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2135 Wuthering Heights RdCITY j: -AGAN Permit No: Date: 1 % 3830 Pilot Knob Road Meter No: Size: SS's c/f P.O. Box 21199 Reader No: Q 8N `T-a, / Date: Eagan, MN 55121 Owner. Leon 11aze.1 Site Address 135 Wiitheriizg, €ieights 'load 10 110 7A PhimK- n3vmon E. HAPt P_Uiw3 nSew" Conn. Ch ?2 5 - 00nd v V uyf -& Acct Dep: 17, f')n we dig 1?? N`?:'pf L;N Permit Fee: :I Surcharge e+ Tr. Plant 1 ?S f i _ ?? aQ? It tA 1' with the City of Eagan nances. Meter. - By /? ?' 1 r Misc.: p?,iv+'(?LdL f'?Lt*_ WATER SERVICE PE(RMIT co CITY OF EAGAN Permit No:_ 3830 Pilot Knob Road Meter No: _ P.O. Box 21.'99 Reader No: Eagan, MN 55121 Lcon aze.? Site Date: 4 V -`'' Size: Date: n V) Conn. Chg: `2' DDp`1 Zoning: 15 Oa?d Acct Der- No. of Units: Permit Fee: _ 1-' ? t)Oncf 50nd I agree to comply with the City of Eagan Surcharge: __. • Tr. Plant SOT Ordinances. Meter. T :ft Misc.: By WATER SERVICE PERMIT 0011011NIPM -- I . SEWER SERVICE F1:K1 Road -- g, 9,r PERMIT NO.: 1 - N - DATE: 1 :1 No. of Units: Owner: Site Address: pgymond E. Haeg Plumber. I agree to comply with the City of Eagan Ordinances. BY - Date of Insp.: Insp.: 5?5_nn.,d Connection Charge: Account Deposit: 15 kon't a Permit Fee: Snr? Surcharge: Misc. Charges: Total: Date Paid: CASH R EC E I PT CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 i DATE 19 j RECEIVED FROM AMOUNT $; & -DOLLARS Leo ? CASH Q'CHECK l ,1 t 1 FUND COOK AMO NT • U ? 1 i J Thank You BY ?J y ?y l t ! '? J White-Payers Copy t4 Yellow-Posting Copy f+L, Piryk-File Copy PERMIT # r' KING PERMIT RECEIPT # 1 7 3 3 CITY OF EAGAN 3830 PILOT KNOB ROAD, EAGAN, MN 55122 DATE: PHONE: 454-8100 Site Addr ss - - j Lot Block Name Addre c City 1 Phone Name C Address p City COMM/IND FEE - 1% OF CONTRACT FEE APT. BLDGS - COMM RATE APPLIES TOWNHOUSE & CONDO - RES. RATE APPLIES MINIMUM - RESIDENTIAL FEE -$12.00 MINIMUM - COMM/IND FEE -$20.00 STATE SURCHARGE PER PERMIT - _50 (ADD $.50 S/C IF PERMIT PRICE GOES FOR: CITY OF EAGAN G -?=% BLDG. TYPE WORK DESCRIPTION Res. ? New Mult. Add-on Comm. Other Repair RES. PLBG. ONLY - COMPLETE THE FOLLOWING: NO. FIXTURES TOTAL Water Closet - $3.00 $ Bath Tubs - $3.00 Lavatory - $3.00 Shower - $3.00 Kitchen Sink - $3.00 Urinal/Bidet - $3.00 Laundry Tray - $3.00 Floor Drains - $1.50 Water Heater - $1.50 tads riNn iy VUuVt* - .p I.UV (MINIMUM - 1 PER PERMIT) Softener - $5.00 Well - $10.00 Private Disp. - $10.00 Rough Openings - $1.50 FEE: STATE SIC: %Q GRAND TOTAL: 7 O CITY OF EAGAN Addition Section 18 Lot Blk Parcel 10 01800 010 78 Owner Street 213S Withering Hgts Road State Fagan, n, MN SS122 ,G? TT /,. .3a Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK O 1968 140.00 4.66 30 91 40 C009497 9-13-77 * SEWER LATERAL 1982 3792.41 83 15 WATERMAIN * WATER LATERAL 1982 1 WATER AREA 1977 $380.00 25.33 15 154-67 C003487 9-13-77 * Services 1982 1 STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK CITY OF EAGAN ^ ??'+ - 3830 Pilot Knob Road, P.O. Box 21-199, Eagan, MN 55121 PHONE: 454-8100 BUILDING PERMIT Receipt To be used for Est. Value Date ,19 Site Address OFFI CE USE ONLY Lot i Block Sec/Sub. On Site Sewage _ Occupancy MWCC System - Zoning Parcel No. On Site Well Type of Const City Water (Actual) ic .1 Name N (Allowable) W z Address * of Stories Length 7 3 01 -' City Phone ") Depth S.F. Total a 0 Name Footprint SF. o? Address APPROVALS FEES F City Phone Assessments Permit Water/Sewer _ Surcharge W W Name Police Plan Review FW b Address Fire - SAC, City v Engl. SAC, MWCC gW City Phone Planner _ Water Conn. Council Water Meter 1 hereby acknowledge that I have read this application and state Bldg. Off. Road Unit that the information is correct and agree to comply with all applicable APC Treatment Pt State of Minnesota Statutes and City of Eagan Ordinances. Variance Parks Copies Signature of Permittee TOTAL A Building Permit is issued to: on the express condition that all work shall be done in accordance with all applicable State of M innesota Statutes and City of Eagan Ordinances. Permit No. Permit Holder Date Telephone 4t Plumbing H.V.A.C. Electric Softener Inspection Date Insp. Comments Footings l Footings II Foundation Framing for Roofing y7 L : jj' , Rough Plbg. Rough Htg. Isul. Fireplace Final Htg. Final Plbg. Bldg. Final Cart Occ. Temp. LP Deck Ftg. Deck Frmg. Well Pr. Disp. l 1 1 i 41 R 4 J I I t 1?? ? ?w ?? ??? ? ?? ? ?? ?N: ?, ? ? "Ov ?? rl- ;-tom j ''?.,,i" • ?1? t `T?• ? .1 Al e U T ? .l r 3`lt?Q•a{' z {.? `3 ?1 p ??? ??W ?s ? ? s ?s` 4 ?faF ? ? ? Y y ? ?- C 3 ®- wmft A"n c?` h. OIL .,AO r y_=?js v V ^1 0 c 3 0 e ?? ?/ ?? { ?,I•' I. 741, 't1+ a r$` 7r• E fu r. If`?/' A EAGAN TOWNSHIP DESCRIPTION TION N N9 299 Eagan Township Town Hall Date c...`../.T._ .? --- 6G 1 „x/ ,%, _._-ZQ This permit does not authorise the use of streets, roads, alleys or sidewalks nor does it give the. wrier or his agent the right to create any situation which is a nuisance or which presents a hazard to the health, safe y, convenience and general welfare to anyone in the community. THIS PERMIT MUST BE KEPT ON THE PREMISE WHILE THE WORK IS IN PROGRESS. This is to certify, that............ ....................................has permission to erect a..................... ......................................upon the above described premise subject to the provisions of the Building Ore once for Eagan Township adopted April 11, 1955. --------------- ------------- ----------------- ................ ........ .-. Per ...... ......- -.----....-- --------------------------------------- Chairman of Tawn Board Bui ' i Inspector OLO--7? r- EAGAN TOWNSHIP BUILDING PERMIT N° 2154 Owner ........ - ...------------ -,-'"--"...? Eagan Township _. ...<<..r.:-?O...Y:...-?-*.-G?...L Town Hall Address (present) ? Builder Address Dale .... DESCRIPTION Stories To Be Used For Front Depth Height Est. Cost Permit Fee Remarks LOCATION Street, Road or other Description of Location Lot Block Addition or Tract -zA 35 This permit does not authorize the use of streets, roads, alleys or sidewalks nor does it give the owner or his agent the right to create any situation which is a nuisance or which presents a hazard to the health, safety, convenience and general welfare to anyone in the community. THIS PERMIT MUST BE ISEP?T)ON THE PREMISE WHILE THE WORK 15 IN PROGRESS. This is to certify, that ..-_..j..:.... rr...............................haspermission to erect a_cZ a?._......... :'_7 :_._ - upon the above described premise subject to the provisions of the Building Ordinance for Eagan Townsh? adopl6d April 11, 1955 ............."'.---,Ir-<r'-A....... ..... Per ---..-.....`.? - Et /?3.-.`. a....... Ch irmah of Tnwn? Board Building Inspector CITY OF'EAGAN No 13978 3830 Pilot Knob Road, P.O. Bcx 21-199, Eagan, MN 55121 PH ONE: 454-8100 BUILDING PERMIT Receipt# I h-qlv5 To be used for REROOF GARAGE Est. Value $3,700 Date JULY 28 -'l g 87 Site Address 2135 WUTHERING HEIGHT RD Lot 1 Block 78 Sec/Sub. SECT 18 Parcel No. _ a Name T.R. THOENj#S = Address SAME 0 City Phone 853-8701 Name GAL'S CONST u< Address 7228 LYNDALE AVE SO City MPLS Phone 861-3867 Name- Address City I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and Ci of Eagan Ordinances. Signature of Permittee A Building Permit is issued to: CAL' S CONST all work shall be done in accordance with all aoDlicable-State of M OFFICE USE ONLY On Site Sewage Occupancy MWCC System Zoning On Site Well Type of Const City Water (Actual) (Allowable) # of Stories Length Depth S.F. Total Footprint S.F. APPROVALS FEES Assessments Permit 51.50 Water/Sewer Surcharge ?wnn Police Plan Review Fire SAC, City Engr. SAC, MWCC Planner Water Conn. Council Water Meter Bldg. Off. Road Unit APC Treatment PI Variance Parks Copies TOTAL on the express condition that Statutes and City of Eagan Ordinances. Building A MEMO city of eagan TO: THE PUBLIC WORKS COMMITTEE, TED WACHTER, CHAIR C/O OF THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: OCTOBER 9,1997 SUBJECT: PARCEL 10-01800-010-78, DRAINAGE COMPLAINT 2135 WUTHERING HEIGHTS ROAD (CHARLOTTE SOMMERS) ISSUE In October of 1995, Charlotte Sommers began contacting the City of Eagan regarding severe erosion of her gravel driveway resulting from drainage runoff from Wuthering Heights Road. She is requesting that the City improve the public street to City standards and, at a minimum, install storm drainage facilities. BACKGROUND The house that sits at 2135 Wuthering Heights Road was initially built in February of 1959 by Leon and Pearl Hazel. In August of 1982, the Hazels expressed a concern with the storm water runoff along the west side of Wuthering Heights road eroding their gravel driveway. The City's response 0202) indicated that the erosion problem was on a private driveway and beyond the City's scope of assistance. They were then informed of the public improvement process to have streets and storm sewer installed within the Wuthering Heights Road public right-of-way. However, nothing ever progressed. In April of 1993, the Stevens Addition provided for a two-lot subdivision on the east side of Wuthering Heights Road. In December of 1993, the Wuthering Heights Addition provided for a three-lot subdivision on the west side of Wuthering Heights Road. With both subdivisions, approved, the Council waived the requirement to have Wuthering Heights Road upgraded to City standards with related storm drainage facilities. In October of 1994, Charlotte and Dan Sommers purchased the property at 2135 Wuthering Heights. In October 1995, the Sommers contacted the City of Eagan expressing concerns regarding the ongoing drainage and erosion problems on their driveway. They were again informed of the private nature of their problem and encouraged to work with their neighbors to redirect the flow and/or pave their driveway to eliminate the erosion. In the spring of 1996, Ms. Sommers sent a letter (March 14, 1996) to the Mayor again requesting the City to initiate the appropriate public improvements. The staff memo (April 1, 1996) summarized the issues to date. With Ms. Sommers attendance at the September 16 Council meeting, the problem apparently continues along with her demands that the City do something. The Sommers take access to the Wuthering Heights Road via a private easement across the southern portion of the property to the east (# 2125). A review of the topographic maps and a field investigation indicate that the property owner to the east (# 2125), at sometime, constructed a berm along the north side of the Sommers' driveway preventing runoff from following a natural drainage swale across their private property. This action appears to contain the natural runoff within the Sommers' gravel driveway creating continual erosion problems. OPTIONS The following options are available for consideration: 1) Initiate a public improvement for the installation of streets and storm drainage facilities as an assessable public improvement. (Many neighbors object to this option.) 