08/17/2021 - City Council Public Works Committee
AGENDA
PUBLIC WORKS COMMITTEE MEETING
August 17, 2021
(After conclusion of Regular Council Meeting)
I. ADOPT AGENDA
II. WATER METER PROGRAM - SURCHARGE APPEALS
III. D&U EASEMENT ENCROACHMENT AGREEMENT REQUEST
IV. UTILITIES MASTER PLAN UPDATE
V. OTHER BUSINESS
VI. ADJOURNMENT
Agenda Memo
August 17, 2021 Public Works Committee Meeting
II. Water Meter Replacement/Repair Program
Surcharge Appeals
DIRECTION TO BE CONSIDERED: Provide direction to City staff regarding the final disposition of
the Water Meter Replacement/Repair (R/R) Program (City Code 3.05) surcharge for the identified
properties in accordance with the related City Ordinance.
BACKGROUND:
• On May 15, 2012, the City Council adopted an amendment to City Ordinance 3.05 regarding
the Rules and Regulations relating to Municipal Utilities that requires all properties connected
to the municipal water utility to permit the city's designated utility employee onto the
property and within the structure for purposes of the inspection, repair or replacement of
the water meter. This action, in essence, implemented the Water Meter Replacement/Repair
(R/R) Program to ensure accurate water use measurement and payment.
• Part of the amendment, and accordingly the Water Meter R/R Program, incorporated a fee
schedule that provided for a surcharge to be placed against utility billing accounts for those
properties that either didn't schedule an inspection or did not bring the identified deficiency
into compliance within the prescribed time frame.
• The Surcharge Fee is $150 per month for Single Family properties and $500 per month for all
others.
• In anticipation of appeals, the Council directed the Public Works Committee to review any
appeals and provide their recommendations back to the Council under the Consent Agenda.
Staff has recently heard from the following property owners who want to appeal a related
surcharge.
• The following surcharge appeals are being presented to the Public Works Committee for the
purpose of the corresponding recommendation for future Council action. The properties
have been found to be in compliance with City Code regarding the Water Meter R/R Program.
As a result of the individual reviews, the related surcharge appeals should be recommended
to be supported (waive surcharge) or denied.
o William McBride, 3812 Blackhawk Ridge Place: Water Meter Program – Remove $150
surcharge (utility account)
o Asmamaw Menkir, 1802 Taconite Trail: Water Meter Program – Remove $150 surcharge
(utility account)
o Rachael Lach/Devontay Yos, 2119 Cliff Hill Lane: Water Meter Program – Remove $150
surcharge (utility account)
o Diana Jasa, 4267 Amber Drive: Water Meter Program – Remove $150 surcharge (utility
account)
o Jeff Carlson, 3926 Thames Avenue: Water Meter Program – Remove $150 surcharge
(utility account)
o Marvin Youness, 1426 Highview Avenue: Water Meter Program – Remove $150 surcharge
(utility account)
o Sharon Sobczak, 3345 Heritage Lane: Water Meter Program – Remove $150 surcharge
(utility account)
Agenda Memo
August 17, 2021 Public Works Committee Meeting
o Theresa Schugel, 3565 Woodland Court: Water Meter Program – Remove $150 surcharge
(utility account)
o Khalif Muse, 1593 Raindrop Drive: Water Meter Program – Remove $150 surcharge
(utility account)
o Minneapolis Property LLC (David Epstein), 4469 Cinnamon Ridge Circle: Water Meter
Program – Remove $150 surcharge (utility account)
o Arlette Gaona-Roman, 503 Waveney Court: Water Meter Program – Remove $150
surcharge (utility account)
o Jessica Trang, 4370 Cinnamon Ridge Trail: Water Meter Program – Remove $150
surcharge (utility account)
o Daniel Reardon, 3802 Bridgewater Drive: Water Meter Program – Remove $150 surcharge
(utility account)
o Jeanne Tousignant, 4523 Scott Trail: Water Meter Program – Remove $150 surcharge
(utility account)
o Peggy Shrake, 1782 Bluestone Drive E: Water Meter Program – Remove $150 surcharge
(utility account)
Agenda Memo
August 17, 2021 Public Works Committee Meeting
III. Encroachment Agreement – 4191 Summerbrooke Place
DIRECTION TO BE CONSIDERED: Provide direction to City staff regarding the request for an
Encroachment Agreement (Drainage and Utility Easement) for property at 4191 Summerbrooke
Place.
BACKGROUND:
• On June 14, 2021, City staff was approached by Mr. Troy Savage, property owner of 4191
Summerbrooke Place (Parcel 107295001050), requesting permission for encroachments
within existing drainage and utility easements on said property, north of Diffley Road, west
of Dodd Road, in east-central Eagan.
• The easements were dedicated as part of the Summerbrooke plat, at no cost to the City, to
provide for typical drainage and utility easement needs, including the placement of storm
sewer and access to storm water ponds.
• The residence at 4191 Summerbrooke Place is relatively new, having been built in 2019, and
was purchased by Mr. Savage within the past year.
• This spring, Mr. Savage regraded his rear lot t o address apparent drainage concerns. As
part of this effort, new retaining wall was installed on portion s of the property line for said
property, including much of the north property line and a smaller portion of the west
property line. See attached photos.
