ITEM 5.3 Valerius Meadows401
Otsego
MINNESOTA
7=1ar-IR-40 kyi1:4 1, 111 d IkiWi7 7IT, /_1IIf] L1I
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Public Works
City Engineer Wagner
April 25th, 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Engineer Wagner
City Finance Director Flaherty
5.3
AGENDA ITEM DETAILS
RECOMMENDATION:
City Staff recommends approval of agreement for installation of drain tile to promote drainage of a 70th
St storm pond and a low area of Valerius Meadows.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No I No
BACKGROUND/JUSTIFICATION:
City Staff met with Mary Valerius, Allan Valerius and Merlin Valerius on Friday, April 15th at 5 pm. The
meeting discussed the City's proposed resolution to an apparent broke or plugged drain tile located
within Valerius Meadows. Staff explained that the City would, at their cost, install an 8" solid plastic
drain tile from the 70th St pond to an outlet within Merlin Valerius's property. The location would follow
just west and very close to the original drain tile. The construction would occur as soon as possible so as
to allow for planting for this season. Staff explained that once construction was complete, the land
owners would own the drain tile. This would allow them complete access to use the drain tile as they
see fit as long as it did not interrupt the draining of the 70th St storm pond. It would also negate the
need to encumber their property with a drainage and utility easement over the drain tile. The Valerius's
were concerned lateral drain tiles may be cut with the installation of the new drain tile. Staff stated any
laterals cut by the new drain tile would be repaired at no cost to the Valerius's. With all in agreement,
staff stated we would be presenting these options in an agreement between the City of Otsego and the
land owners and that we were currently asking the contractor for a price to complete the work. We
stated we would be sending over a formal agreement for the Valerius's to sign in the next few days. We
further stated, Council would likely take action on it at the next meeting and construction could start
soon so as to expedite the work. This would allow drainage of the affected area and planting could
begin soon after.
On April 20th, Mary Valerius emailed staff stating he could not agree to the conditions of the agreement.
The agreement has no new conditions from those discussed on April 15th in the field.
MNDOT has stated in writing that the work would be State Aid eligible.
A change order will be completed and brought for City Council approval at a future council meeting.
A quote for cost of the work was secured from the contractor and is $19,734.
SUPPORTING DOCUMENTS: X ATTACHED NONE
List:
Agreement Between City of Otsego and Valerius Property owners
w/ Redlines requested by Mary Valerius (to be distributed at meeting)
Plan Sheets of drain tile improvements
Quote from Contractor to complete work
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve an agreement between Valerius Meadows Trust and Merlin Valerius regarding the
installation of an 8" drain tile.
Motion to approve expenditure of $19,734 of State Aid funds on the 70th St project to install
approximately 1285' of 8" drain tile.
BUDGET INFORMATION
FUNDING: BUDGETED X YES
State Aid
NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
TEMPORARY EASEMENT AND AGREEMENT
For valuable consideration Valerius Meadows, Inc., a Minnesota Corporation (GRANTOR) hereby grants
to the City of Otsego, a Minnesota Municipal Corporation, (GRANTEE) a temporary easement for
excavation and construction purposes over, under and across the following described property in Wright
County, Minnesota:
See Exhibit A.
IT IS FURTHER AGREED between the Parties as follows:
1. GRANTEE shall construct over, under and across the described properties an approximately
1,085 foot eight (8) inch drainage line as set forth on Exhibit B. GRANTEE its officers, employees
agents, consultants and contractors shall be granted blanket easement to enter the properties
described in Exhibit A and construct the pipeline in the general location as set forth on Exhibit B.
It is understood that the location of the pipeline on said Exhibit B is conceptual in nature and
that the actual location may slightly deviate from this Exhibit based upon conditions found upon
the properties. GRANTEE will need a construction area of at least ten (10) feet on each side of
the path of the pipeline.
2. GRANTEE shall restore the property to acceptable condition, as close to the original condition as
possible. Once constructed, the pipeline shall become the property of the GRANTOR, subject
only to conditions as set forth in this Agreement.
3. GRANTOR shall maintain and repair the line in such condition that it can provide uninterrupted
flow of water discharged from GRANTEE's retention pond and the public drainage system.
4. GRANTOR hereby waives and forever discharges GRANTEE, its employees, officers, contractors,
consultants and agents and Wright County, its employees, officers, contractors, consultants and
agents from any and all claims or causes of action of whatever nature related to or arising from
the retention pond and the pipeline including its construction , operation and maintenance.
5. GRANTOR agrees to hold harmless and indemnify GRANTEE, its employees, officers, contractors,
consultants and agents and Wright County its employees, officers, contractors, consultants and
agents from any and all claims or causes of action of whatever nature related to or arising from
the retention pond and the pipeline, including its construction, operation and maintenance
except for the grossly negligent or intentional acts of GRANTEE or Wright County, their
employees, officers, contractors, consultants and agents.
