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6.16. SR 10-20-1997ity of iver MEMORANDUM Item TO: FROM: DATE: SUBJECT: Mayor and City Council Scott Harlicker, Planning Assistanl~ October 20, 1997 Consider Initiating Ordinance Amendment for Accessory Structures Within the Urban Service District Issue There has recently been an increase in the number of variance requests to exceed the maximum square footage allowed for accessory buildings. At the last Board of Adjustment meeting, the Board suggested that staff review the existing ordinance relating to the size allowed for accessory structures and how it affects larger parcels in the urban service area. Recommendation The City Council is asked to consider initiating an ordinance amendment that will base the square footage allowed for accessory structures, for lots located within the urban service area, on the size of the lot on which the structure will be located. \\elkriver\sys\shrdoc\planning\scott\accstamd.doc 13065 Orono Parkway * P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 ity of E ver MEMORANDUM TO: Mayor and City Council FROM: Steve Ach, City Planner~.cj~ DATE: October 20, 1997 SUBJECT: Drainage Issue in Heritage Landing 2na Addition Over the past couple years, staff has been working with the developer, Dennis Chuba, and a resident, Jim Anderson, in Heritage Landing 2na regarding a drainage matter than exists between Heritage Landing 1st and 2na Addition. In summarizing the issue, there was improper grading along the south lot line in Heritage Landing 1st Addition which left the area 2 feet higher than it was approved. In order to rectify the problem a deep swale or ditch was constructed along the rear lot lines of the homes in Heritage Landing 2na. The developer granted the City an easement in addition to the easement that was dedicated on the plat to accomplish this ditch. As it turns out, when the developer granted an easement to the City he did so on a piece of property he did not own. The property owner, Jim Anderson, brought this to staffs attention and opposes the ditch in his back yard and has tried to resolve the matter with the developer and staff over the past year and a half. At one point, Pat Klaers contacted the developer and indicated the City would share in the cost of installing a storm sewer along the rear yards which would eliminate the ditch and make for a much better drainage system. The developer declined and therefore, the ditch has been left in place. A resolution to this issue has not been reached in the last year and a half and Mr. Anderson has recently informed me he will proceed to fill the ditch since there is no public drainage and utility easement in place. I am not certain if this will cause a drainage problem on the adjacent properties, however, without the easement in place, the City has no recourse to prevent Mr. Anderson from filling this ditch. I wanted to make the Council aware of this issue in case you receive any calls from residents within the Heritage Landing area regarding either the work that Mr. Anderson will be performing or any drainage matters as a result of filling this ditch. With the recent policy the City has implemented regarding certifying grading of sites prior to issuance of building permits, the situation which occurred in Heritage Landing is now being avoided. If you have any further questions or comments, please feel free to call me at 441-4902. I have attached correspondence from over the past two years for the Council's information. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 HCR 3 Box 197A Remer, Mn. 56672 September 1, 1997 Steve Ach, City Planner 13065 Orono Parkway P.O. Box 490 Elk River, Mn., 55330 Dear Steve, It is now nearly a month since your response to Dennis Chuba regarding his latest grading plan on our lot at 13361 179th Circle N.W. We have tolerated the 20 Ft scar across our rear yard for nearly a year. Our patience is at an end. The last communication we had from Mr."ChUba stated the easement error would be filled and sodded when the construction of Joplin Road was complete. The absence of any word from Chuba seems to indicate a continuance of the year long stall. Have you had any response to your letter to Chuba of 8/4/97? Sincerely, Jim Anderson HCR 3 Box 197A Remer, Mn. 56672 August 7, 1997 1997 Steve Ach, City Planner 13065 Orono Parkway P.O. Box 490 Elk River, Mn 55330 Dear Steve, We received your letter today. Thanks much--believe you hit the nail right on the head. As you pointed out, I am going to have to deal with Dennis Chuba, and since my experience with him thus far has been anything but satisfactory or fruitful, I see no other