4.6. SR 12-22-1997xy of
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MEMORANDUM
Item #4.6.
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
~ tc eKlma:er~ '2 ~i tl~ 9A; mi ~r
Heritage Landing I and II Drainage
Issue
The drainage issue in the Heritage Landing I and II area has not been
resolved. When Heritage Landing II was approved in 1995, the developers
indicated that a drainage ditch or swale would be constructed in this
easement and not on the Heritage I easement area.
Over the past few months there has been some disagreements between
property owners in Heritage I and II and the developers of the subdivisions
over the alleged filling in of the Heritage II easement which could disrupt the
drainage pattern in the area. This alleged filling of the drainage area has
reopened a number of old issues about the grading and landscaping in this
area, and to some extent, the drainage issue has disintegrated into a finger
pointing - he said/she said type of situation. It is clear that any final
resolution of the drainage concern is going to make at least one property
owner, and maybe more, unhappy.
The Council reviewed the overall situation on October 20, 1997, and has
received a number of updates since that discussion. Most recently, on
November 17 the Council agreed to have the drainage reestablished within
the existing easement on Heritage Landing II and, as much as possible, to
stay off the Heritage Landing I area. This solution is contrary to the wishes
of the property owner in Heritage Landing II.
In November the hope was that the developers could proceed with City
Council support to reestablish positive drainage in the easement area. This
has not been the case and it appears clear that this issue cannot be resolved
unless the city gets more closely involved with implementing the solution. In
this regard, it may be necessary for the city to hire the construction company
to do the drainage work contingent upon the developer reimbursing the city
for these expenses.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 ° TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
In a nutshell, a drainage problem exists, the city has the right to do work in a
drainage area, we want work completed now before the ground is frozen, and
we want the developer to pay for this expense. In this regard the city is
willing to take the lead and hire the contractor for the work. The Council
should understand that this action will make one property owner very
unhappy and may very well lead to the city being sued, but this probably
won't be avoided no matter what action the city takes and, especially, flit
takes no action.
\\elkriver\sys\shrdoc\councilkhrtgi-2.doc
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MEMORANDUM
Item #4.4.
TO:
FROM:
DATE:
Mayor & City Council
Pat Klaers, City Admim~/~r
November 17, 1997
SUBJECT: Drainage Issues - Heritage Landing
Three Heritage Landing I & II drainage meetings have been held since the
Council last met on 11/3/97. The responsibility for solving this problem lies
with the developers and their engineer. The 1995 solution to the drainage
problem was to have a drainage swale all on the Heritage II easement. Part
of the basis for this solution was that the water that gets to this area comes
exclusively from Heritage II. This is regardless of the fact that Heritage I
was graded incorrectly.
At the Thursday, November 13, 1997, meeting, the developers indicated that
they would reestabhsh the drainage in this area all on the Heritage II
easement. It was stated that this drainage solution would function properly
in spite of the fact that an additional drainage easement has not been
obtained over Lot 3. This means that the drainage work along this lot in
Heritage II will have to be completed within the six foot area that is part of
the platted easement. The developers and their engineer indicate that this
can be accomplished.
\\elkriver\sys\shrdoc\council\heriidrn.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
City Council Minutes
November 17, 1997
Page 3
MAYOR DUITSMAN, COUNCILMEMBER THOMPSON AND COUNClLMEMBER DIETZ
OPPOSED.
It was the consensus of the Council not to add back any of the proposed tax
revenue cuts at this time.
4.2. Update on Old Municipal Liquor Store
City Administrator Pat Klaers indicated that Councilmember Holmgren has
expressed some concerns regarding the Council's decision to lease the old liquor
store. Some of the concerns include the city's liability while leasing the property;
whether it would be best to sell the property rather than lease it: the cost of
necessary building improvements to bring the building up to code: and whether
this is the best spot for a teen oriented business. The City Administrator stated that
he does not believe the city should sell the property at this time.