6. GRANTEE shall have no responsibility for removal or repair of the existing tile drainage system
on GRANTOR's property, except that if installation of the pipeline affects an existing tile line
deemed to be a lateral, GRANTEE shall repair any damage to that lateral at no cost to GRANTOR.
7. This Agreement shall be assignable by GRANTEE to Wright County at such time as Wright County
assumes control of 70th Street.
Said temporary easement to expire on December 31, 2016.
GRANTOR
VALERIUS MEADOWS, INC.
Allen Valerius
Its Chief Executive Officer
GRANTEE
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT
Subscribed and sworn before me this _ day of April, 2016
by Allen Valerius, Chief Executive Officer of Valerius Meadows, Inc.
with authority.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Subscribed and sworn before me this _ day of April, 2016
By Jessica Stockamp, Mayor and Tami Loff City Clerk of the City of Otsego
With authority and on behalf of the City.
NOTARY PUBLIC
DRAFTED BY:
MacArthur Law Office, LLC
3601 Thurston Ave N.
Suite 103
Anoka, MN 55303
763-231-5850
TEMPORARY EASEMENT AND AGREEMENT
For valuable consideration Merlin R. Valerius (GRANTOR) hereby grants to the City of Otsego, a
Minnesota Municipal Corporation, (GRANTEE) a temporary easement for excavation and construction
purposes over, under and across the following described property in Wright County, Minnesota:
See Exhibit A.
IT IS FURTHER AGREED between the Parties as follows:
1. GRANTEE shall construct over, under and across the described properties an approximately 200
foot eight (8) inch drainage; line as set forth on Exhibit B. GRANTEE its officers, employees
agents, consultants and contractors shall be granted blanket easement to enter the properties
described in Exhibit A and construct the pipeline in the general location as set forth on Exhibit B.
It is understood that the location of the pipeline on said Exhibit B is conceptual in nature and
that the actual location may slightly deviate from this Exhibit based upon conditions found upon
the properties. GRANTEE will need a construction area of at least ten (10) feet on each side of
the path of the pipeline.
GRANTEE shall restore the property to acceptable condition, as close to the original condition as
possible. Once constructed, the pipeline shall become the property of the GRANTOR, subject
only to conditions as set forth in this Agreement.
3. GRANTOR shall maintain and repair the line in such condition that it can provide uninterrupted
flow of water discharged from GRANTEE's retention pond and the public drainage system.
4. GRANTOR hereby waives and forever discharges GRANTEE, its employees, officers, contractors,
consultants and agents and Wright County, its employees, officers, contractors, consultants and
agents from any and all claims or causes of action of whatever nature related to or arising from
the retention pond and the pipeline including its construction , operation and maintenance.
5. GRANTOR agrees to hold harmless and indemnify GRANTEE, its employees, officers, contractors,
consultants and agents and Wright County, its employees, officers, contractors, consultants and
agents from any and all claims or causes of action of whatever nature related to or arising from
the retention pond and the pipeline, including its construction, operation and maintenance
except for the grossly negligent or intentional acts of GRANTEE or Wright County, their
employees, officers, contractors, consultants and agents.
6. GRANTEE shall have no responsibility for removal or repair of the existing tile drainage system
on GRANTOR's property, except that if installation of the pipeline affects an existing tile line
deemed to be a lateral, GRANTEE shall repair any damage to that lateral at no cost to GRANTOR.
7. This Agreement shall be assignable by GRANTEE to Wright County at such time as Wright County
assumes control of 701h Street.
Said temporary easement to expire on December 31, 2016.
GRANTOR
Merlin R. Valerius
GRANTEE
CITY OF OTSEGO
Jessica Stockamp, Mayor
2
Tami Loff, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT
Subscribed and sworn before me this _ day of April, 2016
by Merlin R. Valerius, Grantor
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Subscribed and sworn before me this _ day of April, 2016
By Jessica Stockamp, Mayor and Tami Loff City Clerk of the City of Otsego
With authority and on behalf of the City.
NOTARY PUBLIC
DRAFTED BY:
MacArthur Law Office, LLC
3601 Thurston Ave N.
3
Suite 103
Anoka, MN 55303
763-231-5850
From: Scott Lekatz <slekatz e fehncompanies.com>
Date: 04/20/2016 4:10 PM (GMT-06:00)
To: Ron Wagner <RonWHAA-inc.com>
Cc: Brent Larson <brentl@HAA-inc.com>, 'Bret Schoen" <bschoengfehncompanies.com>,
Gary Fehn < fg ehna,fehncompanies.com>
Subject: RE: drain tile
Ron,
Proposed pond work as follows:
• Remove Existing Tee
• Install 2 Each Clean Out's
• Install Structure
• Install Drain Tile
• Connect Drain Tile to Structure
• Install Rodent Guard at End of Drain Tile
• Repair Disturbed Ring Filtration Area Sand & Topsoil
• Install Erosion Control Blanket with Seed at Disturbed Areas
Lump Sum... $19,734.00
Thanks,
Scott J. Lekatz
Estimator / Project Manager
Fehn Companies, Inc. ***PLEASE CHANGE YOUR RECORDS***
5050 Barthel Industrial Drive
Albertville, MN 55301 WE NO LONGER HAVE A P.O. BOX
(763) 497-2428 Office
(763) 497-3893 Fax
(763) 219-2011 Cell
slekatz fehncompanies.com www.fehncompanies.com
--- RIGHT OF WAY
PROPOSED ARTICULATED BLOCK PER
----- TEMPORARY SLOPE EASEMENT
_ __ _ PFPMANFNT FASFMFNT nr Iluc nvro GmC Gl Arrn IN 9ntr.