course than to seek legal counsel. We are adamant that no easement will exceed that which was in effect before the 20 foot error--six feet on either side of the north boundry, and a ditch is not acceptable. Sincerely, of iver August 4, 1997 Dennis Chuba 10451 175th Avenue NW Elk River MN 55330 Dear Dennis: Over the past year a resident in Heritage Landing 2nd Addition has contacted either Terry Maurer or myself to discuss two issues of concern. One of these issues relates to the drainage ditch along the rear property hne of his lot. Apparently, the property owner has expressed the same concern to you which has prompted submitting a grading plan illustrating the relocation of this existing ditch. Staff doesn't believe the plan is satisfactory because a portion of the ditch would extend outside of the existing drainage and utility easement. Therefore, staff is not approving the grading plan as it has been submitted. The second issue relates to the easement document signed granting the city necessary drainage and utility easements to facilitate correcting the grading error on Heritage Landing 1st Addition. This document was originally signed by yourself as the property owner. I was informed last year by the affected resident that he was the property owner at the time you had executed the easement agreement. Therefore, the 20 foot easement, thought to be in place, now raises the question whether the easement document is vahd. The city attorney has indicated a concern with the document as it exists today and has suggested having the document resigned by the current property owner. This particular issue is of greater importance since the city understood a drainage and utility easement would be granted along the north 20 feet of Heritage Landing 2"d Addition to facilitate the necessary drainage correction. Without the easement in place, obviously the drainage is flowing across private property. This is a matter which needs to be resolved. 13065 Orono Parkway · P.O. Box 490 · Elk River. MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 In closing, it would be in everyone's best interest if these two issues could come to conclusion soon. I have asked the affected property owner if he would be interested in executing a new drainage and utility easement for drainage on his site. He has indicated that he is not interested in signing this easement. Therefore, I feel it is your obligation to negotiate with the property owner to obtain the necessary easement. The other alternative is to reconstruct the ditch or some storm sewer system within the existing easement on Heritage Landing 1st and 2nd. Please contact me at your earliest convenience so we can discuss this further. Sincerely, City Planner CC: Jim Anderson Terry Maurer City Council \\elkriverksys\shrdockplanning\heritag2.doc 13361 179th Circle N.W. Elk River, Mn., 55330 July 21, 1997 Mr. Steve Och Planning & Zoning Elk River, Mn., 55330 Steve, In reference to our conversation this noon, this ditch has become a major irritant to us, and probably to you as well. In the interest of complete understanding, I urge you to make a personal inspection. You will see a virtual jungle of weeds within the confines of this drainage ditch. I have cut the weeds in the area adjacent to my property, but the rest of it is just a mess and will get worse as time goes on. I cannot believe the city will tolerate such an eyesore. When we purchased this lot the plat indicated a 6' easement on the North side of the property and an equal amount on the adjoin- ing lots. A justification for placing the ditch totally on our property was the fact that the adjoining lots were improperly graded. It would seem that the responsibility for correcting this error should be borne by the persons who caused the error-- not by causing us to bear the drainage totally. Hopefully the original 6' easement will prevail, since the 20'one was based on a false claim of ownership. I urge you to press for immediate action. There was indication at a meeting with Terry Maurer and Mr. Chuba that this would be accomplished in late spring, or with completion of the Joplin project. There must be a better solution than this ugly ditch. Yours Truely, Jim Anderson 13361 179th Cir. N.W. Elk River, Mn., 55330 June 27, 1997 Steve Och Elk River Planning and Zoning Dept 13065 Orono Parkway P.O. Box 490 Elk River, Mn. 55330 Steve, I just talked to Terry Maurer, and he told me he had examined Chuba's plan for restoration of the easement on the lot at 13361 179th Cir. N.W., and forwarded it to you with his comments. We are leaving here tomorrow for the lake and will return in about two weeks unless there are urgent reasons for our return. Our main concern in leaving is that the resultant drainage easement give recognition that there are, or were 6' easements on both the adjoining lots here, and any resultant ditch or drainage elev- ation be carried by _bo~k lots--not entirely on this lot. At least this is the way it is spelled out in the original plat sur- vey in my understanding. Again, we wish to express our gratitude for your concern and assis- tance in the past. Yours truely, //J~n~M e qnderson 13361 179thCircle N.W. Elk River, Mn. 55330 October 25, 1996 To: Steve Ach City of Elk River Re: Drainage Easement - Lot 3, Block 1, Heritage Landing, 2nd Addition. 