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Imp. Proj. #598COUNCIL P r.. a w. Originating Department City Manager Kirk McDonald B Management Assistant By: Approved for Agenda 5 -12 -97 Agenda Section Development & Planning Item No. RESOLUTION DECLARING ADEQUACY OF PETITION FOR PUBLIC STORM SEWER IMPROVEMENT AT 7300 49 AVENUE NORTH AND ORDERING PREPARATION OF ENGINEERING REPORT (STORM SEWER RELOCATION PROJECT NO. 598) The proposed construction of a 120,000 square foot office /warehouse building at 7300 49' Avenue (Lot 2, Block 1, 5000 Winnetka 2 nd Addition) will require the removal /relocation of the existing 30 -inch storm sewer that bisects the site. The City Engineer is recommending that the storm sewer be upgraded in size from a 30 -inch to a 36 -inch pipe to improve water quality. Per the Engineer's April 24 letter, the developer should at a minimum be responsible for the cost to reconstruct an equal amount of existing 30 -inch storm sewer from that removed and an equivalent amount of storm sewer to serve the site. The cost to upgrade the existing 30 -inch storm sewer to a 36 -inch to improve water quality, and the additional length over the existing length of storm sewer would be the City's responsibility (or the properties included in the upstream drainage area). The City Engineer indicated that if the developer were to request the City to construct and assess the public storm sewers, the cost responsibilities (estimating 25% indirect costs) would be estimated as follows: Lot 2, Block 1 City TOTAL Storm Sewer Cost $80,000 30,000 $110,000 Per the attached letter, the developer has petitioned the City to reconstruct the public storm sewer, similar to the 5000 Winnetka project, with the developer being responsible for grading the ponding areas. The developer indicates that he feels there are some important differences between the two projects and states that the percentage of water contributed by this site as opposed to the percentage contributed by the 5000 Winnetka project is far less. He also states that the commercial nature of the water inflow on this project is at sharp contrast with the residential nature of the inflow on the 5000 Winnetka project. His letter states that he respectfully asks that the City consider a larger allotment of the project costs be assessed to the benefiting commercial property owners on Quebec Avenue. TO: Review: Administration: Finance: Request for Action Page 2 5 -12 -97 The City Attorney has prepared the enclosed resolution accepting the letter as a valid petition for a public improvement. The resolution also directs the City Engineer to prepare an Engineering Report on the storm sewer relocation and stipulates that the City will only go forward with the project on the condition that there is an assessment agreement including a waiver of appeal rights and an agreement on costs before the project is commenced. The costs attributable to each party will be easier to define once the report is completed. Staff recommend approval of the resolution. RESOLUTION NO. 97- 81 RESOLUTION DECLARING ADEQUACY OF PETITION FOR PUBLIC STORM SEWER IMPROVEMENT AT 7300 49TH AVENUE NORTH AND ORDERING PREPARATION OF ENGINEERING REPORT (STORM SEWER RELOCATION PROJECT NO. 598 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. A certain petition requesting the relocation and reconstruction of a public storm sewer improvement running under the property at 7300 49th Avenue North, filed with the City on May —7 1997, is hereby declared to be signed by 100% of the owners of the property to be affected by the improvement. The only properties affected by and benefitting from this improvement is 7300 49th Avenue North, and said improvement is necessitated by the owners own proposed development on the property requiring the relocation of the existing public storm sewer. This declaration is made pursuant to and in conformity with Minn. Stat. §429.035. 2. The petition is hereby referred to the City Engineers Bonestroo, Rosene, Anderlik & Associates for a report to this Council with all convenient speed advising this Council in a preliminary way as to whether the proposed improvement is feasible and cost effective, whether it should be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. 3. The adoption of this resolution shall not in any way bind the City to undertake this improvement and the City shall not undertake this improvement unless and until the owner\petitioner of 7300 49th Avenue North enters into an Agreement Of Assessment And Waiver Of Irregularity And Appeal approved by the City establishing an unappealable assessment amount payable by the owner\petitioner for the owner's proportionate share of the improvement costs as determined by the City. Dated the 12th day of May, 1997. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk CORRICK & SONDRALL, P.A. STEVEN A. SONDRALL ATTORNEYS AT LAW LEGAL A$=TANT MICHAEL R. LAFLEUR MARTIN P. MALECHA Edinburgh Executive Office Plaza SHARON D. DERBY WILLIAM C. STRAIT 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 May 5, 1997 Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Petition For Storm Sewer Improvement\7300 49th Avenue N Our File: 99.11190 Please find enclosed a proposed RESOLUTION DECLARING ADEQUACY OF PETITION FOR PUBLIC STORM SEWER IMPROVEMENT AT 7300 49TH AVENUE NORTH AND ORDERING PREPARATION OF ENGINEERING REPORT for consideration at the May 12, 1997 Council. I am assuming Brad Hoyt has or is sending a letter to the City requesting this improvement. Please send me a copy of the letter as soon as it is received for my file. The enclosed resolution will accept the letter as a valid petition for a public improvement. Since this improvement is necessary to his own proposed development at the property the improvement will only benefit his property. As a result, I have included a paragraph making said finding and indicating the City will only go forward with this project on condition there is an assessment agreement including a waiver of appeal rights and an agreement on costs before the project is commenced. Please contact me if you have any questions or comments regarding this matter. < very ,'..�truly yours, -- 5�ven A. Sondrall Z1M enclosure cc: Valerie Leone Mark Hanson Hoy-t-Pevelopment C O M P A N Y 13400 15th AVENUE NORTH. SUITE F PLYMOUTH MINNESOTA 55441 Phone 612- 551 -4944 Fax 612- 551 -4943 1 -800- 551 -HOYT April 6, 1997 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Attn: Kirk McDonald RE: 7300 49th Avenue North Dear Kirk: Thank you for your assistance with the above captioned project. Please consider this my formal petition for the City to install the storm sewer discussed as a public project. I have reviewed the engineering report from the City's Engineer and I appreciate your efforts in that regard. I believe that the analysis made by the City's Consultant was analyst to the project at 'S000 Winnetka, however, there are some important differences. The 5000 Winnetka Project increased it's sewer capacity to drain a residential district that had experienced flooding problems whereas this Project handles all of the run off from the Industrial Park that fronts all of Quebec Avenue. The percentage of water contributed by this site as opposed to the percentage contributed by the 5000 Winnetka Project is far less. In addition, the commercial nature of the water inflow on this project is at sharp contrast with the residential nature of the inflow on the 5000 Winnetka Project. Therefore, I would respectfully ask that the City consider a larger allotment of the Project costs be assessed to the benefiting commercial property owners on Quebec Avenue. With regard to the timing of the Project Mr. Hanson discussed the possibility that the City could early publish in order to accommodate a time frame for construction that will not prevent the timely occupancy of the building. This would be greatly appreciated and we look iforward to working with the City to bring this project to an early completion and planting prior to freeze up this fall. Please contact me with any questions or concerns. Very truly yours, S Brad e A. Hoyt President BAH :kc cc: Mr. Rick Sheridan MINNEAPOLIS TAMPA DEVELOPMENT CONSTRUCTION MANAGEMENT INVESTMENT 612 6361311 04/23/97 14 :35 (5 :02 N0:487 8""114 16000W Andalde m.e Affot:leeet, err. It Wt Ahfillmf 4e Mn e*,w QPitnrt.awtr l+ Pew,, p,Ni otM 4 ®orNSUoo. ft.. JOWPh C. Anamb, Pe. • Mervin L. fervAj& Pt. . Rtt:MM E. penes. Pl • GlertA a case Pe. • r%emea f Noy,. PC.. Rene" 6 S<t+urvt to oc . JKty A. Yixedon, Pt. • ROOtxt W. *n " ft' ' Pt end St'"" Y EOatreti C PA %etyOt Curuutt.r,,, AttorkorOn"CIP rr tl0wxd A. Santoro. FF. a XC4M A. Gurdnn, Pt. • Rolled R. pfefter*. I.C. . Pick" W. POftet." ' rJPa,d O. ""Mm, Pt; . RObWI C. AU. µt. AJ.A.. Molt A MKMAW r. Rautrnertn, Pf . red Kliertt Pf, . Ratnevt p A IertOn. Pr.. M.ak R ROUt. Pl. StMay p WWtaesan. Pe_ t..S. a Ruttr*t a ROt "*n Ofrkes: St. Ptae. ttorneu.., *44 wr a" St. a... "M . Mep,.. ■% Het 4m m TO: Kirk McDonald, Jeannine Clancy FROM: Mark Hanson DATE: April 24, 1997 SUBJECT: 5000 Winnetka a Addition Lot 2, Block 1 Our Fite 34-Gen (E97.09) The developer has requested that the City participate in the cost of reconstructing tlx: existing 30 -inch stonn ..ewer and ponding thmgh the above- referewe d site similar to Ymject No. "9 (g0W Winnetka Avenue) constructed in 1989. The attached preliminary report and letter dated August 21, 1989, discusses the basis for the City constructing and assessing Project 449. In summary, the City's reaponsibility wa4 based on the coat to oversize the new storm sewer through the site to a►ccnmmcxfxte storm water runoff from other properties other than 5000 Winnetka Avenue. 