion that has resulted, continues to wash my land away and topple trees. This is called damages. The use of my land has been taken away from me. This is called alienation. I am not afforded the Right of Quiet Enjoyment of my land. You are subjecting me to lawsuits that will arise from injuries sustained from falls into your ditch. Hence, the same will be directed to you. This is called liability. Previous public agencies have set a precedent, by placing culvert on and within my property boundaries. Since the City has been incorporated, duties now fall within your jurisdiction. It is now the City's responsibility, to maintain and to correct any previous transgressions that would have been the responsibility of King County. rm quite confident that you have the ability to sculpt and grade to your departments standards a stream that will enhance the water quality of our community. Just accomplish this task on your Right -of -Way, and I will not bother you with trivial culverting options any longer. I will be more than satisfied, to have regained the right to use and have possession of my land. I have no intention to develop my land. Therefore, I will not be filing an application to correct your problem for you. The transcript of the Pre-App. Meeting was supposed to be in my possession on the 14th. I was informed, that Mr. Garrow has faded to provide Mr. Kingman with his written comments. Is Mr. Garrow eating his words? I would appreciate more timely responses from you and your staff. Please feel free to change your mind, on decisions made in the past, regarding this difficult problem. I do not have the impression, that you have been provided with sufficient accurate information to make a correct decision in this matter. "Fill !" Phil. Mr Kingman can and will reach me in a timely manner if requested. If your position does not change, the issue will be brought to the attention of the City Council during its next scheduled meeting. This is not the end, only the start of a documented struggle that will continue till resolved Hopefully, an out -of -court settlement can be obtained. Respectfully, Michael Powers cc: Bill Kingman, Planner Sean Robinson, Federal Way News File V, 3 /2C'in� _ � i�2.-20- �..� � /�cl Q � � c c,J a,�c�s � c�°A►e��c� , 6 G ! - Y / 3 ?- - �,c_ q 1-- Cie- Admi n1 s+-a,%r Co % - 411)7 COMMUNITY DEVELOPMENT TECHNICAL REVIEW COMMITTEE AGENDA OF: July 7, 1994 ATTN: Bill Kingman Associate Planner FROM: Federal Way Water and Sewer SUBJECT: Agenda Item No. 2 - Powers Stream Culvert-- Preapplication COMMENTS: General: The proposal presented is difficult to follow and could probably be clarified with a map with the various ravines and punch bowls highlighted. Pictures or an all encompassing video would be nice. The project, as stated, does not seem to have any advantages to the District. Participation in a culvert installation is not currently listed on our Capital Improvement Program and would require approval of our Board of Commissioners. The letter submitted fails to present adequate information for staff to support the proposed project. SEPA Checklist Issues: The property sounds environmentally sensitive and should be addressed with supplemental analysis of impacts to creek and soils by existing conditions and proposed improvements. By: 40��z � Date: V CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: June 15, 1994 TO: Community Development Review Committee (CDRC) Members Kathy McClung, Land Use Administrator Ron Garriow, Senior Development Engineer Dick Mumma, Building Official Rick Gilmore. Supervisor of Technical Services, FW Water and Sewer Chris Ingbam. Inspector, KC Fire District #39 Tina Piety, Administrative Assistant FROM: Bill Kingiman, Associate Planner`�v PROJECT PLANNER: Bill Kingman PHONE: 661-4110 PLEASE RESPOND BY: Jume 23, 1994 FILE NUMBER: PRE94-W38 PROJECT NAME: Powers Stream Culvert PROJECT ADDRESS: 29300 Redondo Way South PROJECT DESCRIPTION: Culvert stream to facilitate future development. PROJECT CONTACT: I ike Powers, 30631 28th Avenue South, Federal Way, WA 98003 Phone: 996-1852 (pager) SEPA: SEPA will be requiiredL NOTE: The preapplication nweting with the applicant will be 10:00 am, July 7, 1994. PRE9438.M I C6 ejA tAll e, (A 6LJ- (Z7L 60 lttv- C-C ��'T 6-7 1 -7 City of Federal Way Memorandum TO: File FROM: Bill Kingman RE: Powers Stream Culvert, PRE94-0038 DATE: July 1, 1994 Mr. Powers contacted my by phone yesterday regarding his preapplication meeting scheduled for July 7, 1994. He stated he was in the right place at the right time to discussed his proposal, efforts and perceived delays with a city