Councilmember Holmgren indicated that he is concerned about the property
because of the potential activities that will take place. He suggested that the
city have an appraisal to help establish a reasonable market value. He further
stated that it may be best to sell the property on a contract for deed instead of
leasing the property.
Mayor Duitsman indicated he felt the city should hang on to the property as it will
more than likely become more valuable as time passes. After further discussion, it
was the consensus to invite the Watzs' to make a presentation to the council
regarding their proposal for the liquor store site.
4.3. Buildin.q Official Updates
Building Official Cliff Skogstad updated that council on several building issues
which included the following:
The Ryding house - library parking lot
· The new liquor store
City hall building health
· Ice Arena
Drainaqe Issues - HerJtaqe Landin.q
City Administrator Pat Klaers indicated that an agreement has been reached
regarding the drainage issues in Heritage Landing I & II. The developers have
indicated that they would reestablish the drainage in this area on the Heritage
Landing II easement. The City Administrator explained that since that
agreement, a property owner in Heritage Landing II has indicated that he did not
agree with the solution. It was the consensus of the Council to move ahead with
the plan to re-establish the drainage using the Heritage I1 easement.
The City Council recessed at 7:00 p.m. and moved to the Council Chambers. The
mayor reconvened the Council meeting at 7:05 p.m.
Howard R, Green Company
CONSULTING ENGINEERS
November 19, 1997
File: 230273-90
Formerly MSA
Consulting Engineers
Mr. Lynn Caswell
John Oliver and Associates
580 Dodge Avenue
Elk River, MN 55330
RE: HERITAGE LANDING DRAINAGE
Dear Mr. Caswell:
Pat Klaers has received several inquires as to whether the City of Elk River will be officially
approving plans for the drainage improvement that has been discussed between Heritage
Landing 1st and 2nd Addition. This letter is intended to document the discussions that we have
had thus far, through the various meetings concerning the proposed improvements. Hopefully
then, this letter will serve as City approval of the proposed improvement.
It is our understanding that the developers propose to construct a swale that is approximately 1-
foot deep. The cross section of this swale, as presented at the meeting at City Hall, was 3:1
side slopes with a 2-foot bottom. This will provide for a drainage swale that is easily
maintainable by power lawn equipment. It is also our understanding that the construction of this
swale will begin at the southerly 6-foot drainage and utility easement line in Heritage Landing
2nd Addition, and will proceed northerly into Heritage Landing 1st Addition drainage and utility
easement as far as necessary to construct the improvement.
Pat Klaers, indicated at last Monday evenings City Council workshop, that once this
improvement is completed this will be the last time that the developers will be responsible for
this work. However, given the time of year they obviously will not be able to fully restore any
swale that is constructed. Therefore, City approval and acceptance of the drainage work will
not take place until the Spring of 1998 when the area can be fully restored by resodding the
swale.
If you have no questions regarding any of this information, this will suffice as City approval of
this concept of drainage improvement in the drainage and utility easements provided in the
Heritage Landing 1st and 2nd Additions.
Sincerely,
Howard R. Green Company
Terry J. Yvlaurer, P.E.
cc: Pat Klaers, City Administrator
Denny Chuba
1326 Enerav Park Drive · ,c;t Paul MN .~.";10R · 612/6,~4-ztRR9 fax Rl?/R,~z~-C~a,~¢; trill fro, c, RCi(3/RRR-?923
~EC-12-97 FRI 11:51 CHUBA CO 4415835 P.02
HERITAGE LANDING
Development Company
3 December 1997
TO: All concerned parties
Re: Drainage ~n Heritage Landing I & II,
Purpose:
Restore easterly flow of water in Heritage Land!ng II
easement,
1) Restore drainage in Heritage. Landing II by means of excavating
to the ditch bottom grades as shown in exhibits A & B
sttached. ,
2)-Ditch bottom shall be a minimum of 1' and maximum of 2' wide.
3) Sides to have 3 to ! sl6pes from bottom up.
4) All cuts to start no further, than 6' south of property line
between Heritage Landing I & II and extend to the north no
further than.5'. ~!tdth of cut will be determined by depth of'
cut.