'The pond grading was done by the developer as part of his site development. In the case of this project proposed on Lot 2 Block 1 (5000 Winnetka a Addition), the developer should, at a Minimum, be respomsible for the cost to reconstruct an equal amount of existing 30 -inch storm sewer from that removed and an equivalent amount of storm sewer to serve their site. The cost to upgrade the existing 30 -inch storm sewer to a 36 -inch to improve water quality, and the additional length over the existing length of stom sewer would be Now Hope's rexpainsihility (ter the properties included in the upstream drainage areas). Relative to the pond ceding. the dove Unwr has stock piled material on this site from other projects in Plymouth and from the adjacent Navarre project. The developer is responsible for providing ponding to satisfy water quality requirements rar this site mW the Navarre situ. Iu addition, the developer has also indicated that approximaWy 30.000 cubic yardx of material must be removed from this Rite for development. From an eneneeriM.standpoint. it is recommended that the developer assume all responsibility for the site grading including the ponding arras. The looped water main to Lou' ' Avenue or the ice arena is a recommendation for fire protection for this site. The looped-water main does not benefit mWents of New Hope by providing increased water pressure or flows. The looped water main provides an alternate water source for this site in the event of a water main break and an increase in water flows for fire protection. if the developer were to request the City to caenstruct and assess the puhlic rtnrm sewers, the cost responsibilities (estimating 25% indirect costs) based on the above approach are estimated as follows: ♦ 19" aA.d. !nl e 1,11 •' i II) 2335 West Highway 36 a St. Paul, MN 55113 -3898 a 612. 636-4600 BONESTR00 AND ASSOCIATES iff 612 6361311 05/01/97 11:4115 :01/02 N0:694 R_ M01 W TO: Kirk McDonald Jeannine Clancy FROM: Mark Manson DATE: May 2, 1997 SUBJECT: 5000 Winnetka 2"` Addition Lot 2, Block I Our File No. 34-Gen (1397 -09) We have reviewed the revised site plan dated April 30, 197, and offer the following comments and recommendations, The developer has verbally indicated he will petition the City to reconstruct the public storm sewer in accordance with our memo dated April 24, 1997. The public storm sewer will be constructed in accordance with City requirements and the Shingle Creek Watershed Commission. The ponding areas will be graded by the developer as prat of the site improvements in accordance with the April 30, 1997, grading plan. Water quality features will be included in the public contract for storm sewer. The proposed schedule is as follows: May 12, 1997 Council receives petition for public storm sewer improvement Water service will be provided from the existing eight -inch water main in the private drive located along the west property line. The existing six -inch water main stub will be reconstructed as an eight -inch water main and extended into the site as an eight -inch water main shown on the grading/utility plan. Looping of water main is not required based on now measurements in the area and review by the Fire Marshall. and authorizes preparation of Assessment Agreement May 27, 1997 Council accepts Assessment Agreement and authorizes plans, spec cations, and bidding June 9, 1997 Council approves plans and specifications June 23, 1997 Council receives bids and awards contract July 2, 1997 Contractor begins construction August 15, 1997 Substantial completion Water service will be provided from the existing eight -inch water main in the private drive located along the west property line. The existing six -inch water main stub will be reconstructed as an eight -inch water main and extended into the site as an eight -inch water main shown on the grading/utility plan. Looping of water main is not required based on now measurements in the area and review by the Fire Marshall. SONESTR00 AND ASSOCIATES 612 6361311 05/01/97 11:41 15 :02/02 NO:694 • Review of Shingle Creek Watershed is required. • Sanitary sewer service will be provided from the existing sewer located along the west property line. • Access will be provided by the existing, private shared driveway located along the common lot line between Lots 1 and 2. The existing drive is 30 feet wide, which is not wide enough to accommodate parking. Therefore, no parking shall be enforced along the shared driveway. • The removal of excess material from the site shall be accommodated along 49` Avenue to Quebec Avenue to 42 "" Avenue. The haul route shall be cleaned periodically as required. • A letter of credit shall he provided for the public storm sewer and ponding areas. it IC,V1.00 N 6&'2L + ". z W. 0 r , UJ 02 oe yo 0 / 27 Ll "7 LLJ + lk CLLO6 j A .90,61.9 N ai 0 ,N Q 0 w z 025 0 z Ir G N 0 t: W F— H z z z 0 . C c, U1 to 0 F.. it IC,V1.00 N 6&'2L + ". z W. 0 r , UJ 02 oe yo 0 / 27 Ll "7 LLJ + lk CLLO6 j A .90,61.9 N ai • 1 1 1111111 1 111 f i Originating Department City Manager Kirk McDonald B Management Assistant Un Approved for Agenda 5 -12 -97 Deve`Copment coon & Planning Item No. RESOLUTION INITIATING VACATION OF STORM SEWER AND UTILITY AND DRAINAGE EASEMENTS AT 7300 -7390 49 AVENUE NORTH (IMPROVEMENT PROJECT NO. 598) The proposed development of a 120,000 square foot office /warehouse building at 7300 49' Avenue will require the vacation of two easements, as follows: There is a 30 -inch storm sewer and a 10 -foot easement that runs north /south through the property. The developer is proposing to relocate the line and the easement to the west of the new building. The existing 10 -foot storm sewer easement needs to be vacated and the developer will dedicate a new easement to the City over the new storm sewer line. 2. There is a 20 -foot drainage and utility easement running parallel with the eastern property line. The Zoning Code allows a 10 -foot building setback on a side yard adjacent to a railroad right -of -way. The developer is proposing to locate the building 10 feet from the railroad right -of -way to utilize the adjacent railroad to the east via a rail spur. Therefore, 10 feet of the existing 20 -foot drainage and utility easement along the east property line needs to be vacated. The City Engineer has reviewed both of these easement vacation requests and is in agreement with them, provided that a new easement be dedicated to the City over the new storm sewer. The City Attorney has prepared the enclosed resolution initiating the easement vacations and setting a public hearing date of June 9 for the Council to consider the easement vacations. The developer is in the process of sending a letter to the City requesting the vacations along with the appropriate fee and legal descriptions. Staff recommends approval of the resolution. QMLi &M& TO: o' /a� Review: Administration: Finance: TO RESOLUTION NO. 97- 82 RESOLUTION INITIATING VACATION OF STORM SEWER AND UTILITY AND DRAINAGE EASEMENTS AT 7300 -7390 49TH AVENUE NORTH WHEREAS certain real estate located at 7300 -7390 49th Avenue North in the City of New Hope, legally described as (the Property): Lot 2, Block 1, Five Thousand Winnetka 2nd Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, is subject to a drainage and utility easement 20 feet in width along the southeasterly border of the Property, and also subject to a 10 foot wide storm sewer and drainage easement running through the middle of the Property in a north /south direction, and WHEREAS the Property