HomeMy WebLinkAbout2009-11-03 Bonestroom Memo Re San Sewer & Water Service Connection & Draft Utility Connection Agreement ,.. 5' 6,
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Memorandumf jr Bonestroo
Project: 5565 Oakgreen Ave. N.
2335 Hlgnway 36 W
To: Eric Johnson —Sewer Service Date: 11/3/09 st.Paul,MN 55113
Tel 651-636-4600
From: Chris Long Client: Oak Park Heights Fax 651-636-1311
Re: 5565 Oakgreen Ave. N.—Sanitary Sewer&Water www.bonestroo.com
Service Connection File No: 000055-09000-0
Background:
The septic system at 5565 Oakgreen Avenue North is non-compliant with the MPCA
rules. The property owner, Evelyn Nordeen, has been ordered by the Washington
County Department of Public Health and Environment to abate the public health -
nuisance. The property cannot support a new septic system and the owner is
requesting a connection to the City's sanitary sewer system.
This report presents three options for connecting the Nordeen residence to the City's
sanitary sewer system, and the connection to the City's water main system. The
information presented here is the result of initial survey data, and meetings with City
staff, contractors, and Eric Nordeen, son of Evelyn Nordeen.
Sanitary Sewer City Connection Options (see attached Figure 1):
Option 1 —Gravity sewer connection to Oakgreen Place:
This option includes a 4"gravity sewer service from the existing septic service
pipe to the existing 8"VCP sanitary sewer pipe on Oakgreen Place. The sewer
service will require cleanouts and street patching on Oakgreen Place.
There is a drainage and utility easement located between the properties of
5527 Oakgreen Place and 5531 Oakgreen Place. Directionally drilling the
service is required due to the construction space limitations.
The sewer service will cross the existing waterlmain on Oakgreen Place.
Option 2— Forcemain connection to 56th Street North
This option includes a 2"forcemain with grinder pump and lift station from
the existing septic service pipe to the existing manhole located on 56th Street
North. The forcemain is required since a gravity sewer service is not feasible
to this manhole.
Core drilling the existing manhole on 56th Street North is required.
Disturbance to the street by the existing manhole is expected and patching is
required as shown on Figure 1.
The 2"forcemain will be within City right of way (R.O.W.). The forcemain will
cross the existing water main and may be in conflict with the construction of
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the future north-south forcemain shown in the City Comprehensive Sanitary
Sewer Plan.
Option 3—Gravity sewer connection along Oakgreen Avenue North
This option includes a 4"gravity sewer service from the existing septic service
pipe to a new 8"PVC sanitary sewer pipe along Oakgreen Avenue North. A
new manhole is required along Oakgreen Avenue North. Due to the depth of
the existing manhole at Oakgreen Place and Oakgreen Avenue, an inside drop
pipe is required.
Water Main Connection:
The water main service connection is required when connecting to the City sanitary
sewer system.The connection to the City water main shall be done by wet tap. The
service is to be directional drilled from the west side of Oakgreen Avenue North to the
home(see Figure 1). Trail removal and replacement is required at the connection to
the 12"City water main.
Cost Estimate(subject to actual pricing):
The estimated construction costs are divided into two parts, work within the Public
R.O.W. and work on the Private Property. Work within the drainage and utility
easement is considered within the R.O.W. costs.The breakdown of construction costs
per option is shown on the attached Appendix A.
The estimated costs for Work on Private Property are based on the general alignments
shown on the attached Figure 1, without regard to obstructions such as trees or other
structures.The property will have to get specific quotes from a licensed plumber.
The utility area charges are based on the 2009 fees and are shown on the attached
Appendix A. The property area of 5565 Oakgreen Avenue North and the adjacent
Outlot A to the south is 0.41 acres.
The total estimated engineering cost for each option is $5,000.
The total estimated costs for construction, utility area charges, and engineering are
shown below:
Total Costs
Option Total Construction Cost Total Utility Area Engineering Total Cost
Charges Cost
1 $25,773.00 $ 7,418.97 $ 5,000.00 $38,191.97
2 $30,855.00 $ 7,418.97 $ 5,000.00 $43,273.97
3 $34,012.00 $ 7,418.97 $ 5,000.00 $46,430.97
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Summary and Recommendations:
The total estimated construction cost for Option 1 is lower than Option's 2 and 3.