2) Regrade the existing gravel road to redirect the drainage to another location and acquire the appropriate drainage easements and perform the appropriate erosion control. (This inevitably will meet with objection from the affected property owner(s).) 3) Pave the private driveway access to the Sommers property. (This involves the expenditure of public funds on private property.) 4) Reaffirm the private nature of the erosion problem and inform the Sommers of the City's position and recommended preventative erosion control measures. SUMMARY I will be happy to elaborate on any aspect of this issue as may be appropriate. Respectfully submitted, Director of Public Works Enclosures Parcel history documents TAC/ds G.PLBLICWOK CO. bfl E/P.110-01800-010-]8 7 - 'F- e740?' - ?k 1987 BUILDING PERMIT APPLICATION - CITY OF EAGAN SINGLE FAMILY DWELLINGS INCLUDE 2 SETS OF PLANS, 3 CERTIFICATES OF SURVEY, 1 SET OF ENERGY CALCULATIONS NOTE: ADDRESSES FOR CORNER LOTS - CONTRACTOR/HOMEOWNER MUST DESIGNATE WHICH ADDRESS IS DESIRED. NO CHANGES WILL BE ALLOWED ONCE BUILDING PERMIT IS ISSUED. MULTIPLE DWELLINGS - RESIDENTIAL RENTAL UNITS FOR SALE UNITS INCLUDE 2 SETS OF PLANS, CERTIFICATE OF SURVEY - CHECK WITH BLDG. DEPT., 1 SET OF ENERGY CALCULATIONS COMMERCIAL INCLUDE 2 SETS OF ARCHITECTURAL & STRUCTURAL PLANS, 1 SET OF SPECIFICATIONS AND 1 SET OF ENERGY CALCULATIONS, $2,000 LANDSCAPE BOND ?c. 2ooF ?7c2?. To Be Used For: r? Valuation: Date: Site Address X 3S W a{SgjNG, RCaas. PD. Lot Block -? 8 Parcel/Sub /.1-Pit'f • / F Owner T f: _ I iAorzNWES Addressa2 3S 4 u?tr?t«? Flsc(S !'..'?,. City/Zip Code L3 i('10 v aS(a1 Phone(.l 4Sa-$10S' Cw)gSs^%70f On Site Sewage Occupancy _ MWCC System Zoning On Site Well Type of Const City Water (Actual) (Allowable) # of Stories Length Depth S.F. Total Footprint S.F. APPROVALS FEES Contractor Cf 4 s Caµs u e c"roro Address ? 2?g u (µDtf<L? POE. S_ City/Zip Code M\WNEhRC? 5 M w S SyaR Phone 67 Arch./Engr. Address City/Zip Code Assessments Water/Sewer Police Fire Engr Planner_ Council Bldg Off _ APC Variance co J1 Z. S3 •SaI Permit Surcharge Plan Review SAC, City SAC, MWCC Water Conn Water Meter Road Unit Treatment P1 Parks Copies TOTAL Phone # CITY OF EAGAN APPLICATION FOR PERMIT I? SEWER AND/OR WATER CONNECTION P Fx xx xxxxxx xxx xx xxarxirxxxxxxxzltp D1CYPw ': PAYMENT OF FEE AT TIME OF F APPLICATION DOES NOT CONSTnum i APPROVAL OF PERMIT. h F INSPECTION OF SEWER AND/OR WATER f INSTALLATIONS WILL NOT BE SCHED- - - - - - - - - - - - - ----- - - - - - - - - - - - - P ease Print 1) PROPERTY ADDRESS: LEGAL DESCRIPTION: IF EXISTING STRUCIURE, DATE OF ORIGINAL BUILDING PERMIT ISSUANCE: i (Mon Year PRESENT ZONING/PROPOSED USE: C01,1MERCIAL/RETAIL/OFFICE R-1 SINGLE FAMILY r7 INDUSTRIAL R-2 DUPLEX (Two Units) INSTITUTIONAL/GOVII2IzIENT R-3 TOWNHOUSE (Three + Units) ( Units) R-4 APARTMENT/CONDOMINIUM ( Units) 2) 74_ NAME: J ADDRESS: elf , CITY, STATE, ZIP: PHONE: 3) .' u r ?• ?) For City Use . Plumbers License: ADDRESS: -7 , ? S r Active i `/ CITY, STATE, ZIP: :z C/ /YJ/v S 2,3 NNotecorded PHONE: MASTER LICENSE# C>?/ - gta tial 4) ?•« is NAME: ADDRESS: CITY, STATE, ZIP: PHONE: 7 -/??•?? d ?ni?'. i? c+- ,- zi7 CONNECTION TO CIT ' Y SEWER CONNECTION TO CITY WATER OTHER 6) h «• • r PLEASE HOLD APPROVED PERMIT FOR PICK-UP BY ONE OF ABOVE PLEASE MAIL APPROVED PERMIT TO 1, 2, 3 4, ABOVE (Circone) C9 ;?7 t ULED UNTIL PERMIT HAS h APPROVED. TOR CITY USE ONLY - PERMIT # ISSUED Pd w/Bldg. Permit FEES: P T $ $ SEWER PERMIT (INCLUDE SURCHARGE) $ lei 5T $ WATER PERMIT (INCLUDE SURCHARGE) $ (? ]•[' D $ WATER METER/COPPERHORN/OUTSIDE READER $ $ WATER TAP (INCLUDE CORPORATION STOP) $ $ SEWER TAP $ $ ACCOUNT DEPOSIT - SEWER $ c' $ ACCOUNT DEPOSIT - WATER $ z G-D $ WAC $ 2 S a -D $ SAC $ $ TRUNK WATER ASSESSMENT $ $ TRUNK SEWER ASSESSMENT $ $ LATERAL BENEFIT/TRUNK SEWER $ $ LATERAL BENEFIT/TRUNK WATER /) $ 1 WATER TREATMENT PLANT SURCHARGE $ (?` OTHER: $?GsD- $ TOTAL RECEIPT RECEIPT DOES UTILITY CONNECTION REQUIRE EXCAVATION IN PUBLIC RIGHT OF WAY? Q YES IF YES, THEN A "PERMIT FOR WORK WITHIN PUBLIC Q ROADWAY" MUST BE ISSUED BY THE ENGINEERING NO DIVISION. LIST AS A CONDITION. SUBJECT TO THE FOLLOWING cbNDITIONS: APPROVED BY: z TITLE: DATE : TRANSACTION Inn 8763 SPECIAL. ASSESSMENTS SPECIAL ASSESSMENTS SEARCH SUMMARY PROPERTY I.D. TODAYS DATE: 04/14/37 ----SPECIAL FLAGS----- 1-2-3-4-5-6-7-8-9-10 10--01800-010-78 T S.A.## ASSESSMENT DESCR. YR YRS RA'T'E 'T'OTAL ANN.PRIN. PAYOFF COMMENT 100637 S.W-2S5 81 15 11.00% 3792.41 ?t#3r#k SUMMARY OF ACTIVE 3792.41 ara? a THIS YEAR'S TOT P&I 550.94 252.83 '52.83 ..275.47 2275.47 Press Fl or F2 (Header Form) or F7 (Restart 8763? ``L ? 