• The drainage and utility easement along the north property line is addressing typical
drainage purposes. The easement along the west property line not only addresses
drainage, but also accommodates one of two parallel storm sewer lines (about 20’ deep)
and access to the adjacent storm water pond. See attached site exhibit.
• With the installation of the retaining wall, the drainage needs can practically be addressed,
although to a lesser degree than originally designed. However, the potential impact the
retaining wall placement has on the City’s replacement of the storm sewer pipe and effect
on the storm water pond access and maintenance efforts is significant.
• The purpose of the encroachment agreement request is to allow the retaining wall to
remain in place, as is. Restoration of the retaining wall, if impacted by City drainage and
utilities activities, would be the responsibility of the property owner. The occurrence of
property owners adequately addressing similar responsibilities in comparable situations is
very limited. Often the timing of the need for such compliance is such that the current
owner is not the owner that signed the agreement.
• Numerous encroachment agreements have been approved previously by the City Council/
staff to address private features/amenities within drainage and utility easements.
Easements on such occasions have typically addressed only surface drainage. Staff is
unaware of any agreements that limit or impact City access or pipe replacement/repair
activities.
• A very large number of drainage and utility easements within the city have been impacted
without agreement or permission from the City council or staff. Many of these unapproved
encroachments impact storm sewer system operations, including access to storm water
ponds, repair/replacement of pipes, and drainage, often adding significant costs to the
City’s operations.
• The Zoning Permit was created (2010) as a no cost means for property owners to submit
plans for staff review and consideration prior to residents/property owners expending time
and money on home improvements that would be out of compliance with current code or
impact City systems or easements. A permit application was not submitted until after the
retaining wall was constructed (attached).
• Mr. Savage, the property owner, will attend the Public Works Committee meeting to make
his request to the committee members. He and staff will be available to provide more
details and to address any questions from the committee members.
ATTACHMENTS (3):
III-1 Site Photos, 4191 Summerbrooke Place
III-2 Site Exhibit, 4191 Summerbrooke Place
III-3 Zoning Permit Application, 4191 Summerbrooke Place
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D & U EASEMENT
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Document Path: L:\USERS\PUBWORKS\Engineering\TStrid\Exhibits\4191 Summerbrooke Place Encrochment Request.mxd Date: 8 /5/2021Document Path: L:\USERS\PUBWORKS\Engineering\Exhibits\4191 Summerbrooke Place Encrochment Requst.PDF
Agenda Memo
August 17, 2021 Public Works Committee Meeting
IV.Utilities Master Plan Update – Holland Lake Area
DIRECTION TO BE CONSIDERED: Provide direction to City staff regarding the authorization of
an update of the Water and Wastewater Master Plans for a portion of southern Eagan.
BACKGROUND:
•A portion of southeastern Eagan consists of larger than typical single-family parcels (ranging
in size up to nearly 10 acres) that are adjacent to one another. The described area (about
50 developable acres) is bound by Cliff Road, Lexington Avenue, Wilderness Run Road, and
Oak Pond Road.
•Over the past 30 years, public utilities have been stubbed to the perimeter of this area to
accommodate its future development. Such “investments” have been minimal with limited
planning of future extensions completed.
•Over the past 20 years, 5 to 10 acre parcels have been steadily developed throughout the
city. Such development opportunities are dwindling. Recent interest in a single larger
parcel has been expressed for development within this area near Holland Lake.
•The described area has multiple water bodies and significant topography, in addition to
being heavily wooded. It is likely that these aspects would be desirable to maintain as part
of any development. To maximize the protection of these features and the efficiency of the
public utility systems, a comprehensive approach should be implemented for the area.
•On May 4, 2021, the City Council authorized the preparation of a feasibility report for
Project 1437 (Wilderness Retreat/Lakewood Hills – Street and Utility Improvements),
incorporating a portion of this area. While the proposed improvements, if approved, would
only include a small portion of the overall area, the value of a comprehensive analysis of the
entire area may prove to be beneficial.
•In conjunction with the request for a consultant proposal to address the authorized
feasibility report for Project 1437, City staff has also asked the consultant to provide a
proposal for a comprehensive approach that would provide concept planning for the future
development of the larger area.
•The recommendations of the comprehensive concept planning would be used to update the
Water and Wastewater Master Plans for this portion of the city. While the petitioner would
be responsible for the entire cost to prepare the authorized feasibility report ($31,000) if
Project 1437 did not proceed to construction , the City would be responsible for the cost of
the concept planning of the larger area ($18,511, Utilities Trunk Fund), regardless of the
future of Project 1437.
ATTACHMENT (1):
IV-1 Site Exhibit
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KIRKWOODCIRLYNXCTWILDERNESSRUNRDOak Pond Lift StationHolland Lake Area - Utilites³STUDY AREAWATERSANITARY SEWEROAK POND LIFT STATIONDocument Path: L:\USERS\PUBWORKS\Engineering\TStrid\Exhibits\Holland Lake Area - Utilities.mxdDate: 8/5/2021Document Path: L:\USERS\PUBWORKS\Engineering\Exhibits\Holland Lake Area - Utilities.PDF