Loading...
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