0 \ A / /S1 Lj/ P 41?dtV of eagan THOMAS EGAN Mcyor PATRICIA AWADA October 22 1997 BEA BLOMQUIST , SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES MS CHARLOTTE SOMMERS City Administrator 2135 WUTHERING HEIGHTS RD E. J. VAN OVERBEKE EAGAN MN 55122 city Clerk Re: Parcel 10-01800-010-78, Drainage Concerns Dear Ms. Sommers: The concerns that you have expressed regarding the drainage and erosion you are experiencing on your private driveway resulting from the Wuthering Heights road runoff was reviewed by the Public Works Committee on October 13 and the full City Council on October 21. After hearing testimony from you and a neighbor combined with reviewing historical information regarding this issue, the City Council unanimously adopted the recommendation of the Public Works Committee that this is a private drainage issue that is most appropriately handled by you. The Council determined that there is no public benefit or obligation associated with correcting this problem. In addition, they reaffirmed their support for the neighborhood to leave Wuthering Heights Road in its present rural gravel road condition. In order to minimize the problems that you have been experiencing, we strongly recommend that you pave your driveway to eliminate the erosion that you are currently experiencing. It is also strongly recommended that you have an engineer or a person knowledgeable in construction and drainage to help you design your driveway to direct the runoff away from your house. I regret that the City was not able to respond to the degree that you had requested. There is nothing further the City will be able to do based on the most recent actions of the Public Works Committee and City Council. Sincerely, ?c?c..d.-, Thomas A. Colbert, P.E. Director of Public Works TAC/jj MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122-1897 EAGAN. MINNESOTA 55122 PHONE' (612) 681-4600 PHONE. (612) 681-4300 FAX' (612) 681-4612 Equal Opportunity/Affirmative Action Employer FAX (912) 681-4360 TDD- (612) 454 8535 TDD (612) 454-8535 EAGAN CITY COUNCIL MEETING MINUTES, OCTOBER 21, 1997 PAGE6 sewer which is not what they want to do at this time. She said they do not benefit at this time. She further said they would receive more benefit from connecting to utilities installed along Dodd Road. Councilmember Awada noted that she had requested drawings of possible subdivision options to determine where a logical lot split could occur and where the property owners would obtain their utilities from. She noted that the Kohlhoffs could potentially have three buildable lots. Heidi Kohlhoff asked if they could defer the assessment until the property is subdivided. Mayor Egan stated that the discussion at the last City Council meeting was focused on creating a fair deferment for their property. There being no one else wishing to speak, he turned the discussion back to the Council. Discussion occurred on where the lot split should occur. Councilmember Blomquist noted that the Council is trying to determine where lots will be located on the Kohlhoff property which may never occur. She said that since the Kohlhoffs take access off Dodd Road the assessment should be deferred until such time that development of the property or connection occurs. She further said they should be assessed according to the prevailing rates at the time of the assessment, subject to the establishment of benefit. Councilmember Blomquist moved, Councilmember Masin seconded a motion to defer the assessment to Parcel 032-03 until development of the property or connection to utilities occurs on the lot, subject to an agreement with the property owner. Aye: 5 Nay: 0 Public Works Director Colbert suggested an agreement be prepared outlining the conditions of the deferment. Mayor Egan concurred. City Attorney Sheldon stated that the Council has the ability to assess and defer undeveloped property absent an agreement but since this property is already developed it is necessary to defer the assessment by an agreement. Councilmember Wachter added that if their well or septic fails they will have to connect to City utilities. Councilmember Awada moved, Councilmemher Masin seconded a motion to close the public hearing and approve Project 700 (Hall Street & Hwy. 3 Service Road - Utilities) as modified and authorize its certification to Dakota County. Aye: 5 Nay: 0 OLD BUSINESS , WUTHERING HEIGHTS ROAD DRAINAGE ISSUE /0 _ DIY66 - Oid -%p City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Charlotte Sommers, 2135 Wuthering Heights Road, stated that she does not understand why the Public Works Committee is recommending Option #4. She said that her concerns have been reduced to a private drainage and erosion problem. She further said that other neighbors are affected by this problem too. She stated that the City should be responsible for correcting the situation. Councilmember Wachter said that this situation is a private matter because it involves her private driveway. He suggested that if her neighbors want the road improved they should sign a petition requesting the improvements. He stated that the Council does not resolve disputes between neighbors. Councilmember Awada concurred. Mayor Egan added that Ms. Sommers may need to seek legal action to resolve this dispute. Councilmember Masin questioned why Ms. Sommers is experiencing this erosion problem. Public Works Director Colbert