is owned of record by JS Winnetka, Inc., a Minnesota corporation, with some possible interest in the Property held by New Hope L.L.P, a Minnesota limited liability partnership, and WHEREAS the owners of the Property have approached the City with plans for development of the Property, including placing a building within the 20 foot easement along the southeasterly border of the Property, and WHEREAS said development plans will also include relocating the storm sewer line and easement running north /south through the Property, and WHEREAS said development plans require the vacation of that portion of the drainage and utility easement described as follows (Utility Easement): That part of the Northwesterly 10.00 feet of the Southeasterly 20.00 feet, which lies north of the south 10.00 feet and westerly of the east 20.00 feet of said Lot 2, Block 1, FIVE THOUSAND WINNETKA 2ND ADDITION, Hennepin County, Minnesota, Me WHEREAS said development plans also require the vacation of that portion of the storm sewer and drainage easement described as follows (Storm Sewer Easement): That part of the West 10.00 feet of the East 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 8, Township 118, Range 21, lying South of Soo Line right -of -way and North of a line lying 10.00 feet northwesterly of and parallel with the north line of Minneapolis, Northfield and Southern Railway right -of -way, Hennepin County, Minnesota.(Per Document No. 3841547 and dedicated on the plat of FIVE THOUSAND WINNETKA 2ND ADDITION.), and WHEREAS the Utility Easement remaining after the vacation will still be 10 feet in width along the southeasterly border of the Property, and borders on a railroad right of way with no immediately adjacent development other than the railroad tracks, and WHEREAS as part of the development of the Property the storm sewer line will be relocated and the Storm .Sewer Easement will be replaced by a similar easement located over the relocated storm sewer line, and WHEREAS the Utility Easement and the Storm Sewer Easement are impeding development of the Property, and WHEREAS the Utility Easement and the Storm Sewer Easement are either not necessary or will be replaced with equivalent easements, and WHEREAS there are no other property owners directly abutting the Utility Easement or the Storm Sewer Easement, and WHEREAS in the interest of expediting this vacation proceeding, this Council shall initiate the vacation of the Utility Easement and the Storm Sewer Easement, but subject to the owners of the Property paying to the C i t y all standard fees for vacation proceedings. NOW THEREFORE BE IT RESOLVED by the C i t y Council of the City of New Hope, Minnesota as follows: 1. That the above recitals are hereby incorporated by reference. 2. That this resolution initiates the vacation of the Utility Easement and the Storm Sewer Easement described above, and that a public hearing will be held as soon as practicable for the Council to consider a resolution vacating said Easements, and the City Clerk is directed to publish and post notice, as well as mail written notice to the appropriate parties, all as required by law. 3. That the owners of the Property shall supply all needed information to City staff , and shall pay such vacation fee as would be paid if this vacation were initiated by petition of the owners. Dated the 12th day of May, 1897. W. Peter Enck, Mayor Attest: Valerie Leone, CitY Clerk MAY-06797 TUE 15:59 STEVEN /%. F-6p4twiA" MICHAEL R. LNFLEUR MARTIN P. MAI.rvCKA WILLIAM C. STr-tAJY* *APPROVED AOM Nf-UTPAL May 6, 1997 CORMCK & SONDRALL, P-A, ATTORNEYS AT LAW FdInbiirgh E7 er, 1 13tive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELIEWHONE (612) 420-6871 FAX (w 2) 425.5887 Daniel J. Donahue City of New Hope 4401 Xylcan Avenue North New Hope, MN 55428 RE: Vacation of easements 7300-7390 49th Avenue North our File No. 99.17008 near Dan: LEFC7At. ASSISTANT $HAkC?IV D. DERBY The enclosed Resolution will initiate the vacation of two easements, which vacations are required by the current development proposal for the above-refarAnced property. If this Resolution is passed at the May 12, 1997 Council meeting, the vacation procedure can be completed by Jurte S.' For the sake of expediency, this Resolution calls for initiation of this vacation proceeding by the Council rather than by petition of tho property owners. As a result, the resolution that actually vacates the easement in June must pass the Council by a 4/5ths majority. Note that this Resolution specifically raquires the property owners to pay the standard easement vacation fee. Let me know if you havo any questions about the enclosed Resolution or the vacation procedure. Sincere I y, Martin P. Malecha Assistant City Attorney MAY -06 -97 TUE 15:59 M3M Enclosures cc: Valerie Leone, CitY Clerk (w /enc) Kirk McDonald, Management Assistant (w /enc) Steven A. Sondrall, City Attorney 1 1. City of New Hope, Minnesota NOTICE IS HEREBY GIVEN, that the City Council of the City of New Hope, Minnesota, will meet in the Council Chambers in the New Hope City Hall, 4401 Xylon Avenue North, in said City on the 9th day of June, 1997, at 7:00 o'clock p.m. (or as soon thereafter as the matter may be heard) to hear, consider and pass upon all written or oral objections, if any, to the proposed vacating of a storm sewer and drainage easement, and a utility and drainage easement, said easements being located in the State of Minnesota, County of Hennepin, City of New Hope, legally described as follows: Utility and Drainage Easement That part of the Northwesterly 10.00 feet of the Southeasterly 20.00 feet, which lies north of the south 10.00 feet and westerly of the east 20.00 feet of said Lot 2, Block 1, FIVE THOUSAND WINNETKA 2ND ADDITION, Hennepin County, Minnesota, Storm Sewer and Drainage Easement That part of the West 10.00 feet of the East 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 8, Township 118, Range 21, lying South of Soo Line right-of-way and North of a line lying 10.00 feet northwesterly of and parallel with the north line of Minneapolis, Northfield and Southern Railway right-of-way, Hennepin County, Minnesota.(Per Document No. 3841547 and dedicated on the plat of FIVE THOUSAND WINNETKA 2ND ADDITION.), All persons desiring to be heard in connection with the consideration of the vacation described above are requested to be present at said meeting and to make their comments or objections, if any, to said vacation. Accommodations such as sign language interpreter or large printed materials are available upon request at least 5 working days in advance. Please contact the City Clerk to make arrangements (telephone 531-5117, TDD number 531- 5109). Dated the 12th day of May, 1997. s/ Valerie J. Leone Valerie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 21st day of May, 1997.) 0 0 0 692L N 3AV VNNVISinoi 02 Aa LLJ CD < cr- cb0b Za 0 o Cl- 0 0. 9 'y 41 - 7 04 '4 c? Q ii iE v --/ - — — — — — — — — — m u m W4 I CCLO6 A .90 UN N rrn a OD 00 Li v a. -LN3lN3SV3 J,iniin ONY 30VMV2J(l G3SOdO6d I A I — I O�J— 6125514943 HOYT DEVELOPMENT May 9, 1997 Kirk McDonald Community Development Coordinator City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 682 P02 MAY 0• 1 97 07:45 VIA FACSIMILE AND U.S. MAIL Re: Development Case 97-06 7300 49th Avenue Vacation of Easements In accordance with City Code, and in connection with the above development, we are formally requesting that the City vacate the easement along the railroad right-of-way and the existing stonn sewer easement that will be relocated as a part of the above project. Enclosed is our fee of $200.00. it is my understanding that legal descriptions have been provided by RLK. if not, please let me know and they will be provided. Thank you. 1191TLTR14-'— • LIO DEVELOPMENT *CONSTRUCTION &MANAGEMENT *INVESTMENT June 3, 1997 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 Mr. Brad Hoyt Hoyt Development Company 13400 15" Avenue North Plymouth, MN 55441 Subject: Update on Development Issues Dear Mr. Hoyt: City Halt: 612.531 -5100 Police: 612 - 531 -5170 Public Works: 612.533 -4823 TDD: 612 -531 -5109 City Hall Fax: 612. 531 -5136 Police Fax: 612- 531 -5174 Public Works Fax: 612- 533 -7650 Fire Dept Fax. 612- 531 -5175 FAXED COPY - ORIGINAL TO FOLLOW IN MAIL This letter is intended as an update on the development issues related to the construction of the new office /warehouse at 7300 49" Avenue. 