councilperson. I indicated there have been no delays of the preapplication and it is being processed per standard procedure (preapplication meeting three weeks after the application is submitted). Mr. Powers stated he contacted the local press regarding a story on the issue. The press was interested and prepared to publish the story prior to the preapplication meeting. Mr. Powers requested the story be held pending the preapplication meeting outcome. Mr. Powers further stated he was pursuing all options to achieve his goals. He also asked who Cary Roe was (apparently he was contacted by Cary). PRE9438.M2 CITY OF FEDERAL WAY DEPARTMENT OMECOWAMTy DEVELOPMENT MORANDUM DATE: June 15, 1994 TO: Community Development Review Committee (CDRC) Members Kathy McClung, Land Use Administrator Ron Garrow, Senior Development EnginN,r Dick Mumma, Building Official FW Water and Sewer Rick Gilmore, Supervisor of "Technical Services, Chris Ingham, Inspectors KC Fire District #39 Tina Piety, Administrative Assistant v FROM: Bill Kingman, Associate Planner PROJECT PLANNER: Bill Kingman PHONE: 661-4110 PLEASE RESPOND BY: June 23, 1994 FILE NUMBER: PRE94-0039 PROJECT NAME: Powers Stream Culvert PROJECT ADDRESS: 29300 Redondo Way South PROJECT DESCRIPTION: Culvert stream to facilitate future development. al Way, WA 98003 PROJECT CONT ACT. Mike Powers, 30631 28th Avenue South, Feder Phone: 996-1952 (pager) SEPA: SEPA will be required. The reapplication meeting with the applicant will be 10:00 am, July 7, 1994. NOTE: P . PRE9438-M l «,yam t� MA T7, LAND USE APPLICATION APPLICATION NO. P (� CH — b 0 3 2) DEPARTMENT OF COMMUNITY DEVELOPMENT 33530 1st Way South ♦ Federal Way, WA 98003 Date Agent Name of Applicant 0A Owner . 041 CE Address v ' -t c� c. t t Phone CIC10 1,'- t'�PidWhl� Signature •t r r r - �.i Owner Name/Address Phoiie (if different than applicant) � WA-? 1&oLMA Property Location Kroll Zone ?IS Ri <P- Legal Description Project Description DeveL-Opl�EPT Parcel Number(s) ©s Z � O A — C(() 4� B Type of Permit Required: SEPA Notice Sign Checklist Mailed Board Site Plan Review R R Land Surface Modification R R Boundary Line Adjustment Binding Site Plan R R R Short Subdivision Subdivision R R R Shoreline R R Variance R R R Conditional Use R R R Use - Process I R R Use - Process II R R R Use - Process III R R R Quasi -Judicial Rezone R R R Variance R* R R Comp. Plan/Rezone R R Annexation R R Lot Line Elimination *Pre -Application Meeting R =Required * =Optional by City To: BILL KINGMAN ASSOCIATE PLANNER CITY OF FEDERAL WAY FROM: MICHAEL POWERS 30631 28th AVE. S FEDERAL WAY JUNE 14, 1994 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CULVERTING DITCH ON REDONDO WAY J U H 14 1994 Dear Bill: Considering all that has been discussed to date, it is apparent that many parties will benefit by filling the ditch in front of my property on Redondo Way, most notably, the property owner, the city, the sewer and water district, and the public that uses Redondo Way. Because of this mutual benefit and the burden of expenses, I am proposing a joint venture. This association will serve to minimize the impact on each entity. Truly, the expenses necessary to accomplish this task are beyond my financial resources to effect. I hereby propose the following: 1. A joint study to determine the most economical approach to the problem that would address each party's needs and concerns. 2. Procure a contractor willing to clear and fill, in return for a permitted dump site. Both Lloyds Sand and Gravel and McCann Construction have expressed serious interest in the matter. Conversations with the sewer and water district personnel have revealed that considerable time and monies have been spent in the past to correct the sluffage of their mains. An engineer with the district has unformed me of a bid request that was submitted to a contractor for the purpose of installing wire baskets to control the erosion. The reported bid that was received was in the six figures. Obviously, this was more than they were willing or were able to budget, as nothing has been accomplished. 