Option 2 requires pumping of the sewage which will require more maintenance.This
option has a higher probability of service interruption.A gravity connection will
eventually be required as the property to the northeast develops, and the 2"
forcemain will need to be abandoned. The future forcemain along Oakgreen Avenue
North will be on a separate system from the 2"forcemain service.
Option 3 is the most expensive due to the extension of the City sewer line and the
additional manhole required.This option also requires an inside drop pipe within the
28'deep existing manhole on Oakgreen Place.
Option 1, the gravity sewer to Oakgreen Place is recommended over Option 2 and 3
due to cost, and because a gravity sewer is preferred rather the pumped service for
Option 2. However, Option 1 does require working closely with the two property
owners at 5527 and 5531 Oakgreen Place.
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-- =OPTION 1
=OPTION 2
=OPTION 3
EXISTING WATER MAIN(TYP.) -- ,
5625
13980 139902" FM. DIRECTIONAL DRILL
1 7
0 13964GRINDER STATION / „el,
1
i ,' /
4" DIRECTIONAL DRILL
CORE DRILL INTO ----4"-- SEWER SERVICE
EXISTING MH 5565
‘, /
OPEN CUT/PATCH --
OPEN CUT/PATCH EX.TRAIL — -;4.7
WET TAP EXISTING 12"WATER MAIN. 1 ...._"( r,,'' 14. EXISTING 10'WIDE DRAINAGE
DIRECTIONALLY DRILL NEW MH AND UTILITY EASEMENT
1"WATER SERVICE INTO HOME. -,.."-- , \
t, 5519
13991 tY tk 5531 5527
13961 5523
4PVC
" "t
, - SEWER SERVICE
z
13966 13980 13992
_
oo '1
OPEN CUT/PATCH
5526 5518
CONNECT TO /4'1
EXISTING MH EXISTING SANITARY SEWER(TYP.)
13965 13983 WITH INSIDE
DROP PIPE 5471
5486 5492
N
i 5475
5479 5,
0 50 100
1;;Cli 5483 5487 5491
Nonmetal Scale In Feet
SEWER SERVICE OPTIONS FOR 5565 OAKGREEN AVE.
CITY OF OAK PARK HEIGHTS FIGURE: 1 Bonestroo
5565 OAKGREEN AVENUE NORTH SEWER SERVICE
SEWER SERVICE OPTIONS.DWG DATE: 10/29/2009 COMM: 55-09000-0
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APPENDIX A
COST ESTIMATE
5565 Oakgreen Avenue North— Sanitary Sewer and Water Service Connection
A. Construction Costs
Option 1:
Construction Type Work in R.O.W. Work on Private Total Construction Cost
Property
Sanitary Sewer $13,300.00 $1,260.00 $14,560.00
Water Service $3,650.00 $3,000.00 $6,650.00
Streets/Path $2,220.00 $0.00 $2,220.00
Subtotal $23,430.00
+10%Contingencies $2,343.00
Total Option 1 $25,773.00
Option 2:
Construction Type Work in R.O.W. Work on Private Total Construction Cost
Property
Sanitary Sewer $8,300.00 $10,400.00 $18,700.00
Water Service $3,650.00 $3,000.00 $6,650.00
Streets/Path $2,700.00 $0.00 $2,700.00
Subtotal $28,050.00
+10%Contingencies $2,805.00
Total Option L $30,855.00
Option 3:
Construction Type Work in R.O.W. Work on Private Total Construction Cost
Property
Sanitary Sewer $20,070.00 $2,000.00 $22,070.00
Water Service $3,650.00 $3,000.00 $6,650.00
Streets/Path $2,200.00 $0.00 $2,200.00
Subtotal $30,920.00
+10% Contingencies $3,092.00
TotalOption3. $34,012.00
B. Utility Area Charges
Utility Unit Quantity Unit Price Total Cost
M.E.T. Council S.A.0 Each 1 $ 2,000.00 $ 2,000.00
Sanitary Sewer Area Charge Acre 0.41 $ 1,983.00 $ 813.03
Water Main Area Charge Acre 0.41 $ 10,307.00 $ 4,225.87
Storm Sewer Area Charge Acre 0.41 $ 927.00 $ 380.07
Total Utility Area Charges = $ 7,418.97
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(Yee V
CITY OF OAK PARK HEIGHTS -,,
WASHINGTON COUNTY,MINNESOTA
UTILITY CONNECTION AGREEMENT
THIS AGREEMENT, made and entered into this day of November, ;!' by d
between the City of Oak Park Heights, a municipal corporation under the 1 s of e State of
Minnesota(the"City"),and Evelyn E .Nordeen Revocable Trust,(the"Qwn
WITNESSETH; That:
WHEREAS, the Owner has made application to the Ci 'tor connection to the City water
and sanitary sewer systems resulting form the failure of exis ing onsite septic systems on its
property;and
WHEREAS, the connection to the city sanitary sewer system will be regarded as a
temporary or interim connection at present which will need to be finalized when permanent
infrastructure is built by the City to Owner's lands; and
WHEREAS, Owner acknowledges that upon the City extension of permanent sanitary