1. May 27 Council Meeting - At the May 27 Council meeting, City staff gave the Council a general update on the storm sewer issues and indicated that an agreement on cost - sharing for a 36 -inch pipe had not been reached. The Council indicated that its first preference was still for a 36 -inch pipe with a reasonable cash contribution from the City. If you want to reconsider your position on this issue, please let me know as the City is willing to meet and negotiate with you on this issue. Assuming that no agreement is reached on the 36 -inch pipe, the following actions need to occur 2. New Easements - The route of the 30 -inch pipe is different than the 36 -inch pipe, therefore, the City needs a description of the new easement and a dedication of that easement to the City. The City also needs easement descriptions /dedications over the ponds, per Mark Hanson's attached letter. Please coordinate directly with Steve Sondrall's office on the easements and title work (425- 5671). It would be helpful if the easements could be provided as soon as possible, because the Council will need to pass a resolution accepting the new easements. If this cannot be accomplished at the June 9 Council meeting, it can be taken care of on June 23. 3. Public Hearing to Vacate Easements - The public hearing to vacate the existing easement is scheduled for June 9 and will be. on the agenda. Now that the pipe route has changed, the City needs a revised description of the portion of the easement that is to be vacated. In the original plan (36 -inch pipe), the entire length of the existing easement was to be vacated. In the revised plan (30 -inch pipe), only a portion of the existing easement is to be vacated. Please provide the revised descriptions to and coordinate with Steve Sondrall's office on this. I believe that the City Attorney will be recommending that the public hearing to vacate the existing easements be continued until all new /revised easements have been provided to the City. Hopefully this can be accomplished by June 23. 4. Resolution Approving Change in Conditions Regarding Size of Storm Sewer - The Planning Commission and City Council approved the planning case subject to a number of conditions, one of which was that a 36 -inch storm sewer be installed. If the City accepts the plan with a 30 -inch storm Family Styled City t,x F or Family Living Mr. Brad Hoyt Page 2 June 3, 1997 sewer, the Council needs to pass a resolution amending the original conditions. This resolution will be placed on the June 9 Council agenda. 5. Resolution Rescinding Resolution Declaring Adequacy of Petitioner - Steve Sondrall has indicated that the Council needs to pass a resolution rescinding your previous request for this project to be undertaken as a public improvement project, being that it will be constructed privately, and this resolution will be on the June 9 agenda. 6. Development Agreements - The Development Agreements have been prepared and are being mailed to you today from the City Attorney's office. Please execute them and return them to the City. 7. Performance Bond - The City Engineer has provided the enclosed correspondence stipulating the amount of the performance bond or letter of credit. Please submit the financial guarantee to the City along with the Development Agreements. 8. Revised Plans /Documents - Doug Sandstad has reviewed the revised site plan /utility plan and has noted that the following requested changes have been made: A. Lot coverage ratios are provided B. Screening per code is noted for compactors C. Two additional disability parking spaces have been provided D. North trucking dock area on site plan has been widened for semi maneuvering. This change needs to be made on grading plan also. I assume that you will be submitting the other revisions and documents outlined in the May 15 correspondence. All plan revisions /documents, performance bond and executed Development Agreements must be submitted prior to the issuance of a building permit. Please contact me at 531 -5119 if you have any questions on these issues. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator Enclosures: 5/29 City Engineer Correspondence Building,Official Revised Plan Comments cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Planning Case File 97 -06 iff 612 6361311 05/29/97 15:15 5 :02 N0:483 goevirma. sown-, ArWrilik erW Arrnr,.»nc car is vt Atftr ivt Atrton 'Fgij.tr Cj�Wrttavty rrtWj jVW Pnrtrrp.rh: gttu C� ®txaestlu0. CE - JoiPJfn c Anderhk, AC. s Mown L Sotr.Ho. PF - Rtehard C Turnw. PF . (mom R rank. PF - I?nho -rt C, it hLadc ht Pr . terry A Rrnurutn. PF - Rreaert W. Rosene. PE. ana %roan M. Wrrkn, C.P.A.. Senior Constrtanrt Arrorlate PrkxiNdls. Howiwd A Santrwd. PF - Keith A. Gurdore, P.F. - Robert R PfMterir, P.E. - Richard W Foster. P.F. - Devid O. Loskota. P.E. - Robert C. Ru&%rk, A.I.A. a Mark A. Hanson. PF - Michaei T. Rautmann. P.F. - Trd K.F1Md, P.C. - Kenneth P, AnGCrsnn. P.F. - Maek R. Rolls, P.E. - Sidrwy P. Wililamson. PE,. R S - Rnherr F Kol%mith Offices' St Pail, Rorhester, WHimar and St. Cloud, MN - MiiwmAea, Wi jo 1 Dlkvj 1 DATE: May 29, 1997 TO: Kirk McDonald Jeannine Clancy Steve Sondrail FROM: Mark Hanson SUBJECT: 5000 Winnetka 2 Addition Lot 2, Block l Our File No. 34-Gen (897 -07) The developer has submitted a revised site plan as it relates to storm water drainage for the above - referenced site. The building, parking lot layout, and landscaping plan have not changed from that considered at the May 12, 1997, Council Meeting. The revised storm water plan provides for the following: The existing 30 -inch storm sewer that is located beneath the proposed building will be relocated by the developer. Approximately 515 feet of 30 -inch storm sewer will be constructed at a 0.32 percent grade replacing 370 feet of 30 -inch RCP storm sewer located beneath the proposed building. Water quality requirements for the Navarre site and this site will be satisfied by expanding the Navarre water quality pond and constructing a similar size pond in the northe W corner of this site. The revised storm water plan as submitted provides for storm water treatment for this site and the Navarre site, not the 35.8 -acre upstream drainage area which presently flows thmugh the existing 30 -inch storm sewer (see attached drawing) as previously proposed The developer has indicated he will not allow the City to relocate the City's existing 30- inch storm sewer pips which is required to accommodate their building construction, nor will ha ap" to have the City participate for itx portion of the cost to provide storm water treatment for the. 35.R - afore upstream drainage area, which could easily be accommodated in the ponding arras proposed for this project. Staff previously determined the City's participation for relocated storm sewer to be $30,000.00, while the developer's engineer felt that the City's participation was $47,700.00 for relocated storm sewer and ponding. The developer does not agree with either amount. listed below are the design criteria for the ponding areas as previously proposed. 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612-636-4600 a Fax: 612- 636 -1311 BONESTROO AND ASSOCIATES "d 612 6361311 05/29/97 15:15 E� :03 Outflow Watt Fond East Fond Phosphorous Phosphorous Drainagc Area 3WJj - ,Are:a S+tlfim Area Wr Volume v ,CQ nrradon 47.6 ac. (') 0.3 ac. 0,4 ac. 1.12 ac. -ft. 56.2% 175.3 ppb Upstream drainage area is as follows: Navarra - 3.6 acres, lot 2 5000 Winnerka a Addition - tf.2 acres, 35.8 acres through existing 30 -inch RCP. Although the recommended 60 percent phosphorous removal could not be obtained for the whole 47.6 acre upstream watershed, the previous plan as proposed from an engineering standpoint was preferred over the plan being reviewed at this time. if the City elects to approve the plan as submitted, the following is recommended based on drainage: The relocated 30 - inch storm sewer shall he constructed in accordance with City standards. The existing 30 -inch storm sewer outfall shall be protected and may warrant additional rip rap depending on construction (detail plan shall be provided). The existing 30 -inch storm sewer north of the relocated storm sewer shall be cleaned and televised by the developer to verify its condition. The developer shall be responsible for damage due to his construction while the City shall be responsible for all other needed repairs. Water quality for the Navarre site and this site shall be in accordance with New Hope standards and Shingle Creek Watershed. The existing outfall for the Navarre pond (west pond) shall be relocated to the northerly end of the pond providing greater separation between inlet and outlet to prevent short- circuiting. The location of the outfall shall be properly located near the existing 30 -inch nutfall (detailed plans shall be provided). 