provided clarification. MEMO city of eagan TO: THE PUBLIC WORKS COMMITTEE, TED WACHTER, CHAIR C/O OF THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: OCTOBER 9, 1997 SUBJECT: PARCEL 10-01800-010-78, DRAINAGE COMPLAINT 2135 WUTHERING HEIGHTS ROAD (CHARLOTTE SOMMERS) In October of 1995, Charlotte Sommers began contacting the City of Eagan regarding severe erosion of her gravel driveway resulting from drainage runoff from Wuthering Heights Road. She is requesting that the City improve the public street to City standards and, at a minimum, install storm drainage facilities. BACKGROUND The house that sits at 2135 Wuthering Heights Road was initially built in February of 1959 by Leon and Pearl Hazel. In August of 1982, the Hazels expressed a concern with the storm water runoff along the west side of Wuthering Heights road eroding their gravel driveway. The City's response (82082) indicated that the erosion problem was on a private driveway and beyond the City's scope of assistance. They were then informed of the public improvement process to have streets and storm sewer installed within the Wuthering Heights Road public right-of-way. However, nothing ever progressed. In April of 1993, the Stevens Addition provided for a two-lot subdivision on the east side of Wuthering Heights Road. In December of 1993, the Wuthering Heights Addition provided for a three-lot subdivision on the west side of Wuthering Heights Road. With both subdivisions, approved, the Council waived the requirement to have Wuthering Heights Road upgraded to City standards with related storm drainage facilities. In October of 1994, Charlotte and Dan Sommers purchased the property at 2135 Wuthering Heights. In October 1995, the Sommers contacted the City of Eagan expressing concerns regarding the ongoing drainage and erosion problems on their driveway. They were again informed of the private nature of their problem and encouraged to work with their neighbors to redirect the flow and/or pave their driveway to eliminate the erosion. In the spring of 1996, Ms. Sommers sent a letter (March 14, 1996) to the Mayor again requesting the City to initiate the appropriate public improvements. The staff memo (April 1, 1996) 3 summarized the issues to date. With Ms. Sommers attendance at the September 16 Council meeting, the problem apparently continues along with her demands that the City do something. The Sommers take access to the Wuthering Heights Road via a private easement across the southern portion of the property to the east (# 2125). A review of the topographic maps and a field investigation indicate that the property owner to the east (# 2125), at sometime, constructed a berm along the north side of the Sommers' driveway preventing runoff from following a natural drainage swale across their private property. This action appears to contain the natural runoff within the Sommers' gravel driveway creating continual erosion problems. OPTIONS The following options are available for consideration: 1) Initiate a public improvement for the installation of streets and storm drainage facilities as an assessable public improvement. (Many neighbors object to this option.) 2) Regrade the existing gravel road to redirect the drainage to another location and acquire the appropriate drainage easements and perform the appropriate erosion control. (This inevitably will meet with objection from the affected property owner(s).) 3) Pave the private driveway access to the Sommers property. (This involves the expenditure of public funds on private property.) 4) Reaffirm the private nature of the erosion problem and inform the Sommers of the City's position and recommended preventative erosion control measures. SUMMARY I will be happy to elaborate on any aspect of this issue as may be appropriate. Respectfully submitted, Director of Public Works Enclosures Parcel history documents TACJds 14^:L ,I-w Oeha" 1.4 tGA- r'w- 3 a-" r6IZ4121 O.PUBLICWOPKSCOM1 ITTEFP.c[10-0180P010-78 MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: APRIL 1, 1996 SUBJECT: PARCEL 10-01800-010-78 2136 WUTHERING HEIGHTS ROAD (CHARLOTTE SOMMERS) DRAINAGE COMPLAINT On March 26, you forwarded to my attention a letter to the Mayor dated March 14 regarding a drainage and erosion complaint from Charlotte Sommers. The letter included photos explaining the problem along with miscellaneous notes from past discussions with various City personnel. I have both researched the files, visited the site and spoke with both the Engineering and Street Maintenance Divisions. We are aware of her concerns and have spoken to her on several occasions regarding these matters. Attached to this memo are copies of documentation forms regarding conversations and meetings with Ms. Sommers, copies of correspondence from 14 years ago addressing the same problem, and a physical feature topo map showing the relationship of the Sommers' driveway to the recently dedicated half right-of-way for Hazel Road as a part of the Wuthering Heights Addition. The house recently purchased by Charlotte Sommers has had a history of similar erosion and drainage problems as evidenced by the City's letter of August 20, 1982. The Sommers apparently have a private cross easement for their driveway from