sewer facilities to their property elements of the temporary connection that they will be
implementing under this agreement will need to be abandoned and replaced with a permanent
connection at a later date when permanent City utilities are extended;and
WHEREAS, Owner owns real property within the City of Oak Park Heights located at 5565
Oakgreen Ave North,the same being legally described as follows:
See Attached Exhibit A
{PID#0402920230066
(the"Subject Property"); and,
WHEREAS, the City pursuant to this agreement will issue necessary right of way permits
and related permits to allow for the temporary connection to the City's sanitary sewer systems all in
accordance with the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained,it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at Owner's expense by the
Owner as hereinafter provided are hereinafter referred to as "The Improvements".
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1. THE IMPROVEMENTS: The Owner will construct at Owner's expense the
following improvements upon the subject property under plans to be approved by
the Public Works Department of the City according to the following terms and
conditions:
A. The Owner shall only be permitted to core drill a sanitary sewer service
line from the home to the manhole located in 56th Street at a location approved by
the City Engineer. The Owner shall utilize owner's forces to complete all work to
the full satisfaction of the City's Director of Public Works and following City and
regulatory guidelines for plumbing installations. All work shall be completed by
business with current licensing by the State of Minnesota to perform such wor. ,.
Copies of the approved plans shall be annexed hereto as Eexhibit A ands
incorporated by reference herein. `'
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,
B. The Owner shall immediately connect to the City's water utility1; terns
and close existing wells on the property and shall provide full documentati of
such well closure to the City. The Owner, or shall utilize owner's •ces to
complete all work to the full satisfaction of the City's Director of $ c Works
and following statutory guidelines for plumbing installations. All 'kip
shall be
completed by by business with current licensing by the State^of Minesota to
perform such work. r
4/kV
C. The City shall not be responsible for any m inter'trice° quirements of this
water service line. The water service line in its entir fr�m the home to the water
service main, including the connection, shall be the res sibility of the Owner or
any subsequent owners,
D. As needed Owner shall do on:--site grading, sodding of boulevards,
restoration of streets, curbing and related facilities all in accordance with the
approved plan. Any changes to the plan during construction must be submitted to
the City for approval-, failure to do so voids any and all permits issued for this
project.
E. These improvements shall be temporary and will be removed when the City
constructs a permanent sanitary sewer line in Oakgreen Ave North in proximity to
Owners property. At that time Owner, or its assigns and hieirs shall, upon demand
of the City, remove the temporary pipe and connect sanitary sewer service to the
future permanent sanitary sewer facility at their exclusive cost. Maintenance
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expenses for the interim or temporary line constructed as part of this improvement
shall be Owners exclusive responsibility and include all aspects of the sanitary
service line from the point of connection in the manhole to the home.:
F. The Owner shall not locate its construction equipment within the right-of-
way of Oakgreen Avenue North unless specifically permitted by the City of Oak
Park Heights
G. The Owner shall be responsible for maintaining the location of and
protecting curb stops, water services and sewer services. Any service or curb stop
damaged shall be repaired or replaced as specified by the City. The Owner shall
make all necessary adjustments to the curb stops to bring them flush with the topsoil x
(after grading) or driveway surface. The City is not responsible for damaged curb-
stops or other private infrastructure.