'The outfall of the westerly pond shall blend in with the existing ditch in the railroad right - of -way. Construction in railroad right -of -way shall be reviewed by CP Rail (detailed plans shall be provided). Metes and bounds easement descriptions shall be provided over the relocated storm sewer and water quality pond areas (west and east). A maintenance agreement shall be provided similar to Navarre pond. A Letter of Credit shall be provided based on the following: 300 LF 'Talevise/clean existing 30 -inch storm sewer @ $3AX $900.00 515 LF= Rolumte 30" Sturm sewer irtvl. MHs 0 $60/1.f. 30,900.00 L5 Protect existing 30" outfall 0 $1,000 1,000.00 7000 CY Water quality pond/casements 0 $b/c.y. 42,000.00 LS Restoratio /crosion control Cray $5,000 5,000.00 LS Landscape @ $15,000 15.000.00 IS Signage along shared private driveway @y $1,000 Subtotal $95,800.00 +50% Bond Increase 49 TOTAL $143,700.00 MIN t it �, t. N��N -- s b IF p , t,,.A F'—I • 4 1 M JA I 9 144111411*04141 TO: KIRK McDONALD FROM: DOUG SANDSTAD A'ATE: MAY 30,1997 RE: REVISED HOYT SITE PIAN-7300 49thAve. NJ I have reviewed the revised Site Plan and Grading Plan submitted last Friday and note the following changes: • Lot Coverage Ratios are provided. • Screening per code is noted for compactors. • Two additional Disability Parking spaces are provided (total 6) • North trucking dock area on Site Plan has been widened for semi maneuvering, but Grading plan does not match! • City Engineer to comment on storm sewer, grading and ponding changes. LVI/ F151 C1 0 3 - WTOTMO Originating Department City Manager Kirk McDonald By: Management Assistant By: Approved for Agenda A enda Section Development & Planning Item No. RESOLUTION RESCINDING RESOLUTION DECLARING ADEQUACY OF PETITION FOR PUBLIC STORM SEWER IMPROVEMENT AT 7300 49 AVENUE NORTH (STORM SEWER RELOCATION PROJECT NO. 598) At the May 12 Council`meeting, the City Council approved a Resolution Declaring Adequacy of Petition for Public Storm Sewer Improvement at 7300 49 Avenue North and Ordering Preparation of Engineering Report (Storm Sewer Relocation Project No. 598). This action was taken because the developer had submitted a letter formally requesting that the City undertake the project as a public improvement. Subsequent to that meeting, the developer has verbally indicated that he will construct the storm sewer as a private project. As a result, a Minn. Stat. Chapter 429 assessment proceeding will not be necessary. The City Attorney has prepared the enclosed resolution rescinding the previous resolution. The City does not have any written confirmation from the developer indicating he is withdrawing his petition. Therefore, the City Attorney recommends that the developer state this intention publicly at the Council meeting prior to the adoption of the resolution so that the record is clear that a specially assessed public improvement is not being requested by the developer. Staff recommends approval of the resolution. MOTION BY TO: ftd Review: Administration: Finance: RESOLUTION ND. 97-102 RESOLUTION RESCINDING RESOLUTION DECLARING ADEQUACY OF PETITION FOR PUBLIC STORM SEWER IMPROVEMENT AT 7300 49TH AVENUE NORTH (STORM SEWER RELOCATION PROJECT NO'598) BE IT RESOLVED by the City Council of the City of New Hope as fol7ows: WHEREAS, this Council adopted at its May 12, 1997 meeting Resolution No. 87-81 a RESOLUTION DECLARING ADEQUACY OF PETITION FOR PUBLIC STORM SEWER IMPROVEMENT AT 7300 48TH AVENUE NORTH AND ORDERING PREPARATION OF ENGINEERING REPORT(GTORM SEWER RELOCATION PROJECT N0' 598), and WHEREAS, the property owner J.S. Winnetha, Inc. has informed the City it no longer wishes to proceed with the requested public improvement as an assessment project pursuant to Minn. Stat. Chap' 429, and WHEREAS, the property owner J.S. Winnetke/ Inc. has informed the City it wishes to withdrew its petition for the public improvement authorized by Resolution No. 87-81 NOW THEREFORE BE IT FURTHER RESOLVED by the City Council of the City of New Hope as follows: 1. A certain petition requesting the relocation and reconstruction of m public storm sewer improvement running under the property at 7300 49th Avenue North, filed pursuant to S1a._ Chap. 429 with the City on May O, 1887, is hereby declared withdrawn by the affected property owner of the proposed improvement J.S. Ninnmtka, Inc' 2' Resolution No. 87-81 a RESOLUTION DECLARING ADEQUACY OF PETITION FOR PUBLIC STORM SEWER IMPROVEMENT AT 7300 49TH AVENUE NORTH AND ORDERING PREPARATION OF ENGINEERING REPORT(STORM SEWER RELOCATION PROJECT NO' 598) adopted by this Council at its Juno S. 1997 is hereby rescinded. Dated the 12th day of May, 1997. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk C:IWP511CNHIHOYT.CAN CORRICK & SONDRALL, P.A. STEVEN A. SONDRALL ATTORNEYS AT LAw L 9 Q t±N A W MICHAEL P. M ALECH A R Edinburgh Executive Office Plaza SHARON o. DERBY MARTIN P . ALECH g WILLIAM C. STRAIT 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425 -5671 FAX (612) 425.5667 June 3, 1997 Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: 5000 Winnetka 2nd \Storm Sewer Relocation & Easement Vacations Our File Nos. 99.11189 & 99.11190 Dear Kirk: Please find enclosed for consideration at the June 9, 1997 Council meeting the proposed resolutions: 1. Resolution Rescinding Resolution Declaring Adequacy Of Petition For Public Storm Sewer Improvement At 7300 49th Avenue North, 2. Resolution Vacating Storm Sewer And Utility And Drainage Easements At 7300 -7390 49th Avenue North. In follow up to your June 3, 1997 letter to the Developer it is my understanding the storm sewer relocation project will be done privately by the Developer. As a result, a Minn. Stat. Chap. 429 assessment proceeding will not be necessary. We do not have any written confirmation from the Developer indicating he is withdrawing his petition. Therefore, I recommend he state this intention publicly at the next council meeting before the first resolution referenced above is adopted by the Council. The record should be clear a specially assessed public improvement is not being requested by the Developer. Second, with regard to the Developer's request to privately relocate the public storm sewer, it should be made clear to the Developer that plans and specifications must be provided to the City prior to the sewer relocation for approval by the City Engineer. Further, a construction and inspection schedule must be Kirk McDonald June 3, 1997 Page 2. submitted and followed by the Developer to permit the City Engineer to make appropriate inspections of the work in progress so we can assure ourselves the reconstruction meets all City standards. I also recommend we maintain a strict approach to retainage reduction so adequate funds are at our disposal at the end of the project to correct any deficiencies, if any, in the construction of public improvements related to this development. Third, regarding the easement vacations, we don't need a revised legal description for the existing storm sewer as you indicated in your letter. If we requested a revised easement New Hope Code §6.091(4) would require republication. Our code does not allow us to increase\decrease the extent of the easement to be vacated after publication of the hearing notice unless we republish. As long as the property owner provides the City with a new easement covering the entire storm sewer it will not matter that we vacated more of the easement than necessary. However, since we have not received a revised legal description for the new storm sewer easement or the ponding easements I recommend the public hearing to vacate the e x i s t i n g easements be postponed to the June 23, 1997 Council meeting or until such time as we have signed easements for the relocated storm sewer and ponds. As you pointed out we will also need title evidence from the Developer to assure ourselves the appropriate parties have signed the new easements. We have not received this information from the Developer as well. I would also suggest the easements not be vacated until we receive a signed Development Contract and Letter of Credit guaranteeing construction of all public improvements. A copy of the Development Contract is also enclosed for your review. Concerning the City Engineer's May 29, 1997 letter, please be aware it may be a simple construction task to upgrade the existing storm sewer to accommodate the 35.8 acre upstream drainage area unrelated to the proposed property development as part of the development project as suggested. However, coming to an agreement on cost allocation between the City and the