HomeMy WebLinkAbout#28 - Whistling Valley Street and Utility Project Public Improvement HearingDATE: December 7, 2021
PUBLIC HEARING
AGENDA ITEM: Public Improvement Hearing: Resolution Ordering the Improvement for the
Whistling Valley Street and Utility Improvements
SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: The City Council is respectfully requested to open the Public Improvement
Hearing for the Whistling Valley Street and Utility Improvements; and following the Hearing, consider adopting a Resolution Ordering the Improvements (4/5th vote required). BACKGROUND: The Whistling Valley Street and Utility Improvement project includes the extension of public watermain from 10th Street North (CSAH 10) into and throughout the Whistling Valley neighborhood to provide clean drinking water to 42 residential properties along 10th Street Lane, Whistling Valley Road, and Whistling Valley Trail. Watermain will be installed through directional drilling to minimize impacts to the streets and boulevards. Individual water service stubs will be installed to the edge of right-of-way at each of the 37 platted properties, and connected to the private HOA owned watermain that provides water service to the remaining 5 properties. Following the watermain installation, street and drainage improvements will be completed including the removal and replacement of the bituminous surface
and 6-inches of aggregate base material while leaving the exiting curb and gutter in place. The existing D412 concrete curb and gutter was found to be a good condition, therefore only curb and gutter sections found to be cracked or damaged will be replaced. Leaving the existing curb also minimizes construction
and drainage impacts to the neighborhood and maintains the urban section roadways at the existing 24-foot widths. Ribbon curb will be installed along the 22-foot-wide rural street segments to provide better edge protection and creating a 24-foot-wide reconstructed street.
As part of the Grant Agreement with the MPCA, all households in the development, regardless of Health Based Values (HBVs), are eligible to connect to municipal water and all households that connect to city water must have the private wells properly sealed and abandoned as part of the project and within the timeframe of the grant agreement. To implement these State requirements for the project the city intends to levy assessments for the public watermain, and the street and storm sewer improvements in accordance with the city’s Special Assessment Policy and current practices. Each property that connects to city water must abandon all private wells, unless exempted by the MPCA as a monitoring well, within one year after water service is made available and following written notice from the city to connect. Once the private improvements are completed, the public watermain, and street and storm sewer improvement assessments levied for this project will be fully or partially reduced based on the grant amount applied by the state. In order to assess all or a portion of the improvements, the city has prepared a feasibility report as required by the statutory process for public improvements that are specially assessed. The feasibility report has been
completed and provides the scope of recommended improvements; estimated project costs; identifies easement and right-of-way, permits and other requirements needed to implement the improvements; recommends whether the improvements should be best made as proposed or in connection with some other
improvement; and advises that the improvements are necessary, cost effective, and feasible. The report also includes a preliminary assessment roll for each of the benefitting properties based upon the city’s Special Assessment Policy for Local Improvements.
PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429.011 to 429.111, a Public Improvement Hearing was noticed for December 7, 2021, to consider making the improvements necessary to extend municipal water into the Whistling Valley subdivision and to reconstruct the streets
along 10th Street Lane, Whistling Valley Road, and Whistling Valley Trail. The attached notice was published in the official newspaper and individual notifications were sent to each address that will be wholly or partially assessed for the improvements.
A feasibility report was adopted by the City Council on October 19, 2021 in order to ready these improvements for 2022 construction. The total estimated cost of the improvements is $3,664,000. This includes $1,320,000 for the public watermain improvements, $1,725,000 for the street and drainage improvements, and $619,000 for the private water service connections/well sealing improvements. The proposed public watermain assessment is $31,500 for each of the 42 residential properties based on assessing 100% of the public watermain improvements on a per REC basis. The proposed street and storm sewer assessment is $12,400 for each of the 42 residential properties with direct access to the improved roadways. This unit assessment is based on assessing 30% of the street and storm sewer costs on a per unit basis. Assessments for street and drainage improvements will be levied over a 15-year period. Assessments for new watermain improvements will be levied over a 20-year period. All assessments that are not waived
and removed from the property will be charged an interest rate of 1% over the bond rate for the project. In addition, the plans and specifications were approved by the city council and contractor bids will be
received on December 8, 2021. Once received, bids may be held for up to 60 days providing the option to present Council with an award recommendation at a future council meeting up the second meeting in January. A project schedule for the improvement is attached and outlines the implementation timeframe for
construction in 2022. FISCAL IMPACT: The total estimated project cost is $3,664,000. The improvements will be funded primarily through a grant from the MPCA under the 2018 3M Settlement Agreement, in the amount of $3,660,000, and in accordance with the terms of the MPCA-Lake Elmo Grant Agreement dated April 2, 2021. Special assessments will be levied, and general city funds will be considered to cover costs incurred outside the grant agreement terms. The city will contract for the public watermain, and street and storm sewer improvements located within the public right-of-way, make payment to the contractors and submit invoices for reimbursement through the MPCA Grant. The City intends to use fund reserves for the public improvements to pay the up-front project costs and to cover any city cost participation. Project invoices will be periodically submitted to the MPCA for grant reimbursement in accordance with the terms of the grant agreement. The private water service connection and well sealing work will be contracted separately by each individual property owner.