5/01/95 - Contract with Harold Gramstad for the purchase of property and the building of a home. Downpayment on lot made by Andersons. 7/25/95 - Warranty Deed signed by Dennis Chuba to Harold Gramstad. 7/27/95 - Andersons paid remainder of cost for lot to Harold Gramstad. 8/07/95 - Andersons received Warranty Deed to property from Harold Gramstad. 9/29/95 - Grant of Easement signed by Dennis Chuba in which he alleges he is the owner in fee simple of the property which includes lot 3, block 1, Heritage Landing, 2nd Addition, and that there are no other encumbrances or verbal or written agreement of any nature whatsoever affecting title to the Easement Tract. 4/03/96 - Property deeded by Andersons to Gramstad Homes as requested to simpli~ insurance coverage during construction of home. 8/28/96 - Closing on property and completed home. Deeded to James D. and Marjorie A. Anderson. ~d ~derson City of MEMORANDUM River Lori Johnson, Asst. City Administrator Steve Ach, City Planner FROM: DATE: Pat Klaers, City Ad~~ December 18, 1995 SUBJECT: Heritage Landing Drainage During this past summer, there was a ~eat deal of discussion regarding the drainage problems associated with the Heritage Landing plats. Apparently, sections of Heritage Landing I and Heritage Landing II were not g-faded according to the approved grading plans. When this happens, drainage problems are the result. I am not "up to speed" on all of the drainage problems with these plats or what all has transpired between the developers, engineers, and the city regarding the Fading and drainage issues this past summer. However, this past fall I did go out a number of times, once with Steve Ach a_nd Terry Maurer, to look at the area between Mr. Kincanon's home and the new homes to the north (two of which are owned by the Zerwases and the Eberts). After looking at the situation, it became clear that people bought lots and built homes and then a drainage ditch appeared on their rear lot line that was not planned or anticipated. To me, this does not seem fair. A bigger concern is the vision I have of the Deerfield III water situation happening again. As you know, with the Deerfield III situation, the city spent in excess of $150,000 to fix a residential drainage issue. I would like for you both to know that on October 17, 1995, I called Mr. Denny Chuba and offered city assistance to fix the drainage problem in this above noted area and to improve the aesthetics of the lots. I advised M_r. Chuba that the city would pay 50 percent of the cost to install a drainage pipe and regrade the lots in this area. I noted that the total estimated cost for the work was in the $16,000 to $18,000 range. The response from Mr. Chuba was that everything is working fine and that he doesn't see any need to correct any drainage in this area. However, he did note that Mr. t<incanon was out of town and that he would discuss this offer and situation with him. I did not receive a return phone call from Nix. Chuba regarding my verbal proposal to share the expenses to correct the drainage and aesthetic problem. 13065 O~'ono Parkway · P.O. Box 490 · Elk River. MN 55330 · i612)44t-7420 · F;tx: (612) 441-7425 When and if any drm~nage problems develop for the homeowners, I would like for you both to be awaxe that an offer was made by the city to work with the developers, but that this offer was rejected. Additionally, it is good to know that tiffs type of clr~inage problem will not happen m the future as the developers are now required to certify that the plat has been ~aded according to the approved plan. If you have any questions regarding my offer to the developers of Heritage Landing I and II, please feel free to contact me. cc: Terry Maurer {'OX~I'LTIIGEIGIEERS 1326 Energy J~ark Drive St. Pad, MN 55108 612-644-4389 1-800-888-2923 Fax: 612-644-9446 __ October 25, 1995 File: 230-171-11 Mr. Pat Klaers City Administrator City, of Elk River 13065 Orono Parkway Elk River, MN 55330-1900 HERITAGE LANDING SECOND ADDITION REAR YARD DRAINAGE