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09/01/1998 - City Council Special Minutes of the Special Council Meeting September, 1998 page I 00320 MINUTES OF THE SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 1,1998 Present: Mayor Tom Egan, Councilmember Pat Awada, Councilmember Bea Blomquist, Councilmember Sandy Masin, Councilmember Ted Wachter, City Administrator Hedges, Director of Parks and Recreation Vraa, Director of Public Works Colbert, City Engineer Matthys, Intern to the City Administrator Hertel. Mayor Egan called the meeting to order at 5:05 p.m. GREENSBORO DRAINAGE ISSUE City Administrator Hedges gave an overview of the item. City Engineer Matthys gave a brief staff report and introduced Ms. Julie Casey and Mr. Brad Wendel from the Greensboro Addition to give a presentation of their situation to the Council for consideration. Ms. Julie Casey addressed the Council. She stated that one year ago this had come before the Council for consideration, but that all of her neighbors (with the exception of Mr. Wendel) had been opposed to the improvement project and were against the potential assessments to their properties. She stated that they had met with the City Engineer several times over the summer, but that they have exhausted the options they can pursue privately. She stated that they have considered seeking legal action to remedy the water problems in their home. City Engineer Matthys commented that the residents were requesting support or action by the City before seeking legal action. Ms. Casey stated that she has been dealing with the drainage and water problems since the completion of her home 11 years ago. She stated that her home was constructed before the street had been installed and had consequently been installed below street level. She stated ~hat she had re-graded her yard three times. Councilmember Blomquist arrived at 5:20. Ms. Casey stated that she had installed drainage tiles and had received minimal cooperation by her neighbors. She further stated that she has invested over $10,000 into improvements that had not worked. She informed the Council that drainage from approximately 1.5 acres of her neighbors' properties collected in her yard and occasionally in her basement. She provided pictures for the Council's perusal. Councilmember Masin asked when she had learned that her home had been situated incorrectly. Ms. Casey responded that she had become aware of that information in the Spring of 1988. She further stated that no one had ever told her she could petition the city for a public improvement. Mr. Brad Wendel addressed the Council. He confirmed all the statements made by Ms. Casey. He stated that Eagan has a lot to offer to residents, but expressed frustration at the fact that his family is unable to use their own backyard. Councilmember Wachter asked how deep the aforementioned 4" pipe had been installed. City Engineer Matthys commented that it was buried l' deep in the residents' backyards and buried 2.5-3' deep in the outlots. Councilmember Wachter asked why 8" pipes had not been installed. City Engineer Matthys explained that the improvement had been done privately and that their neighbors had objected because Ms. Casey and Mr. Wendel would have needed to bring in a backhoe to complete the task. Councilmember Wachter asked if the liability of the builders and developers had been exhausted. Mayor Egan commented that this is certainly beyond any statute of limitations, but that such a technicality doesn't make the situation any more right. Councilmember Wachter asked what the City would be able to do to resolve this issue if the Council determined that they had an obligation in this case. City Engineer Matthys stated that Ms. Casey and Mr. Wendel would like to see the City install a pipeline for drainage (8-12") at the proposed "West Line" alignment :n the feasibility report. He stated that this would be the best option due to the way the water currently goes from the .oofs of their neighbors' homes into their backyards and then into the basements. He further stated that the City does Minutes of the Special Council Meeting September, 1998 page 2 00321 already have easements to do this improvement. Mayor Egan stated that there is no question in his mind that this situation needs to be resolved. He stated that the question that needs to be determined for him is who will bear the cost of the improvement. He stated that the legal responsibilities of the city and the developer had expired some time ago, but that he believes the City should bite the bullet and fix the mistake in an economical fashion. Councilmember Masin suggested the City begin a file of accountability. City Administrator Hedges asked the Council if they would like the staff to pursue this improvement as a City project. Councilmember Blomquist asked if the City would bear some or all of the costs. Councilmember Wachter stated that he was