Eligible private property costs will be paid from the MPCA Grant on a reimbursement basis through the city. This reimbursement applies to the contractor costs to install the water service line from the right-of-way to the home connection, the costs to abandon the private well(s) on the property, and all permit fees
including a $3,000 Water Availability Charge (WAC), a $1,000 Water Connection Charge, a $1,040 Meter Fee, and a $60 Plumbing Permit Fee. If the property currently has a granular activated carbon (GAC) treatment system, the removal of the system from the home will also be reimbursed.
RECOMMENDATION: Staff is recommending that the City Council adopt a Resolution Ordering the Improvements (4/5th vote required) for the Whistling Valley Street and Utility Improvements as outlined in the Feasibility Report approved on October 19, 2021. The recommended motion for this action is as follows:
“Move to adopt Resolution No. 2021-140 Ordering the Improvements (4/5th vote required) for the
Whistling Valley Street and Utility Improvements as outlined in the Feasibility Report approved on October 19, 2021.”
ATTACHMENTS: 1. Resolution Ordering the Improvements for the Whistling Valley Street and Utility Improvements. 2. Notice of Hearing on Improvement.
3. Preliminary Assessment Roll and Exhibit. 4. Location Map. 5. Proposed Improvements Exhibit.
6. Project Schedule.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2021-140 A RESOLUTION ORDERING THE IMPROVEMENT FOR THE WHISTLING VALLEY STREET AND UTILITY IMPROVEMENTS
WHEREAS pursuant to City Council resolution, adopted on October 19, 2021, the Council ordered a hearing on improvement for the for the Whistling Valley Street and Utility Improvements; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 7th day of December 2021, at which all persons desiring to be heard were given the opportunity to be heard thereon; and
WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated October 2021 states that the project is necessary, cost-effective, and feasible.
NOW, THEREFORE, BE IT RESOLVED,
1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated October 2021. 2. Such improvement is hereby ordered as proposed in the council resolution adopted this 7th day of December, 2021. 3. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax-exempt bonds. 4. The City Engineer is hereby designated as the engineer for making this improvement. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTH DAY OF DECEMBER, 2021.
CITY OF LAKE ELMO
By: __________________________ Charles Cadenhead (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk
CITY OF LAKE ELMO NOTICE OF HEARING ON IMPROVEMENT
WHISTLING VALLEY STREET AND UTILITY IMPROVEMENTS
Notice is hereby given that the City Council of Lake Elmo will conduct a public hearing on Tuesday, December 7, 2021, at or approximately after 7:00 PM to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011
to 429.111:
The extension of municipal water into the Whistling Valley subdivision to replace individual private wells along 10th Street Lane North, Whistling Valley Road North, and Whistling Valley Trail North to provide clean drinking water to each of the 42 properties
homes adjacent to the new watermain, including a water service stub to the public right-
of-way. Following the watermain installation, street and drainage improvements will be completed along the following public streets:
• 10th Street Lane North, from 10th Street (CSAH 10) to Whistling Valley Trail.
• Whistling Valley Road North.
• Whistling Valley Trail North.