H. Warranty of Title.
By its execution hereof Owner hereby warrants and represents that'll hAs
exclusive and marketable fee title to the subject property. Owner further `vari'an'ts
and represents that there are no liens or encumbrances against the title that it is
fully authorized to execute this agreement as the fee owner of the ru�jecf Yards.
} e leak
I. Utility Locations in City Right of Way. 3
In order to maintain compliance with regulations promtalg ted from the
Minnesota Office of Pipeline Safety the Owner, its contrators,
subcontractors, and agents shall comply with the following requirements:
1. All right of way work shall require an application with a plan that
shall be submitted for city review prior to any work performed in
the right of way areas.
2. The layout of utilities,including depths,off-sets and materials shall
be documented during construction and confirmed with city staff
during the installation process.
3. The Single family residential site are required to submit an
accurate tie card showing the utilities installed and measurements
from fixed objects(corner of house,fire hydrants, etc.)to the curb
stop, location pins,clean outs and tie in points for all utilities.
4. All installations will require pins be installed directly above all
utility lines where they cross lot lines. A corrosion protected trace
wire shall be installed six inches below final grade directly above
all new utility installations at a minimum through the right of way.
The trace wire and tail shall be terminated in a capped vertical
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conduit that is within two inches of the final grade and pin located
at the lot line.
5. The Owner shall hold harmless and indemnify the City of Oak Park
Heights from any and all loss or damage resulting from its failure
to comply with these requirements including but not limited to
expenses the City incurs in correcting errors in information
provided by Owner its agents or contractors or remediating
problems resulting there from in the right of way.
2. DESCRIPTION OF THE IMPROVEMENTS AND ESTIMATED COST
Project Costs-Estimated Owners Expense
ESCROW REQUIREMENT $
3. CONSTRUCTION OF THE IMPROVEMENTS.
A. Construction. The construction, installation, materials and euipment shall
be in accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having jurisdiction.
C. That prior to the City issuing permits and allowing the installation of
"The Improvements Owner shall deposit with the City of Oak Park Heights,
total of$10,000.00,(ten-thousand dollars)
to secure the timely and correct installation of the improvements.
Schedules the installation shall be controlled by the City Public Works
Director. The City Engineer shall have approval over the methods of
construction and installation of"The Improvements". The City may use the
escrowed funds in the event of default to complete the improvements=
otherwise these funds shall be refunded.
D. Connection Charges. All connection charges and fees shall be paid
by Owner. The City Engineer shall compute the connection fee as
prescribed by ordinance/resolution as to this development and advise
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the City Clerk as to the appropriate fee to be collected. Connection
fees for all lots and blocks are due and payable upon execution of
this agreement and are as follows:
Sanitary Sewer $ 813.03
Water $ 4225.87
Storm Sewer $380.00
The City will accept payment of one-half of the water connection
fee by the Owner and will allow payment of the other one-half
within 12 months. Should the Owner not make this subsequent
payment,the Owner does agree to waive rights to hearing and
notices otherwise provided under Minn. Stat. 429.031; 429, 061
and 429.081 allowing the City to place an assessment on Owner's
property(collectable with the real estate taxes) for the amounts i \,,,,-.7 f,
owed. The Owner does hereby waive any rights to challenge,
`- ,
contest or dispute this assessment •'
E. The Owner shall pay to the City a$2,000 MET Council SA ..
Charge -One Unit. The City shall subsequently convey these futthe
Metropolitan Council (MET Council). The Owner is responsible 11 `
MET Council fees and charges.
).