the property owner to the east. The City is not aware of any details pertaining to the rights and/or restrictions of this private cross easement. However, staff has informed both the previous and current property owner that the ultimate solution would be the dedication of additional public right-of-way and the installation of public streets and storm sewer. However, recognizing the economics of this ultimate solution, it has been recommended that the affected lot pave their driveway to eliminate the erosion. Also, the paving could be built in such a fashion to redirect the drainage away from the french drain system in front of their garage. With the current elaborate french drain system in front of their garage entrance, it is presumed that the original builder anticipated runoff in this area. This clearly is a private drainage and erosion problem that usually is solved by the affected property owner, sometimes in concert with adjacent properties. Page 2 Due to my vacation, if you would like further background information regarding this complaint, please feel free to contact Arnie Erhart who is familiar with this situation and can provide some additional information if necessary. submitted, Director TACfjj Works Attachments: Original Letter to Mayor Citizen Request Form (10-11-95) Drainage Problem Letter (8-20-82) Physical Feature Topo Map Wuthering Heights Plat cc: Arnie Erhart, Superintendent of Street/Equipment (W/O Attach.) Mike Foertsch, Assistant City Engineer (W/O Attach.) .•ia'vor rgan City of Eagan February 1996 u ' /p 9 // ?j o. 1 Dear Mayor Egan: W ? Re: Damage to property, safety, health, and nroperty value o due to impact of Withering Fits Rd---the fact that it is a gravel road with no curb, gutter, and storm drain. o We purchased the property at 2135 Wuthesing Hts Road in October of 1994. , ' ah' s o m There was no mint of a problem impacted by the status of Wuthering Hts Rd at ? ao ' u that time. However, we had much heavy rain during the summer of 1995 and we Z .y 8 r found that we had a horrendous problem. Durinc the heavy rain, }m one could o ~ actually see the "rivers of water" caning off Wuthering Hts Road and cane a ? right down our aravel driveway. The front of our garage is the low-end of y m N o' the neighborhood. In front of our drive-way is a drain (a "french drain", I guess~ 1 r d e o which collects the run-off of the spring thaw (or so we asswned when we purchase on the property). We had no idea that it also collected gravel during heavy rains..71 d o a We ended up picking up the heavy drain covers three times mid-summer to late fall in 1995. The drain (which is about a foot deep, a foot wide and runs along a 0 o double garage was completely full of gravel from the run-offl This had to be m m shoveled out and we moved it back up on the drive-way, only to run off again, ti of course. Since we purchased the property, we have not added any gravel to the drive-way, and fear to do so, because we know it will wash down in a heavy rainston<<) Needless to say, that is heavy manual labor. of course, we also had very deep ruts (perhaps six inches deep and running for maybe 5-6 feet in several places). (This concerns me when I see young children cutting through on bicycles; it is even a hazard for driving a car, or someone walking after dark.) I have attempted to lay out a clear picture of the problem here. I spent much time on the phone last fall talking to people in the Eagan Engineering Department. I learned that there is a "history" to this neighborhood and that most n hbors do vac not want the road upgraded with curb, gutter, and storm drain This is very distressing because I certainly do not want problems with the neighbors on this issue. The whole neighborhood is affected by continuous "dust storms" in the summer but, other than that, none of the neighbors has the problem we do. They are all on higher ground. It makes me wonder, however, at what point the City has 'sane obligation in this matter. The hone on our property was built in 1959 and must be one of the oldest hones in Eagan (as opposed to the mushrooming over all of Eagan). Even this neighborhood has apartment complexes about two blocks away and four or five new hones very ?close which adds to the traffic on hluthering Hts Rd and impacts the neighborhood. (WhenC t?eS sstu the time lditnoq permaides woe accesV)to the neighborhood?? -- ?uthering Hts Road) u? 5 i . _ _ / _ _ _ ,? ?. -w•-ai» u,.r??c-?.c, ? ? wTw+? ?-fCU zi-cr?i%c_ ?c-w?-:-?.-c{' icM?? -+ L-L'?.s-,-?-? ¦ ] EGALS r The purpose of the public nuisance ortli- corn; hence amendments is to classify gravel and/or dirt driveways as a nuisance and prohibit th i Cur'e' curl e r use. These provisions will require all gravel = Oper driveways to be paved five years from the 4, adoption of the ordinance. A draft of the pro- The posed changes are listed below, essen ABANDON MOTOR VEHICLE - JUNK/ vehict= I rn aft.?k 9 UNSAFE VEHICLE drive; The purpose of the revisions to the aban. L cloned motor vehicle code section is to define A_- the process for the abatement of junk or humar unsafe vehicles. These impoundmen. abate' orcun? ment provisions will increase the efficiency in stidec which junk. unsafe. or inoperable vehicles can =L-- be removed from private property, A draft of tatidn the Proposed changes are listed below 1:1.93`_ . ABATEMENT OF EXTERIOR PUBLIC NUI• S04X'GY SANCES- RELEASE OF PROPERTY 114.' The Abatement of Essinorpublie, th revision to the NuIs uieanc take The in, ea cede section is to explain in detail the release of . iun4 Or abased Property back to the owner. Affected &YE property owners will be required to sign a such or, release form when they claim the property. The release tone will prohibit th to that ' attach e return of Property to its original location if it continues to - 212-Y IL be in violation of City ordinances. A draft of 211L=7 the Proposed changes are listed below Buao - . 