Developer is not a simple matter. Numerous federal and state court decisions have been recently decided limiting governmental ability to exact requirements from developers unrelated to their developments. Unless there is a nexus between the development's impact and the required construction condition, allocating the cost to the developer for unrelated construction such as an upgraded water quality system may not be possible and constitutes a taking. Courts have not looked favorably on this practice. I also doubt the Developer's engineer meant $47,700.00 is the City's fair share of the upgraded system in his May 16, 1997 letter. To establish a fair cost allocation a determination must be made regarding the Developer's cost to handle his own water without the upgrade. The Kirk McDonald June 3, 1997 Page 3' difference between that cost and the upgrade's cost would be the City's share for the preferred system. Please contact me if you have any questions or comments concerning the enclosed resolutions or the content of this letter' Very truly yours, Steven A. Sondrall Z1tl enclosures co: Den Donahue Valerie Leone a a &%^ent mgyt evelo n, C O M P A N Y 13400 15th AVENUE NORTH SUITE F PLYMOUTH MINNESOTA 55441 Phone 612 - 551 -4944 Fax 612- 551 -4943 1- 800 - 551 -HOYT April 6,1997 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Attn: Kirk McDonald RE: 7300 49th Avenue North Dear Kirk: Thank you for your assistance with the above captioned project. Please consider this my formal petition for the City to install the storm sewer discussed as a public project. I have reviewed the engineering report from the City's Engineer and I appreciate your efforts in that regard. I believe that the analysis made by the City's Consultant was analyst to the project at 5000 Winnetka, however, there are some important differences. The 5000 Winnetka Project increased it's sewer capacity to drain a residential district that had experienced flooding problems whereas this Project handles all of the run off from the Industrial Park that fronts all of Quebec Avenue. The percentage of water contributed by this site as opposed to the percentage contributed by the 5000 Winnetka Project is far less. In addition, the commercial nature of the water inflow on this project is at sharp contrast with the residential nature of the inflow on the 5000 Winnetka Project. Therefore, I would respectfully ask that the City consider a larger allotment of the Project costs be assessed to the benefiting commercial pfoperty owners on Quebec Avenue. With regard to the timing of the Project Mr. Hanson discussed the possibility that the City could early publish in order to accommodate a time frame for construction that will not prevent the timely occupancy of the building. This would 'be greatly appreciated and we look forward to working with the City to bring this project to an early completion and planting prior to freeze up this fall. Please contact me with any questions or concerns. Very truly yours, Brad e A. Hoyt — President BAH:kc cc: Mr. Rick Sheridan MINNEAPOLIS • TAMPA DEVELOPMENT • CONSTRUCTION *MANAGEMENT • INVESTMENT COUNCIL 1. 1 . 4 DIP10 0 • MOTION AUTHORIZING CITY MANAGER TO NEGOTIATE EMERGENCY CONTRACT WITH DEVELOPER AND /OR HIS CONTRACTOR FOR RECONSTRUCTION OF STORM SEWER AND PONDS AT 7300 49 AVENUE NORTH Ao City staff are requesting approval of motion by the City Council authorizing the City Manager to negotiate an emergency contract with Brad Hoyt and /or his contractor for reconstruction of the storm sewer and ponds at 9300 49 Avenue North. As you are aware, when this development was first initiated it was proposed that the existing 30 inch storm sewer on this site be upgraded and re- routed through several storm water ponds for water quality improvements. This was not accomplished, however, because the City could not reach an agreement with the developer on the sharing of costs. At the June 9th Council meeting the Council approved a revised plan where the developer would simply re -route the existing 30 inch storm sewer pipe around the building and re- connect to the existing storm sewer. When the developer initiated work on the site it was discovered that the existing 30 inch pipe was totally blocked and filled. The drainage ditch along the railroad right -of -way is also completely filled. This pipe and ditch were installed in 1965 and have had little maintenance since that time. The options at this point are to: 1. try and clean the plugged pipe and ditch 2. replace the existing pipe and clean the ditch 3. coordinate with the developer to install a new larger pipe and route it through the ponds for storm water quality purposes. City staff are recommending pursuing the third option and have received quotes from Hoyt's contractor to perform the work on behalf of the City. The City would be responsible for oversizing the pipe, enlarging the ponds and for the new pipe from the ponds to the wetlands. Per the City Engineer's letter, the estimated cost is $40,000 - $45,000. Staff is continuing to negotiate with Hoyt to determine the final cost. The City Attorney would prepare an agreement where the City would make a direct payment to the developer for the emergency work. Please refer to the attached correspondence from the City Engineer and City Attorney for more information. MOTION BY ' SECOND BY to Review: Administration: Finance: ,_ * City Council Worksession ,,uly 14, 1997 Page 2 Staff recommends approval of a motion by the Council authorizing the City Manager to negotiate an emergency contract with the developer and /or his contractor for the reconstruction of the storm sewer and ponds at 7300 49 Avenue North. JUL FRI 14:bt STFVF7rj A Q� mj0PLAX. n, L^rLCUfR MARTIN. P. MALECHA MLUAM C. GY"T* ixlrAL A,;515TANT SHARON D. DERRY *0kPPn0VCU ADA NEUTRAL July 11, 1937 CORMCK & SONDRALL, RA. ATTORNEYS Ar LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Mirmesota. 55443 TGUPHONE (612) 426-5971 FAX (612) 425-5867 Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Hoyt Develooment\7300 49th Avenue North Our File: 99,11100 bear Kirk: This letter is in response to the questions raised relating to the Developer's responsibility for correction of problems with the storm sewer and drainage ditch. It has been discovered the storm sewer is almost entirely plugged with sand and dirt. This condition has been caused by improper use of the drainage ditch and resulting blockage of the sewer owtfall, The outfall's blockage impeded the sewer's ability to discharge causing it to become plugged. The following questions have been asked relating to liabilities for correction of tho problem: 1. Does the owner of the property subordinate to our storm sewer easement assume all correction and repair responsibil - iLy regardless of the Cause? 2- Can the City require the developer to construct storm Sewer and water quality facilities in excess of the proposed development's impact on said facilities as a condition of site and building approval? S. Does the city have a cause of action against the person or entity that CaLiSed the disrepair of the storm sewer, outfall and ditch for the cost to repair said problems? The answer to question I is no- A property owner does not inherit any and 811 problems that may bo associated with the past use or ownership of said property. There is no legal basis to conclude a property owner Vicariously assumes the liability for the acts or JUL-11-97 FRI 14:b Kirk McDonald July 11, 1997 Page 2. omieSions of a past owner or tenant. There is no evidence to conclude the Developer is responsible for the blockage of the outfall or any improper grading activity. Public works did find some kind of concrete mixture in the ditch which contributed to the blockage of the outfall. A company named Model Concrete, a prior tenant of the building that used to be located on the property, may be responsible for the concrete mixture found in the ditch. However, since the City has not had an inspection or maintenance program for storm sewers and the subject storm sewer has been in existence for over 30 years, it will be very difficult to establish how the offending concrete mixture came to be located in the ditch and who put it there. Circumstantial evidence is sometimes Buff iQienL to prove a case, but in this case the City also has a duty to inspect and maintain its own facilities. We have ignored this duty for over 30 years. Under these circumstances it will be difficult to convince a court to sympathetic towards the City's position in light of the fact we will have the burden of proof to establish who is the offending party. The answer to question 2 is no. The basic law in this area is known as the "reasonable relationship" te.