4E, Paving Project at 1315 Red Fox Road

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Its. — EN HILLS MEMORANDUM DATE: September 28, 2009 TO: Honorable Mayor and City Council Members Ron Moorse, City Administrator FROM: Greg Hoag, Public Works Director SUBJECT: Paving project at 1315 Red Fox Road Backiround As part of the 2005 PMP project, the frontage road which connected Red Fox Road and Grey Fox Road was eliminated to provide for a ponding area to meet the storm water requirements for the project. As a result, Red Fox Road became a cul-de-sac. The building on the property at 1315 Red Fox road is currently accessed by a gravel road which extends off of the end of the cul-de-sac. The original PMP construction plans called for the current gravel road to be paved with asphalt. After the project began, the property owner contacted the City Engineer to discuss possible options for expanding their parking lot into the area of the gravel road. These discussions led to a mutual agreement not to pave the area pending the possibility of the parking lot expansion. In November of 2006, the property owner at 1315 Red Fox Road notified the City of a possible sanitary sewer leak. Public Works staff responded to determine if it was a City issue. The leak was in the property's private force main and not a City responsibility. The property owners had the leak repaired at their cost. In May of 2007, a second leak occurred in the private force main. The property owner once again had repairs completed at their cost. In August of 2007, the City received a letter from the property owners asking for reimbursement of their costs for the repairs. They felt that the leaks which they had repaired were a direct result of the construction project in 2005. As part of this letter they also requested that the gravel road now be paved. City staff turned over this issue to the League of Minnesota Cities for resolution. The League denied the sanitary sewer claim, and when the property owner filed a claim in district court, the paving of the driveway was included in the claim.