F. Binding Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives, successors and
assigns of the parties hereto and shall be binding upon all future owners of
all or any part of the property and shall be deemed covenants running with
the land. References herein to Owner, if there be more than one, shall mean
each and all of them. The Agreement, at the option of the City, shall be
placed on record so as to give notice hereof to subsequent purchasers and
encumbrances of all or any part of the property and all recording fees,if any,
shall be paid by the Owner.
G. Administrative and Miscellaneous Expenses. As to any and all
administrative, legal or engineering costs which the Owner is expected to
pay to the City of Oak Park Heights, which costs may be offset against the
Escrow which the Owner has filed and provided to the City of Oak Park
Heights, the Owner shall be given the opportunity to review and comment
on such costs prior to the application by the City of Oak Park Heights for the
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payment of same.
H. Establishment of Construction Schedules. The City Engineer shall
establish construction schedules for "The Improvements" and shall consult
with Owner prior to establishing same.
I. Notice/Remedies on Default or Violation of
this Agreement
1. Whenever any event of default or failure to conform to the terms and
conditions of this Agreement occurs, the City shall give written notice of the event
of default or failure to perform to the Owner by United States Mail at the
following address:
If to Owner: Evelyn E.Nordeen Revocable Trust
Attn:
If to City: CITY OF OAK PARK HEIGHTS
14168 Oak Park Blvd
Oak Park Heights,Minnesota 55082
Attn: City Administrator
With a copy to: Eckberg,Lammers, Briggs,
Wolff& Vierling, P.L.L.P.
1809 Northwestern Avenue,
Suite 110
Stillwater, Minnesota 55082
Attn: Mark Vierling
2. Except as otherwise provided in this Agreement, if the Owner, its
assignees and/or any other Lot Owner fails to cure the event of default or failure to
perform within 5 days after the date of the DELIVERED OR mailed notice or fails
to undertake said cure and diligently pursue the same if it cannot reasonably be
done within said 10 day period, in addition to any other remedy provided in this
Agreement and without waiver of any such right, the City may, after providing
written notice of default to the Owner, accelerate all obligations owed by Owner
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to the City as provided herein and avail itself of any or all of the following
remedies for as long as the Owner and/or any other Lot Owner is in default.
a. Halt all work and construction of development improvements on the SITE
of the defaulting Lot Owner until such time as the event of default is cured.
b. Refuse to issue building permits or occupancy permits as to the Lot of the
defaulting Lot Owner until such time as the event of default is cured.
c. Apply to a court of competent jurisdiction to enjoin continuation of the
event of default.
d. If the event of default is a failure of the Owner to complete, construct,
install or correct "THE IMPROVEMENTS" in accordance with the plans and
specifications under this Agreement, the City may perform such construction or
work and the Owner shall reimburse the City for its expenses incurred. This
provision shall be a license granted by the Owner and/or any other Lot Owner to
the City to so act, but shall not require the City to take any such action. This
remedy is in addition to and not in lieu of the City's right to draw on the
ESCROW.
IN WITNESS WHEREOF, the City and Owner have caused this Agreement to be duly
executed on the date and year first above written.
CITY OF OAK PARK HEIGHTS
Eric Johnson
City Administrator
Evelyn E.Nordeen Revocable Trust
Evelyn E.Nordeen,Trustee
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BY:
Evelyn E.Nordeen
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this day of , 2009 before me a Notary Public, within and for
said County personally appeared David Beaudet and Eric Johnson, to me personally known, being
each by me duly sworn did say that they are respectively the Mayor and the Administrator of the
City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that
the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument
was signed and sealed on behalf of said municipal corporation by authority of its City Council and
said Mayor and Administrator acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this day of , 2009, before me a Notary Public, within and for
said County personally appeared Evelyn E. Nordeen, and to me duly sworn did say that she is the
Trustee of the Evelyn E. Nordeen Revocable Trust , named in the foregoing instrument, and that
said instrument was signed and sealed on behalf of the Evelyn E. Nordeen Revocable Trust said
Trustee acknowledged said instrument to be the free act and deed of said trust.
Notary Public
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THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
&Vierling,P.L.L.P.
1835 Northwestern Avenue
Stillwater,MN 55082
(612)439-2878
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