Dear Mr. Klaers: CiViL ENGINEERING ENVIRONMENTAL MUNICIPAL -%ANNING SOLID WASTE ST2UCTURAL SURVEYING TRANSPORTATION ~L.:~RICAL/MECHANICA= ENGiNERiNG HVAC SCADA SYSTEM CONTROLS OFFICES IN: MINNEAPOLIS PRIOR LAKE ST. PAUL WASECA As you requested, I am writing this letter to document our findings from investigating the rear yard drainage situation between Heritage Landing Addition and Herita2e~ Landing 2nd Addition. As you are aware, there is a relatively prominent swale that was constructed in this area to carry drainage from the west end or: the plat to the east end. It is our opinion that the drainage on the 2nd Addition had to be modified in the field because the grading on the 1st Addition was not completed according to the approved grading plan. The lots that abut the 2nd Addition in the 1st Addition were left high and without defined swales from the rear yard to the street along their sides. For your reference, I have researched our Erie and put together the following chronological order of events documenting this grading problem. I have also attached copies of each of these letters for your use. April 15, 1994, MSA letter to Steve Ach. Item #4 indicates that there is no definition of where drainage off the northerly side of the plat ends up. No topography is shown for these lots along Heritage Landing Addition. Additional topography is required. June 15, 1994, letter from John Oliver & Associates to Terry Maurer. This letter responds to the previous April 15th letter. Item #4 indicates spot elevations and drainage arrows have been added to the northerly side of the plat. July 11, 1994, letter from MSA to Steve Ach. Item /14 indicates that the information added to the plan is in error as documented from building permits issued on Lots 3-7 of Heritage Landing. Essentially, John Oliver & Associates reproduced the same information for Heritage Landing that was approved, but not followed during the grading process. This letter asks the question, if the drainaze will work properly, and indicates the plan should be revised to show accurate existing elevations. 230/171-2512.oct An Equal Opportunity Employer Mr. Pat Klaers October 25, 1995 Page Two July 26, 1994 letter from John Oliver & Associates to Terry Maurer. Item//4 indicates spot elevations have been checked and changed to indicate the currently existing elevations. This letter is the first indication we have that the intent of the Developer is to grade a swale in the drainage easement along the back lot lines. The elevation of the swale is indicated by the spot elevations on the plans. This letter also indicates that there will be regrading in Heritage Landing between Lots 5 and 6. ~ ~ August 12, 1994, letter from MSA to Steve Ach. Item//2 questions how a swale that gets 2 feet deep at one point can be constructed along the rear lots of Heritage Landing Addition, which already have their yards f'mished and sodded. It indicates that the drainage plan will work, but it questions how they will be physically constructed, given the current status of Heritage Landing Addition. June 1, 1995, letter from MSA to Todd McLouth, John Oliver & Associates. This letter documents a discussion with Mr. Kincannon indicating that the grading has not adequately addressed the drainage in this area and needs to be corrected prior to final acceptance of Heritage Landing 2nd Addition. · June 20, 1995, letter from MSA to Steve Ach. This letter indicated that there has been a revised drainage plan in this area that will now handle the drainage and that we through our on-site inspection will make sure that this is completed according to this plan. This is the actual improvement that was made in this development. For your information, the Planning Department and Building and Zoning Department have attempted to rectify this situation on future developments by requiring the Developer to submit a letter through his surveyor, certifying that the plat has been graded according to the approved plan. At the same time, we are making spot checks of critical locations or any other areas we feel are in question. ' We have looked at ways to improve the situation along the rear lot line of Heritage Landing 2nd Addition. It would be possible to install a pipe in this location to carry the runoff from small frequency storms, while still having a small lesser defined swale over the top of the pipe to carry any larger frequency rainfall events. We have done a preliminary estimate and design of such an installation and have determined that its costs would be between $16,000-$18,000. If the City decided to participate in the cost of such an installation, I would suggest that the best