110. PUBLIC NUISANCE S ins: JUNK OR UNSAFE consbtute a hazard ? lothe of vehicles health and welfare of the residents of the community in that such vehicles can harbor noxious diseases, furnish Sheller and breeding places for vermin, and present physical dangers to the safety and well being of children and other citizens. Motor Yehicle< contain flu ti" h T----=xx+n the envmnme -I ,i. health risks t the n Th ye?ides that ar mnrnd And_abandnnad iu,v October 23, 1995 .e 11 iQgGI ,v On October 10, someone called me back at my home but5Dan said they better talk to me since I was the one who had initiated the calls. Well, I have detailed notes since October 10 and you p-aka4plilL • so I will attempt to summarize. ? ;• ? iN^_4yv r I understand a couple of people from the City did come outland look at the road and my driveway (& probably the drain). Then I made an appointment and took off work the morning of October 12 for a meeting with another person who came out and looked at it with me-- spent about 45 minutes---acknowledged that I had a real problem but also that it was a complex problem. There was a letter in the city file from the owner before the oennes family and a response letter saying there was nothing the c city could do, since it was a private road. Well, since that time, there has been some change in that status with the building of several new homes. I understand it as some kind of a trade-off when the building permits were issued---that the city gained more right- of-way but that may be only as far as the curve (our driveway). I mentioned that even that would help since the road has a slope from south to north. The response, however, was that it would not be co15+-JP,:4 A efficient to get all the equipment that would be needed for only part of the road. (In another conversation, it was indicated that a road would need a cul-de-sac or an "out" also, which probably is another "can of worms.") Well, right after that meeting on October 12, I called the mayor's office and talked with an assistant (who said she took notes and would pass them on but that I should also write a letter and provided me information on council meeting dates etc). A A Right after that phone, I made another call to the Dakota County Assessor's Office and gavefhttla blow-by-blow "rendition" of our problem and how I was inquiring about a reduction in taxes due to this problem (that would not be noticed by an inspection unless it was raining hard or had been and that drain was filled with gravel]. His response was not encouraging. He said I would not believe the calls he gets from people who call after they purchase property, complaining about airplane noise, freeway noise, wtt basements, etc etc etc. I, of course, felt that my problem was o_uite unique in that airplanes and freeways are obvious but that my kind of problem rya`?rNU can be hidden/camouflaged, but he didn't sway. He said he would need weA something like a Judgment to take to his supervisor. Back to today. It was raining hard this morning and I thought about our drive-way and our drain. BECAUSE---just this week-end, three of us labored all Saturday afternoon to pull up the grates on the drain, shovel it out, kaata and haul it up the drive-way. This afternoon (1:00 pm) my son called and guess what? The ruts are back and the gravel is back in the drain. I could cry. (I thought we were getting snow--not rain). I believe previous owners have been working on this for years,. and got nowhere. Has enough changed to change anything? It still sounds as though the "neighborhood" needs to want it. Well, no one has the problems we have; why should they care?? Wouldn't this problem affect resale? which, to me,? slate o property value. I couldn't attempt to sell without disclosing problem (even though owners prior to us did so). f za? - ?- ,-? - --- - -- - ---- -- -- ???:? - ?u?n? _ Win.. - - - ? ? er he of k_is woQrked n ie "drain,' shoveling gravel & pl ing it ba k on the rivewa - -anct swept :be conc ete in frontf the garage clean and now on ay moii 1 2t is- rain g 1x we-,caTL.AO 9 ZGa? H9rrors: S z/ Y'v rye BIaUIWos QgQ ? •?O Ni.A i "?... .I i" Y "?7\ 4-+ 7 , Y. a 17 7`- _ dy !iYSi?A? C2 ? 27 ? S?O ?Y1 ? $ P 5 -•-^ ?- O :>? « ?v? ??Y\'e K? ? Ll J D.P?'?, -_°'? ! i i y „c?Lc Mel 16-?r-4? Gil-yGo 0 LA.) d 2 dA C? ?? l R8' u ? e 16-?a?95' 20-1:yS'?vr? LAJ ?, 612 681 4300 03./23/96 09:19 EAGAN MTCE FAC 4 CITY HALL-DNSTRS NO.43e P002/004 CITIZEN'S REQUEST FORM EAGAN ENGINEERING DEPARTMENT DATE: Q v ?' / ( qCj? NAME: G'4ApLaif? Ss nn.?try y ADDRESS: al .3r (//UI{<r n i,??5 /.Octa? PHONE: A16- GSft z- walLk ¢5-4--'7L62 NATURE OF REQUEST: _!57A f ,-4S ?o LR o w uooa Co Do .r e 7?) se r?? a DeA1>ra:? P o d Ae, Gya x i Fvo - 4A< t sf?