-,t (see Dolan v. -City of Tigard U.S. Supreme Court case No. 93-518, 1994). In the Dolan case the property owner was asked to dedicate a pedestrian\bicycle pathway and a greenway to prevent flooding in exchange for a building parmit to expand her plumbing store and parking lot. The Court held the city mush show the required dedication is related both in nature and extent to the proposed development's impact. in striking down the conditions the court concluded the city had not satisfied the reasonable relationship test since the store expansion would not create a greater need for the bike trail or contribute to any additional flooding. In our case, the proposed storm sewer improvements are not precipitated by the proposed development. In fact, the Developer"s property is not benefitted at all by the storm sewer existing under his property. As a result, any improvements to the existing facilities have no relationship to the Developer's property or proposed improvement. In this case there is no way the City could mRet the reasonable relationship test of the Dolan case. The answer to question 3 is yes. However, determining the responsible party will be most difficult and is our burden of proof as discussed above. In summary, it would be unwise to delay issuance of a permit to the Developer based on the Developer's refusal to construct and pay for a new storm sewer and expanded ponds. It is my recommendation we negotiate with the DRveloper to construct the new facilities as proposed in the City Engineer's July 10, 1997 memo, with the understanding we may need to pay all or a majority of the costs. We JUL-11-97 FRI 14:58 Kirk McDonald July 11, 1997 RE,,oe 3. F. U4/U4 should then conduct an independent investigation for the offending Party and cause of the existing disrepair of our storm sewer fdcility. If we can develop sufficient facts to establish who was the offending party causing the blockage and ultimate need for repair of our storm sewer we can bring an action against said party for the cost of our repairs. Contact me if you have any other Questions or comments. very truly yours, S L Steven A. Sondrall W1 cc: Dan Donahue Mark Hanson BONESTR00 AND ASSOCIATES 612 6361311 07/11 /97 15:08 CY : NO: 8unettrrxr. Ruiene, Antterhk dnAA . ,, ntidtrt, btr a do Affirmatrve A,trnty Equal t ppprliirlrly E/iF�rtnyer PrincipolS: ottn G. 00;jestrou, vE, . JOSeph C. Anderick, CF - Utrv,n i Sbrvala, p} . Richard F. Ttrrner. F.E - Glenh R Cpok. P.C. - Robrrt G. Wnunrcftt, PE . berry A Buurdo, P,E. RObert W. R9Senr, P.E. and SuSdn M. Cbenfil, t PA., Serttor Cunfuft utt$ AtaoClatr PrincipatS. Howard A. Stnfurrr, P.C. - Keith A. FOSLer, PE. • L,Ordun, PT. - Robert R. P}efterle, P.I. ItithdM W. navid , t nakota, PC. - Robert C. RUSSek. AIA - Mark A. Hatunn, AF Michael T. Rdutmdnn, P.F. - Ted K.rietd, PF - Krnneth P Anderson. P.C. - Mark R. Rolts, RE. o Sidney P. WiNi.arnson, P.F., R.S. - Robert F. Kotsnlith of"Cer• St. Paul. Rorn eYtrr Wtnmer and St. Cluud. MM . Mtiwauker, Wi MEMU TO: Dirk Mct3alnald Steve Sondrall Guy Johnson FROM: Mark Hanson :DATE: July 10, I997 SUBJECT: 5000 Winnetka 2°d Addition Lot 2, .Block 1 Our Pile No, 34211 PAQN We have received cost estimates from the developer (attached) to share in the storm sewer re esign d for the above_rr.ferenced project. The storm sewer redesign provides for the existing public storm Sewer discharging to pond 1 and interconnecting Ponds I, and 2 by a 42 -inch storm sewer. Listed below are the proposed cost- sharing amounts from the developer's contractor (C>ption A). After reviewing the plans with Public Works, it is recommended that trash guards not be provided on the flared -end :sections. Therefore, the trash guards ($4.300.00) have been deleted. It should be noted that the pond excavati quantities are based on our estimates in accordance with our memo dated July 8, 1 997. Q t ! 1.) 36" storm sewer (132') 2.) Delay Navarre 24" storm sewer $13,700.00 3 -) Remove Pond 1 existing outlet pipe 2,0(10,00 4 .) Oversi .-.e 24" to 42 betw fonds I and 2 (349) . -) ()v rsiZC 24" t') 3p" outlet Pond 2 (32 2 51 22, . 5 6 -) Explore, exixting 30" storm sewer 1,200.00 7 -) Mobilization for backhoe 800`00 8.) Permits 350.010 Subtotal _ 300.00 Wand e xcavation (3,200 cy) $42,250.0 0 4 V 1 A i s •- '�4 -t�cr� Delete trash guards (1 - 36 ", 2 - 42 ", 2 - 30 ") $48,650.00 TOTAL CITY COST 4 3 $44,350.00 The total cost is estimated at $44,350.00 However, it is felt that Items 2. 3, 6, 7, and 8 (total cost $4,450) could be negotiated boc:ausc these items had to be consitlered regardless of the storm sewer redcoign. x'3.75 West HiafHwav 3r. ■ 4 Pas-d AIA&# BONESTROO ANC ASSOCIATES 612 6361311 tat /II/Y( 'I:):Uts LY :u,5 NU: Memo to Kirk McDonald 5000 Winnetka 2 ftd Addition July 10, 1997 Page 2 In addition to the above costs, the developer has also provid a CP cost to construct $ 3b -inch storm sewer to replace the existing 30rinch storm fie�wer (('}ptic�rt 13) which would discharge directly into the Glitch i!H Rail right-of-way i,+ lic:tt of Pcmd 1. 111c estimated cost is summarized below. —0PjLoiB 36" RCP storm sewer (280') Remove trash guard $24.400.00 Subtotal Ditch grading (420 c0restoration 23,400.00 60D TOTAL $31 p W The utility contractor for the developer is not agreeable to grade the ditch (900 feet). Therefore, the cast estimate is an engineer's; estimate. It should he noted that the ditch c grading could be complicated due to evidence of lime sludge from other excavations in the area. t. •tr' t R!� The public stoner sewer discharge (Option A) is recommended over the direct discharge to the ditch (Option 13) because. wetter quality ix prOVidrd for an additional 35.8 acres upstream of 49 Avenue. It is unfortunate that the condition of the existing public storm sewerlditeh was not better known during the review process. However, until June 9, the Planning CBtrunissioll/Council had approved Option A which eliminated the need to use the existing storm sewer. Therefore, public works/engineering did not have to be concerned with the condition of the existing storm sewer since it was to be abandoned. Obviously, through routine maintenance, the existing conditions would have been known; however, the storm water runoff from the low point in Oh Avenue at the railroad crossing will overland along the railroad right -of -way and not cause harm to anyone. 'The 60+- mites Of the storm .+ewer that the City maintains has been taken care of by maintaining problem areas, which is why the existing storm sewer /ditch has not been routinely inspeetcd, problem areas include flooding of roads, homes, backyards, parks, etc_ Now that the rop rt resolve deficiencies witie rile existing storm sewer /ditch. Staff has been reviewing atltern t°ves to correct the storm sewer since the June 9 Council Meeting, which is the purpose of this m tern cc: VTV BONESTROO AND ASSOCIATES ME4 HOPE CITY NAIL f .. 040 73PR1 612 6361311 07/11 /97 15: U8 Cy :04 NO: (i!6 FAX NO.# 612 $31 6116 07.0 * -07 $1136P Pi02 VALLEY-RICH Cor INC. i r _ ■ ♦ 0 j= 6 R $7,3 ♦. i C t woln i i 10 # ' RR r. wx• 000 Pond #1 relay vAstft 240 �' $3. 000 + plug t 1 ,R,i Pa 349 42* RCP 10 2 Catch basin (aam manholes) _$5 r. wx• 000 1 42 FE, TO $3. 000 349 24* RCP $1 0 , 70D ■ w ■ 1 1 i, g R RCp $ 1 , 300 ii i FE TO - *f a :i $ 3 , 300 r • i 612 6361311 24" RCP 24* FE. TO 24* PE, TG, RR 810m er Wist (48 Other _, . 4 hourt crqw time for exploration of old 30 MMM OL If . r _: 3i .... ,: 71 ' 17 #had / Oak Road (12) 929-4342 SdOh PrIsIrle MInneSeta Fax: (412) 412S.0140 0 OD v m k ; •., fi.. x v: 01 j ! 41 i co LA o � s°4 ? .Fy / ti i � i ` r't 'F: MOVED ... ... •,-.. "-, �y'. ... -_m .... " "..:'• r' r 4H c� r d ra • A t1C? ?tic 0 . as cr N �,�► rn :U' { Ilk ^`' fi t" } '�%�r •`'.. '` �,� , tit it -► m i'tn ! C"JM p fq C3 Y k i _ � a 72 59 �. 1)'..11�''I!,�l�t'• ,��,'E N�,ttl� S31dIjOS5d ONE! OOtP g59 :ON Z0: f1 SZ :80 L6 /OL /LO LL20£9 U9 �-\ 01-4 AVE W Ma ti L�q Z Nf� AVE 14 f V. rp Pcr - V %o 10 Z rn z k a M 0 TI O Z 859 = 0N 120: [g 92:90 L61OLIZO 1.1.2 2 L9 -6 S31VTOOSSV GNV ,4D ASSOCIATES f5'IG 1 yr fvvt .i V1 .