in favor of the project and noted that they could determine at the time of Council action who will be liable for what portion of the costs. PROPOSED ACQUISITION/DON GRANT PROPOSAL City Administrator Hedges gave an overview. He stated that the majority ofthe concerns by Mr. Grant's neighbors pertained to the potential intensified use of the access road. He stated that staff had met with the neighbors since the original direction by the Council to acquire Mr. Grant's land and had resolved many of the issues. Director of Parks and Recreation Vraa gave a brief report confirming City Administrator Hedges' comments. City Administrator Hedges stated that City Attorney Sheldon had informed him that the private easement is granted for individual use, but not for an intensified use such as public park access. He stated that the appropriate public access to the property would be from Jurdy Road. Mr. Dave Bartush was present and addressed the Council. He confirmed that intensified use by the public had been his greatest concern as a neighbor to the Grant property, but was agreeable to its being used for single-family residential use. He went on to say that the current easement goes through his living room and that he would like to see a modified easement negotiated at the time the City acquires Mr. Grant's property. Director of Parks and Recreation Vraa stated that this was a reasonable request on the part of the impacted property-owners and would not significantly impact the property provided there could be some access for maintenance to which Mr. Bartush agreed. Councilmember Awada ~xpressed agreement. Mayor Egan stated that the Council would take formal action on the easement at a future meeting. Mr. Bartush and Mr. Woods then requested that the items scheduled for a public hearing on the Regular Council Agenda be tabled to a future meeting after the City has acquired the Grant land and after the City had decided if they wanted the park property connected to utilities. After brief discussion, the Council agreed to table consideration of the proposed street and utility improvements for the properties until after acquisition ofMr. Grant's property is complete. REVIEW OF BIDS FOR BATH HOUSE AND CONCESSION BUILDINGS/AQUATIC POOL PROJECT City Administrator Hedges gave an overview of the item and asked Director of Parks and Recreation Vraa to review the bids. Director of Parks and Recreation Vraa introduced Mr. Mike Parsons from Greystone and Mr. Ken Ward of Water Technologies, Inc. City Administrator Hedges stated that it is important to think in terms of a total budget for the facility, stating that it should be expected that some bids will come in higher than expected and some lower than expected. Director of Parks and Recreation Vraa reviewed the bids received and commented that staff worked with each bid amount to reduce costs in any reasonable areas. He stated that no bids had been received for the perimeter fencing due to uncertainty about the decorative fencing in the front of the facility. He further stated that the City would re-bid for the fencing and separate it into two packages. He noted that the same occurrence happened regarding the internal landscaping and will also be re-bid. He commented that staff, the consultant and the construction manager had reviewed the proposals carefully and has found ways to cut up to $70,000. He distributed the final tally results for the bids. Councilmember Wachter stated that without the retaining wall, the estimates would be almost identical to the projected budget. Director of Parks and Recreation Vraa commented that there have been other modifications added, including increased landscaping to the east of the facility. Mayor Egan inquired about the $40,000 for fees and testing. Director of Parks and Recreation . 'raa stated that although that figure is not final, it is necessary to have those funds available to retain quality control. ':ouncilmember Wachter inquired about the sub-floor heating system. Director of Parks and Recreation Vraa stated that Minutes of the Special Council Meeting September, 1998 page 3 00322 the system would prevent frost damage and pipe bursts. He further stated that this should be considered preventive maintenance. He welcomed Mr. Ward to share the color samples for the facility's materials. Mr. Ward stated that they had designed the buildings to be consistent with the rest of the municipal campus. Director of Parks and Recreation Vraa stated that the internal play structures would remain in primary colors, as well as the lockers for the convenience of color- coding. Mayor Egan asked if the re-bidding would set back the construction of the facility. Director of Parks and Recreation Vraa stated that the critical packages had been received already and that the schedule for the future packages is less stringent. ADJOURNMENT The meeting adjourned at 6:26 p.m. September 1, 1998 ~~ AH Date