6.16. SR 10-20-1997 - Laserfiche WebLink

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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