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
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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
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•' 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.
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1 1111111 1 111 f
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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.)
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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
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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
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040 73PR1
612 6361311 07/11 /97 15: U8 Cy :04 NO: (i!6
FAX NO.# 612 $31 6116 07.0 * -07 $1136P Pi02
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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
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Exhibit A-1
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...... ...... .
.... ......
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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