scenario would be to have the Developers design and install the pipe, have the City inspect its installation, and then participate by contributing cash. I 230/ 71-2512 oct Mr. Pat Klaers October 25, 1995 Page Three would also suggest that the time to construct such an installation is now. Once the lots in Heritage Landing 2nd Addition start to develop, it will be very difficult to work and establish rear yards of existing homes. If you have any questions or would like further work done on this issue, please call. Sincerely, MSA, CONSULTING ENGINEERS Terry J. Maurer, P.E. TJM:pd Attachments 230/171-2512.oct 1326 Energy Park Drive S~. Paul, MN 55108 612-644-4389 1-800-888-2923 Fax: 612-644-9446 ELEZ':~C,~L,, MECHANICAL SYST?.~ CONTROLS OFFICES IN: MINNEAPOLIS PRIOR LAKE ST. PAUL WASECA October 13, 1995 File: 230-177-40 Mr. Pat Klaers City Administrator City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 HERITAGE LANDING 2ND ADDITION REAR YARD DRAINAGE Dear Mr. Klaers: As you requested, I am writing this letter to document our f'mdings from investigating the rear yard drainage situation between Heritage Landing 1 st Addition and Heritage Landing 2nd Addition. As you are aware, there is a relatively prominent swale that was ~onstructed in this area to carry drainage from the west end of the plat to the east end. It is our opinion that the drainage on the 2nd Addition had to be modified in the field because the grading of the 1st Addition was not completed according to the approved grading plan. The lots that abut the 2nd Addition in the 1 st Addition were left high and without defined swales from the rear yard to the street along their sides. For your information, the Planning Department and Building & Zoning Department have attempted to rectify this situation on future developments by requiring the Developer to submit a letter through his surveyor certifying that the plat has been graded according to the approved plan. At the same time, we are making spot checks of any critical locations or any areas we feel are in question. We have looked at ways to improve the situation along the rear lot line of Heritage Landing 2nd Addition. It would be possible to install a pipe in this location to carry the runoff from small frequency storms while still having a small, lesser defined swale over the top of the pipe to carry any larger frequency runoff events. We have done a preliminary estimate and design of such an installation and have determined that its cost would be between $16,000 and $18,000. If the City decided to participate in the cost of such an installation, I would suggest that the best scenario would be to have the Developers design and install the pipe, have the City inspect its installation, and then participate by contributing cash. I would also suggest that the time to construct such an installation is now. Once the lots in Heritaee Landing 2nd Addition start to develop, it will be very difficult to work in established rear yards of existing homes. An Equal Opportunity Employer Mr. Pat Klaers October !3, !995 Page Two If you have any questions or would like further work done on this issue, please call. Sincerely, MSA, CONSULTING ENGINEERS Terry J. Maurer, P.E. TJM:tw 177-1308.oct May 26, 1995 Mr. Steve Ach City of Elk River 13065 Orono Parkway Elk River, Mn. 55330 Dear Steve, Thank you for spending your time with me yesterday discussing my concerns regarding the drainage from the new plat south of Heritage Landing which Rich Kincanon is presently putting in. I really appreciate your efforts and the efforts of Terry Maurer. As I understand our discussion, is seems that you agree that the potential for a drainage problem does exist as the present grades are set. As we left it, Mr. Kincanon is to provide you with a drainage solution which would involve draining the water past lots 2 through 8 to an opening on the east end of the block. Mr. Kincanon stopped back at my house later in the the day to tell me that his engineer, John Oliver, does not believe there will be a drainage problem. Rich implied that probably nothing would need to be changed. I do not agree with that idea. If the potential for a problem exists, now is the time to correct it. A simple belief that is may not exist on the part of Mr. Oliver, does not change the fact that it could happen. It seems to me that the original idea put forth by Mr. Mauer, and yourself is the best way to limit the potential of it happening. With the drainage being set up to run past lots 2 though 8, we eliminate the potential hazzard for several home owners, with a minimal amount of additional work. I hope that you and Mr. Maurer continue to see it