Council OKs design work for Park St. drainage fix

Oxford Village officials took a step last week toward fixing a drainage problem on Park St. that caused a homeowner more than $8,000 in flood damage in January.

Council voted 5-0 to approve a contract with the Pontiac-based Nowak and Fraus Engineers to design appropriate drainage for four residential lots on the south side of Park St., west of Jersey St., for an amount not to exceed $2,600.

According to village attorney Bob Davis, the owner of the four lots, Dan Ludwig, has agreed to pay 50 percent of the design costs and 100 percent of the construction costs for the drainage solution, which, at this point, will take the form of either a ditch or a swale, depending on what the engineers deem sufficient based on their calculations.

“It’s going to be an engineer-certified remedy,” Davis told this reporter.

A topographic survey of the affected area is to be completed within two weeks of council’s authorization, while the engineering drawings are to be done within four weeks of authorization, according to the contract with Nowak and Fraus.

Village Manager Joe Young told council the engineers have been told “this is a priority item.”

“They’re aware of the urgency and the need,” he said.

Back in January, Steve Ruch, who owns the home at 103 Park St. watched his basement flood twice during the rains.

He suffered $8,282 worth of damage, which included carpeting, flooring, clothing and furniture, according to a claim he submitted to the village.

Ruch attributed the flooding to the construction work being done at 100 Park St., which is across the street on the south side, just east of his home.

He claimed Ludwig, who is also the builder and received all the necessary permits, “significantly changed” the site’s grade and filled in an existing drainage ditch, which caused excess storm water to flow onto his property and flood his basement when the January rains came.

Village engineer Chad Findley, of Nowak and Fraus, pointed to 100 Park St. as the source of the additional water.

“Based on my site visit, it appears that the new development along the south side of Park Street is contributing to an increase in storm water runoff to 103 Park Street,” he wrote in a Jan. 20 email to the village.

Village officials also determined work was done at 100 Park St. without the required silt fence, a temporary sediment control device used on construction sites. It is felt this could have helped divert some, not all, of the water away from Ruch’s property. A silt fence has since been erected.

At the Feb. 14 village meeting, Ruch admitted to council his backyard tends to flood, but “the most water that’s ever been” there in 30 years was “ankle deep.” The January rains and stormwater runoff from 100 Park St. produced “knee deep” flooding, he told officials.

To prevent future flooding, Nowak and Fraus has been charged with designing sufficient drainage for 100 Park St. and three other lots owned by Ludwig, all of which are currently vacant.

Ruch received $8,282 from the village’s insurance carrier as reimbursement for the damage he suffered.

Along with the money, Ruch also signed a two-page “settlement, release and hold harmless agreement” with the village on March 6.

As part of that, Ruch is supposed to make some changes to his land as well. He agreed “to ensure” that his own property “is restored to a condition so as to prevent the accumulation of water, runoff or otherwise, between” his swimming pool and house.

“This shall be done at the sole expense of the property owner,” the agreement states.

“He’s going to have to either use part of that (insurance) money, or his own money, to recontour his own land, so that he doesn’t have this area (on his property) where that (storm) water is tending to pool even (with) light rains,” Davis explained.

“If (Ruch) chooses not to fix his land, then he’s never going to have another claim (with the village),” the attorney noted. “He’s got to take some responsibility.”

By having the village, Ludwig and Ruch all paying toward this drainage fix, Davis said, “Everybody’s got some skin in the game.”

“Everybody’s got a little bit of benefit here and everybody’s got a little bit to do,” he said. “We’ve made a nice, all-around deal. I don’t know why anybody involved wouldn’t follow through.”

 

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