{t AK -1 D?I?e?ay wasNEs ryc04- o-; NIA Go...j` o,fj 'r-/)s --- I,Qc PRA 14 N.e,!- 4- -to Gory 3 e . TAKEN BY: 6d ) L -sc.A* - 8_21A.+4 J?L141R REFERRED TO: A AN (E f5tz #A 4 r ACTION TAKEN: BY: DATE: 4D-/7 - 9 r P. s, yy??see Rrra??Nko Pf+G? fn (g?Z. , Lat-lft. J9nCL n; r; A -~' 1f/ 13 Dx1oim.46E !>,PoB4£,,r1 tv al$"d,d Oto 7r BEA BLOMOUIST MAYOR THOMASEGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER COUNCIL MEMBERS August 20, 1982 MR HAZEL 2135 WUTHERING HEIGHTS RD ; EAGAN MN 55122 A CITY OF EAGAN n,.229S PILOT KNOB ROAD P.O. BOX 21199 ? IiAGAN; MINNESOTA SS 122 d'. PHONE 454-8100 ?J . ?$1-d Re: Storm Water Drainage Problem Dear Mr. Hazel: THOMAS HEDGES CITY ADMINISTRATOR EUGENE VAN OVERBEKE CITY CLERK I spoke with your wife Wednesday, August 18, 1982 regarding the problem you are hav- ing with storm water running down the west side of Wuthering Heights Road thereby causing erosion on your driveway. Unfortunately, there is nothing we can do at this time since your street is a private road and it is the City's policy not to maintain private roads. If you are interested in establishing Wuthering Heights Road as a public street, you may submit a petition to the City Council requesting that the existing street be im- proved to City standards. Once the petition is accepted and the Council would order the project ahead, the right-of-way would have to be acquired. Hopefully, this could be dedicated by adjacent property owners without any problems. Then the street could be constructed along with storm sewer improvaTents to eliminate your problem with storm water runoff. Of course, the costs associated with this Construction would be assessed to the benefited property in your area. I regret there is nothing we can do to alleviate your present problems, but if I can be of any further assistance to you, please feel free to contact me. Sincerely, Richard M. Hefti,ZP.E. Assistant City Engineer RMH/jack cc - Thomas A. Colbert, Director of Public Works Bill Branch, Superintendent of Streets /s THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. e/ 9/ ll/111. r o-/q `\ \ \```? \?1\ a` c l? \\ I / I I t 1 I / 10 -71 t \ ??\\I \\ ` \`1 \ \ tt \ \ NIN I \ .? \ \ \ i \ `\ ? \\\ 111\ ` \ ? \'., ? ? \ ` ? \ \t \ 1 / ! Ili tl \ \ , I1 ?? V \\ 1 ? \ V °° \`; ?\\\? \\ ? ? .. `. l 1 \ \\ l _ 4 ,O ' / c ' \ , 1 \ V\I \, / / s 1 I \ \\\ \\\`\\1V \\V\\\ \ of \\ Vt \Vt 1. 1r.?11 1 ` ?- I off! 11. ? \ °. \ \ 'r\\? ?\\` ?? ? fir. - yl ? \ ? ? ? ' ? `. ¢ \-- \ t `S •` :•?;,` •? - _ ' - i - - - ` ` \? rte, el, {j. APl f'r 1•???,' ? 6.a3, 111 /^ ? N? / f till/ . 03/28/96 09:19 612 681 4300 EAGAN MTCE FAC 4 CITY HALL-DNSTRS ?? u?+vh ?rz,s n 2,ot w,py - -/. V? ?O A N 11 V r Q 104.30 I JI ? ?I IN C?_ I u I _I 1 /,K rl J L- e T H _ V r \` r?? n i I i VI ` r()v Ir ra b ? 943 0 ? tip \ ? OVI I `?. I U Q ` g i J s FI N I ?- . M o .v Fir NI C? I s I ? W i 10 ?1 Alum. Mo». 51 LV ER BELL w ROAD o sounv Lin6 cov°r 104.30... _ Lorr, sraw-r-rhi ly, JFST I.I T , L?? L- L- v c_ r l /7 i i ROA L9 NO.438 P004/004 õöõ ú ÿÿ þýüøüû ùþþÿÿûøì öîöÿþ ìì ìì ÿõ ÿþýüûéÿù úùýüû÷ö ùûéÿù ïÿù ùù ûùóùàÿùóÿþùõ ùù ù ûù ÿ êñððñìð ò éùö íöüëú õ äñîìîðìì ôù ÿù ùéãäñîêîêñ ß ÿ ë ðêî óò õñ÷ ûû Ùôòü Ùóóù úíö üëëñúÿùíò ÿù õ÷ññëë õ÷ññ èêñå ùþü ö ù ûû øùó ùù ùóûüö ûû þ øõ ÿ âüø áù î ûû æ ÿü ÿù C!tyofa,afl V. 3830 Pilot Knob Road Mph 1() Eagan MN 55122 Phone: (651) 675-5675 Fax: (651) 675-5694 Use BLUE or BLACK Ink 1 For Office Use Permit #: C D3 173 Permit Fee: (0o6> Date Received: 3— 1 " ?-- Staff: 2012 RESIDENTIAL PLUMBING/_1PERMIT APPLICATION� Date;r Site Address: 2135 J+h - H-ei -d / c Tenant: Suite #: Phone: Address/ City / Zip: Name: "/,r ,, �" ' 4I 2 ? License #: Address: 1/? //4 4Z tp... X City: ICCP State4` i' Zip: 5 "7X Phone: Contact: //ef/.74-- Email: _New Replacement _Repair _Rebuild _ Modify Space Description of work: RESIDENTIAL AVOW -Heater Lawn Irrigation (_ RPZ / _ PVB) Septic System New Abandonment Work in R.O.W. Water Softener Add Plumbing Fixtures ( Main / Lower Level) Water Turnaround RESIDENTIAL FEES: $60.00 Minimum Water Heater, Water Softener, or Water Heater and Softener (includes $5.00 State Surcharge) $60.00 Lawn Irrigation (includes $5.00 State Surcharge) $60.00 Add Plumbing Fixtures, Septic System Abandonment, Water Turnaround* (includes $5.00 State Surcharge) *Water Turnaround (add $189.00 if a 5/8" meter is required) $105.00 Septic System New ($10.00 per as built) (includes County fee and $5.00 State Surcharge) TOTAL FEES $ 6;7/ CALL BEFORE YOU DIG. CaII Gopher State One Call at (651) 454-0002 for protection against underground utility damage. Call 48 hours before you intend to dig to receive locates of underground utilities. www.gopherstateonecall.orq I hereby acknowledge that this information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan; that I understand this is not a permit, but only an application for a permit, and work is not to sta without a permit; that the work will be in accordance with the approved plan in the case of work which requires a review and approval of plan Ap Iicant'5 Printed Name x App n s ignature