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Chisago City council refuses developers request to transfer troubled infiltration basin
Summary
The council voted not to accept transfer of the South Lindstrom Shores infiltration basin from developer Don Skelly after staff reported the basin is plugged with silt, MPCA compliance is outstanding, and the city could face significant costs to bring it into compliance.
Chisago City Council voted Oct. 28 to decline a developer's request to transfer responsibility for a failing infiltration basin at the South Lindstrom Shores development.
Administrator John Pechman told the council that the Minnesota Pollution Control Agency (MPCA) has not allowed transfer of the basin because it is not draining properly; MPCA issued non-compliance letters to the two adjacent homes for lack of silt fence. The developer, Don Skelly, has asked the city to accept the MPCA permit and take responsibility for fixing the basin, which the city escrowed $3,000 to address when the developer completed the work.
Council member Craig Meyer said the escrow was intended as partial remediation funding, not to shift long-term responsibility to the city. "I feel like he is trying to throw the city under the bus," Meyer said. Mayor Jeremy Dresel agreed the council needs clarity on whether the basin requires a new design and what it would take to reach MPCA compliance.
City Engineer Nate Stanley told the council the basin is a filtration basin with plugged filter media; he said retrofit options might be possible but could incur significant costs and that alternatives such as converting to a wet pond or installing structural treatment would require further study.
After discussion, Council member Mark Anderson moved and Council member Nikki Battles seconded a motion to not accept the permit transfer or assume responsibility for the infiltration basin; the motion passed with all ayes.
The council did not direct immediate remedial work by the city; instead, members asked staff to continue researching options and costs for bringing the facility into compliance and to report back. The developer's escrow and MPCA communications remain part of the record.