16th Ave. S continues to fall to the bottom of the ravine, and is washed into Puget Sound during the winter. The Director of Finance for Federal Way Sewer & Water District expressed his desire to take advantage of any cost effective means that could be worked out to save the water district money. A possible partial remedy to protect the general public is being considered by the city. This would entail the placement of approximately 1500 feet of guard-rail along Redondo Way. This would in most cases prevent motor vehicles from entering the ravine. Neighbors have reported at least two known instances of just such occurrence within the last 5 years. At least one death resulted. The installation of a guardrail is better than nothing, which is exactly what we have now, but the Cost vs. Result Equation on this approach does not make sense. More hazards exist that this expense will not correct. This alternative could be eliminated -thereby saving the city M considerable time and money. This should be of great interest to the citys budget director. The truly sensitive issue at hand is one of encroachment, erosion, and personal liability resulting from injuries that are sure to occur in the future. For the distance of approximately 600 feet, an open trench exists on my property. It's dimensions vary, but average 6 feet deep and 4 feet wide. This is a vertical walled trench that is very dangerous to children that have been seen in the area playing in or near it. The danger of a cave-in, a fall resulting in injury, and/or entrapment are very real. A child that could not remove him or herself from the ditch, could die whenever water runs through the property. As a grown adult, I have been in this ditch and I have experienced extreme difficulty getting out. The trench is a result of years of drainage across my property. The source of the drainage is the runoff from Steel Lake. The flow has been diverted from its natural course over the years by the construction of roads. The installation of culverts subsequently resulted in the divetsion of the water flow through my property with the affect that it intrudes into my property of up to forty yards in some places. This has alienated as much as a half acre of my property. At the north end of this trench, which is mid -span in reference to Redonda Way frontage, is what could be best described as a punch bowl. It is an extremely large hole about 18 feet deep and about 15 feet across. The bottom of this pit contains many three-man sized boulders. This is not merely dangerous to children, this is instant injury to anyone who falls into this abyss. The State Department of Ecology has walked this area with city officials and identified this area as one that has serious erosion problems. Your own Surface Water Manager has pointed out this fact, which was confirmed by the State in a recent telephone conversation. During that conversation, my previous attempt to culvert this area, my concern as to my liability, and the loss of use of my property were discussed. The net result offered by the State was to sue the City. Interesting! As you are well aware, rve either met with or have had telephone conversations with almost everyone involved with running your city that should or could have an effect on correcting this problem. I've been to the City Manager's Office, I've had repeated conversations with the Director of Public Works, I've met with your Surface Water Manager, and rve seen you, Bill, so many times rm starting to feel obliged to ask you "How are your wife and kids?" I've had people out on that dammed property representing the City in one capacity or another that haven't worked there in over a year. A long history of conversations with the Planning Dept. has directed that the responsibility for all permit fees, including engineering and cost to build, has been put on my shoulders without any assurance of acceptance. I am now at my wits end. Therefore, I am providing written notification, as directed by you, that I expect more cooperation from the City. In lieu of a timely permanent repair of the erosion problem, something must be done on a temporary basis to protect the public from the dangers on this property. Placing a temporary culvert and back -filling the trench seems to be the answer. If this cannot be accomplished, I want the City to provide a letter of responsibility for any injury claims that could result. I also have a need to culvert the ditch just to the north of the problem area. This is to provide a logical access point to the center of my property. This will enhance my property value both from a utility and monetary viewpoint. For this reason I offer a personal liability for financial and physical assistance. I am proposing that the City, Sewer and Water District and I form a partnership arrangement and work together for mutual benefit at the cost of mutual sacrifice. In closing, I truly hope that this will clarify my position in this matter and we can work together to effect a viable solution which would stave litigation. Pm sorry that this letter is not that which streams are made of. 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