as I see it. Again, I appreciate the time that both of you spent with me. Please keep me informed as to your decision. Sincerely, 13354 179-1/2 Ave Elk River, Mn. 55330 cc: Mr. Terry Maurer, Mr. John Dietz, file Howard R, Green Company CONSULTING ENGINEERS October 20, 1997 File: 230365m CONSULTING ENGI~F~ Consulting Engineers Mr. Pat Klaers City Administrator City of Elk River 13065 Orono Parkway P. O. Box 490 Elk River, MN 5530-0490 RE: RESOLUTION FOR COOPERATIVE AGREEMENT FOR IMPROVEMENTS TO WEST TH 10 FRONTAGE ROADS Dear Mr. Klaers: As we have done in the past, with the construction of the North Frontage Road at Joplin and a portion of Joplin south of TH 10, we are attempting to get Mn/DOT to participate in the westerly extension of Business Center Drive to serve the Sherburne County Government Center. To initiate this process attached is a draft resolution that needs to be adopted by the City Council. Once this is adopted we will submit it to Mn/DOT with a layout of the proposed improvements and look for a determination by Mn/DOT as to whether or not this road extension provides benefit to the Trunk Highway System. If they determine that thero is a benefit to the Trunk Highway System they will likely participate in the partial funding of the roadway. There is, however, no guarantee that they will participate in the funding or if they do choose to participate, that monies will be available in 1998. If in fact they do participate in the funding, and monies are not available in 1998, we will ask for a cooperative agreement that would reimburse the City for the portion of the project that Mn/DOT determines to be fundable, as soon as monies aro available in future years. If you have any questions regarding this information please call. Sincerely, Howard R. Green Company Terry J. i~laurer, P.E. TJM/et Attachment O:~proj~30365\365-2001 .oct 1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 800/888-2923 RESOLUTION 97 -112 A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO ENTER INTO A COOPERATIVE AGREEMENT FOR IMPROVEMENTS TO WEST TRUNK HIGHWAY 10 FRONTAGE ROADS WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City of Elk River is requesting the Minnesota Department of Transportation to participate in certain improvements along a portion of Trunk Highway No. 10 located in the City of Elk River in Sherburne County; and Howard R. Green Company, Consulting Engineers representing the City of Elk River has met with Mn/DOT District 3 in the planning of said improvements; and said improvements will limit access to designated street intersections with Trunk Highway 10; and said improvements will improve the level of service of through traffic along Trunk Highway 10; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Elk River, Minnesota: That the State of Minnesota, Department of Transportation is requested to enter into an agreement for improvements on the aforesaid portion of Trunk Highway 10 consisting of the south frontage road along Trunk Highway 10 between the existing west end of Business Center Drive and the west side of the Sherburne County Government Center property. BE IT FURTHER RESOLVED that following approval by the Minnesota Department of Transportation of plans and specifications for said improvements of said trunk highway and before a contract is awarded for the construction of said improvements: The State shall enter into an agreement with the City which shall provide that the State pay its share of the cost of the requested improvements as determined by the State in keeping with the latest edition of Mn/DOT Policy Guidelines (a copy of which has been received for the Minnesota Department of Transportation's District Engineer); and If the City lets the construction contract, the State will deposit with the City, upon demand after execution of this agreement and before the start of construction, a sum equal to an estimate of the State's share as prepared by the Minnesota Department of Transportation; and The City shall, in addition to paying it proportionate share of the cost of the proposed work, obtain at its sole cost and expense, all necessary right-of-way easements and construction permits for the work to be performed outside the limits of the trunk highway or established City streets and roads, together with all drainage outlet rights where necessary. Such easements, permits, and rights shall be obtained and certified copies of them furnished the Department of Transportation before and contract for the proposed work is awarded. Pass and adopted this 20t~ day of October, 1997. /HenrT/A. Duitsman, Mayor ATTEST: ~Sandra A. Thackeray, City Clerk O:\proj~230365\365-2002. oct