-. L-- .,.. . Hnnettrnn, Ron -nr, Andrriik And A% torlAtr 1, in( 11 an A ffirmative At bon'rqu.d Clppuflunily Grgsluyer Prlmopatt: 0111) C.. tlune-MI(Jl, ItL. - tusnph t. Arldrrllk, CL. - M.11 V01 L. Survald, P.E. - Rlrhard F runner. PF • fornn R Conk. PF • Rnnerf Ci whunrrht, PF - Jerry A. bourclom FL Robert W. Rusene, P.E. dnd Susdn M. Oberlin, C.PA., Senior Consultacttl Associate Principols: Howard A. Sonfurd, P.C. - Keith A. Gordon, P.E. - Robert R. Prefferle. P.E. Rit yard W. roster, P.C. - David O. Loskota, PC. - Robert C. Russek, A.i A. - Mark A, Hanson, PE Michael T Rautmann, FE - Ted K.Field. PE. - Kr'nnCthP An(1nrcnn, PF - Mark H Holt%, Fl- Sidney P. Williamson, P.E.. R.S. - Robert F. Kotsmith Offices: St. Paul, Rochester, WWtnar and St. Cloud, MN - Milwaukee, Wl TO: Kirk McDonald Steve Sondrall, FROM: Mark Hanson DATE: July 8, 1997 SUBJECT: 5000 Winnetka 2" Addition Lot 2, Block 1 Our File No. 34211 The developer has submitted a revised plan breed on a meeting between staff and the developer on June 30, 1997, The revised plan was submitted on July 2, 1997, which provides for directing storm water from the public storm sewer into the two ponding areas as originally proposed. The revised plan has been submitted for consideration because the City's public storm sewer is completely plugged. The storm %ewer pipe has been plugged because the ditch in +Cl' Rail right- of-way ha. been filled. Therefore, as stated at the meeting, two optinns exist, which are discussed below. A. Direct Public Storm Sewer into Ponding Areas 1. City assumes full cost (labor and material) for 102 feet of 36 -inch RCP and flared end into Pond 1 (northwest pond). 2. City assumes oversizing cost of 24 -inch RCP to 42 -inch RCP between ponds (349 ft). 3, City assumes oversizing cost of Pond 2 (northeast pond) outlet pipe to ditch, 24 -inch RCP to 30 -inch RCP (32 ft.). 4. City assumes cast of constructing Pond 1 and Pond 2 deeper: NW--L HW Pond 1 2.5 feet deeper 500cubic yards(cy) 885,5 892.5 Pond 2 5.5 feet ditper 2,700 c v 11m)'o K91.0 3,200 c y B. Abandon Existing 30 -inch Outfall Pipe to Ditch and Construct New36 -inch Pipe and Regrade 900 -foot Ditch in CP Rail Right -of -Way. 1. City assumes full cost to construct 280 feet of 36 -inch RCP to ditch. 2, City assumes cost to regrade and restore 900 feet of ditch in railroad right -of -way (estimate: 420 cy). 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612 -636 -4600 r t=ax: 612 - 636 -1311 .tqD ASSOCIATES iff 612 6-w5l'i Uf/UO/Yf Ur - .;) o LY V-1 114v. d r i Mr. Kirk McDonald Judy 8, 1997 Page 2 The estimated cost for each option based on material costs from Royal Concrete Pipe and $400 per hour for sewer crew (labor) is summarized below. Option A - $34,000 Public Storm Sewer to Ponds Option B - $29,000 Public; Stotin Sewer to Ditch At this time, we have not received any costs from the developer justifying the above costs for the City if they elect to negotiate with the developer. From and engineering standpoint, Option A is recommended. Attached are the storm sewer calculations for Option A. In addition to the above., we reconunend the following 0 The outful I pipe from the Navarre site must correspond to the NWL of Pond I - STORM SEWER IMPROVEMENT CONTRACT PROJECT NO. 598 (Storm Sewer Relocation at 7380 49th Avenue North) For valuable consideration as set forth below, this Contract dated the 15th day of July, 1897 is made and signed by the City of New Hope (hereinafter ^ City ^ ) and Val ley-Rich Cm., Inc. (hereinafter "Cont ractor 1. CONTRACT DOCUMENTS The Contractor agrees to perform and comply with the provisions of this Contract and the plan and specifications attached hereto as Exhibit A for the reconstruction of approximately 280 feet of 36 RCP (storm sewer) at 7300 49th Avenue North prepared by Bonegtroo, Rosane, Anderlik & Assoc., which is incorporated herein by this refereno8. Grading and restoration of the drainage ditch is included as part of the Work but is not included in the Contract Price. This Contract and Plan shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. The work to be performed by Contractor under this Contract (hereinafter the ^Work^), shall include the entire completed construction or the various separately identifiable parts thereof required to be furnished under this Contract. The City agrees to pay Contractor Twenty-Four Th0QSDAd Six Hundred Fifty and No/100tbs Dollars ($24,050.00), as itemized on Exhibit A-2 attached, payable upon the City's acceptance of Contractor's performance under this Contract. All work relating to ditch grading and restoration Shall be on a time basis at a rate mutuall, to the parties but not 10 exceed 4. COMPLfTION DATE Contractor agrees the work contemplated by this Contract shall be completed within 30 days of the date this contract is signed by the Contractor. The Contractor hereby represents to the City it has insurance coverage in the minimum following amounts applicable to the herein contracted work: u. General Contractor Liability: $500 b. Automobile Liability for all automobiles: $500,000.00 C. VVurhHnan'e Compensation: Statutory Amounts The Contractor represents it will hire no subcontractors to perform any of the work contemplated by this Contract and the materials used by the Contractor shall be free from any and all liens of suppliers and materjal0en. NIMI =am The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them maybe liable, regardless of whether or not it is caused in part by m party indemnified hereunder. The Contractor shall not assign or transfer, whether by an assignment or nuvation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. B' NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this Contract shall be Valley-Rich Co., Inc., c/o Jo#n Wikly4, 7107 Shady Oak Road, Eden Prairie, MN 55344. The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. VALLEY-RICH CO., INC. By Its Klz COUNTY OF HEWNEPIN } ) os. ) C xl� 1�_p going was acknowledged before me this ~+�-e day of 1997, by W. Peter Enok and Daniel J. Donahue, the Waynr and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal oorooratinn. STATE OF MINNESOTA ) ) os. COUNTY OF HENNEPIN } foregoing k l d d ,before me this day of uly 1997, by the of Valley-Rich Co., Inc., a corporation, on behalf of sa) corporation. tary ZPublid" v c\wpG\cnh\uontrud.vr NOTARY PUBLIC - MINNESOTA BONESTROO AND ASSOCIATES 612 6361311 07/16/97 14:15 D :02102 NO:867 1p V.11=v t"My pug m3pomwo 0004 VIOUNNIA '3dOH M3N 1% t i 1N f I oil Z yytsinoi J, 177 1.j k• ,� 1 A OW d V ' E Exhibit A-1 4f .... � � a $ ...... ...... . .... ...... .... ... .......... . ...... ......... . ....... ....... Exhibit A-1 280 36" RCP 1 36" FE, RR 1 Manhole connect 280 Remove 30" Haul 4 hours crew time for exploration of old 30" Mobilization for backhoe $15,400 900 2,500 3,700 1,000 800 350 Exhibit A-2 CORMCK & SONDRALL, RA. STEVEN A. SONDRALL ATTORNEYS AT LAW LEGAL ASSISTANT MICHAEL R. LAFLEUR Edinburgh Executive Office Plaza SHARON D. DERBY MARTIN P. MALECHA 8525 Edinbrook Crossing WILLIAM C. STRAIT* Suite #203 Brooklyn Park, Minnesota 55443 *APPROVED AIDE NEUTRAL TELEPHONE (612) 425-5671 FAX (612) 425-5867 July 31, 1997 Mr. John Miklya Valley-Rich Co., Inc. 7167 Shady Oak Road Eden Prairie, MN 55344 RE: Storm Sewer Construction at 7300 49th Avenue North Our File No: 99.11190 Dear John: Please find enclosed a fully signed copy for the Storm Sewer Improvement Project No. 598 at 7300 49th Avenue North. Thank you for your consideration to this matter. Very truly yours, H t : T Steven A. Sondrall New Hope City Attorney s1t Enclosure CC. Valerie Leone, City Clerk (w/enc)" M M MUM Originating Department Community Development By: Kirk McDonald Lin COUNCIL Approved for Agenda Agenda Section Consent Item No. 6.4 RESOLUTION VACATING STORM SEWER AND UTILITY AND DRAINAGE- EASEMENTS AT 7300- 7390 49 AVENUE NORTH (IMPROVEMENT PROJECT NO. 598 /PLANNING CASE 97 -06) In the spring of 1997, the City began a vacation proceeding for two easements at the 7300 -7390 49 Avenue site, which is part of Five Thousand Winnetka 2 nd Addition. One of the easements involved vacating 10 feet of the 20 -foot wide easement along the southeast border of the property so that the building could be constructed 10 feet from the property line. The second easement vacation involved vacating a portion of the storm sewer easement running north /south through the property, due to the fact that a portion of the building was located over the storm sewer pipe and easement. Per the attached correspondence from the City Attorney, the City has obtained and recorded permanent replacement easements for the relocated storm sewer pipe and for a rededication of the drainage (ponding) easement along the northerly part of the property. It is now appropriate for the City to complete the original vacation proceedings. The enclosed resolution, which was prepared by the City Attorney, completes the vacation proceedings. Staff recommends approval of the resolution. MOTION BY TO: 12 Lt =�L /l.,!'/? !d ' Review: Administration: Finance: • 11