5) Due to weather conditions 'in December, the disturbed areas
will not be sodded until sod fields are cutting in the spring
of 1998.
6) By request of Mr James Anderson, soil removed between his
property line and the southerly 6' drainage easement will be
deposited, in piles to the 'south 6f the 6' easement on his
property, Said piles cannot block drainage,
7) Care will be taken to avoid Unnecessary disturbances to
evergreen trees planted t~ the easement, on the Larry Ebert
property, In case. trees.must be removed, they will be replaced
in the spring of 1998 with Similar size and species tree by
means of tree spade.
8) All affected parti,~s agree to work together for a solution to
this drainage prob~.em.
Elk River, MN 55330 - Phone (612) 441-4488
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CALCS. BY.' DATE
JOHN W. TERPSTRA
~RONALD G. BLACK
KlM E. BRANDELL
JOHN C. HOFFMAN
TERPSTRA, BLACK, BRANDELL & HOFFMAN
A"I-rORNEYS AT LAW
913 MAIN STREET
ELK RIVER, MINNESOTA 55330
(612) 441-7040
FAX (612) 441-0901
December 15, 1997
JEFFERY J. JENSEN
ELIZABETH K. MOORE
JAMES W. HESS
Dennis C h_..ub~a
10451.~1~5th Avenue NW
El, lr,~River, Minnesota 55330
RE: Drainage in Heritage Land I and II
via fax (441-5835) and U.S. Mail
Dear Mr. Chuba:
I have reviewed the contents of the Memo dated December 3, 1997 from Heritage Land
Development Company with Mr. and Mrs. Anderson. My clients find the proposal deficient in
several respects. The following will detail the concerns.
1. There is no evidence that the drainage in Heritage Landing I has been altered,
destroyed or even existed in the first place. Therefore, any reference to restoration of drainage
must be deleted.
2. Exhibit B does not disclose what excavation work, if any, will be performed at the
pont D depicted on Exhibit A. This point must be clarified.
3. The centerline of the new excavation must coincide with the Northerly boundary
for Lots 2, 3 and 4, Heritage Landing II, and Lots 4, 5 and 6 of Heritage Landing I. In as much
as both plats will presumably benefit from the proposed ditch, both developments should be
burdened by maintaining a ditch. Since the Ebert plantings will be restored, centering the ditch
should not present any difficulties.
4. The Anderson lot must be filled and regraded to eliminate the artificial banks
created when the unauthorized ditch was constructed. See attached sketch. At this time, Mrs.
Anderson cannot walk in the back yard because of the steep grade.
5. In the event the work is not completed, funds sufficient to complete the grading,
sodding and tree planting be escrowed with Sherburne County Abstract and Title or the City
of Elk River.
6. The owners of Lots 4, 5 and 6 of Heritage Landing and Lot 2 and 3 of Heritage
Landing II consent to the work and agree, in writing, to indemnify each other from any further
claims.
To:
From:
Ell ' iver Date:
Police Department Subject:
Memorandum
Mayor and City Council
Thomas D. Zerwas, Chief of Polic~
December 16, 1997
INCREASE KELLY KEINER FROM PART
TIME TO FULL TIME
In the 1998 budget, we requested that Kelly Keiner be increased fi.om a thirty (30)hour per week
employee to forty (40) hours per week. She currently has the title of Officer Service Worker.
I would like to have her title changed to Secretary/Receptionist which is more fitting, considering
her duties and responsibilities. This will require her to be moved to Pay Grade 5 on the pay plan.
Kelly's current pay grade is at Level 4, Step C, which is $8.62 per hour. Her pay on January 1,
1998, at Pay Grade 5, Step C, would be $9.34 per hour. On July 1, 1998, it would increase to
$9.76 per hour. The Comparable Worth Committee met and discussed this issue on December
22, 1997, and concur with this recommendation.
If you have any questions in regards to this request, give me a call.
13065 Orono Parkway · P.O. Box 723 · Elk River, MN 55330 · (612) 441-2324 · Fax (612) 441-8937