1
FRAM AND CASTING
ASSEMBLY M-11
(I.E. NEENAH R-4342 OR EQUIVALENT)
RIM ELEV = 942.0 27" DRAINAGE STRUCTURE DESIGN H
REMOVE TEE/WYE AND CUT PIPE
2.8,
8" CONCRETE BASE �� \�8" PERFORATED
PVC PIPE
\— INV. ELEV = 939.2
OVERFLOW STRUCTURE
30 0 30 80
SCALE IN FEET
DATE REVISION I hereby certffy that this plan, speoulcatlon, or report was fE M BY: SHEET
prepared by me or under my dlreat supervision and that I BML Hakanson Anderson Oftwo
T F POND GRADING
am a duly LT nsed Professional Engineer under the laws 9 Y 70TH STREET/CSAH 37 79exh OF
of the st of Mtn ota. gYMIBY: Civil En insets and Land Surve ors
DMS 3601 Thurston Ave., Anoka, Minnesota 55303 S.P. 217-112-002
art: 763-427-5860 FAX 763-427-0520 4a 98
Date 8/8/14 Lic. No. 45850 RJW WWW.hakanson—anderson.com t19 MS T S.P. 086-637-033 SHEETS
nTiffff
Date
Farmable
Climate
Aug-15
No
Wet
Oct-14
Yes
Dry
Sep-13
Yes
Normal
Jun-12
No
Wet
Apr-12
Yes
Normal
Apr-11
No
Wet
May-10
Yes
Normal
Jun-09
Yes
Dry
Jun-08
Yes
Normal
Sep-06
Yes
Normal
Mar-05
No
Normal
Dec-04
No
Wet
Sep-03
No
Normal
Apr-91
No
Wet
No = Wet or No Crop =7/14 = 50%
* Climate based on MN Climatology Working Group determination
Direction
Length (ft)
Start Elevation
End elevation
South
1285
939.2
935.67
West
1400
939.2
938.6
East
2100
939.2
935
North
900
939.2
936
Southwest
700
939.2
940
Slope in % Comments
0.27% Viable and where water goes now
0.04% Too flat and watershed change (Otsego Creek)
0.20% Too flat for directional drill, approx. 20' cut, much higher cost
0.36% Watershed change (Otsego Creek)
-0.11% Uphill & watershed change (Otsego Creek)
I
io
i 200 0 200 400
SCALE IN FEET
�gg_
-
a
I 1
Ii
� IF
um�
t ,r'
-
:
Hakanson Anderson
Civil Engineers and Land Surveyors
3601 Thurston Ave., Anoka, Minnesota 55303
763-427 5860 FAX 763 427-0520
www.hakonson—anderson.com
0
CITY to
MINNESOTA
EXISTING DRAINAGE AREA MAP SHEET
S.P. 217-112-002 AND S.A.P. 086-637-033 " OF
70TH STREET / CSAH 37 5
CITY OF. OTSEGO, MINNESOTA SHEETS
OT388
PRE-CCNSTRUCT�ON PCST-CCNISTRUCT�ON
C®C46 AC 0.097 AC (STREET
;, `f�a�ir`-'.t.-'�7�
�'���t�±��%'.,
=.ate. -.� F -3�.-• .�, > \
,,._., - _"t> `...a14"',;. -. =..-• t�z,r 'i', �. J. i..`. .C`i� _ �•iJ>�: ,�yy, �ytN. '� � �- - .. �..
c c+
5,�... -�,� ;,11 �r # A.,E t '�f Y�h'�t � W i,1r�Y�>J; ��-.',-+"•T'c�r. '���•`.1
t
iR
3
s1
rK ♦K. uF :x � � _ }- 3
vn
.•i
r _
.y, F
r•
it
J
e
-
m '• -
,
�Y` T
C
0.015 AC)
(�Y'--r t .
��Y.,.......1�.v
i._
7._�\
i o x
a
o -
z
x _
C C rC �I Hakanson Anderson TY OF PROPOSED DRAINAGE AREA MAP 53ET
so o so ao o Civil Engineers and Land su veyar5 0
S.P. 217-112-002 AND S.P. 086-637-033
3601 Thurston Ave., Anoka, Minnesot❑ 55303 t�fgo FLO 70TH STREET / CSAH 37scn e w FEE 763-427-5860 FAX 763-427-0520 www.hakanson—onderson.com MINNESOTCITY OF OTSEGO, MINNESOTA r
OT388