The area proposed to be assessed for the watermain improvements include each of the 42 properties located along 10th Street Lane North, Whistling Valley Road North, and Whistling Valley Trail North that will be receiving access to connect to city water; and the area proposed to be assessed for the street and storm sewer improvements include each of the 42 properties that gain direct driveway access from the above referenced
streets to be improved as part of this project. The estimated total cost for the project is $3,664,000; consisting of $1,320,000 for the public watermain improvements, $1,725,000 for the street and drainage improvements, and $619,000 for the private water service connections/well sealing improvements. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desiring to be heard with
reference to the proposed improvements will be heard at this meeting. DATED: October 19, 2021
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Charles Cadenhead, Mayor
(Published in the Stillwater Gazette on October 22, 2021 and October 29, 2021)
CITY OF LAKE ELMO, MN.OCTOBER, 2021WHISTLING VALLEY STREET AND UTILITY MPROVEMENTSPRELIMINARY ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPIDTOTAL ASSESSMENTSTREET AND DRAINAGE ASSESSMENTWATERMAIN ASSESSMENT1 COTTER DAREN & SARAH 9360 WHISTLING VTRL PO BOX 25064 2702921340014 $43,900 $12,400 $31,5002 BRENNAN THOMAS F & SHARON A 9440 WHISTLING VTRL 9440 WHISTLING VATRL LAKE ELMO MN 55042 2702921340011 $43,900 $12,400 $31,5003 MAUER WILLIAM M & STEPHANIE M 9445 WHISTLING VTRL 9445 WHISTLING VATRL LAKE ELMO MN 55042 2702921340009 $43,900 $12,400 $31,5004 SHERWOOD JOHN M & REBECCA M 9480 WHISTLING VTRL 8480 WHISTLING VATRL LAKE ELMO MN 55042 2702921340010 $43,900 $12,400 $31,5005 REGAN DANIEL O & KORIE M 9485 WHISTLING VTRL 800 LASALLE AVE STE 1610 MINNEAPOLIS MN 55402 2702921340008 $43,900$12,400 $31,5006 BOYD DIANE J 9520 WHISTLING VTRL 9520 WHISTLING VATRL LAKE ELMO MN 55042 2702921430008 $43,900 $12,400 $31,5007 LAUMEYER JENNIFER & BRIAN 9525 WHISTLING VTRL 9525 WHISTLING VATRL LAKE ELMO MN 55042 2702921420005 $43,900 $12,400 $31,5008 PETER JOHN DONOVAN REV TRS 9550 WHISTLING VTRL 9550 WHISTLING VATRL LAKE ELMO MN 55042 2702921430016 $43,900 $12,400 $31,5009 KACZMARCZIK JAMES M & ELOISE J MAKI 9581 WHISTLING VTRL 211 FERNDALE ST MAPLEWOOD MN 55119 2702921420006 $43,900 $12,400 $31,50010 LAWIN TIMOTHY P & LISA M 9590 WHISTLING VTRL 9590 WHISTLING VATRL LAKE ELMO MN 55042 2702921420012 $43,900 $12,400 $31,50011 ZHANG HAIYAN & SHEN WEILI 9593 WHISTLING VTRL 9593 WHISTLING VATRL LAKE ELMO MN 55042 2702921420007 $43,900 $12,400 $31,50012 SCHUMACHER DAVID G & MICHELLE M 9607 WHISTLING VTRL 9607 WHISTLING VATRL LAKE ELMO MN 55042 2702921420008 $43,900 $12,400 $31,50013 ALLEN GREGORY D & JANE E 9620 WHISTLING VTRL 9620 WHISTLING VATRL LAKE ELMO MN 55042 2702921420011 $43,900 $12,400 $31,50014 LIVERINGHOUSE JOHN D & SARAH J M 9650 WHISTLING VTRL 9650 WHISTLING VATRL LAKE ELMO MN 55042 2702921420010 $43,900 $12,400 $31,50015 DIANA LYNN HIPPLE TRS 9682 WHISTLING VTRL 9682 WHISTLING VATRL LAKE ELMO MN 55042 2702921420009 $43,900 $12,400 $31,50016 JOHNSON JOHN R & JULIE M S 9530 10TH ST N 9530 10TH ST N LAKE ELMO MN55042 2702921340002 $43,900 $12,400 $31,50017 PANEK THOMAS G & GALE A 9601 WHISTLING VRD 9601 WHISTLING VARD LAKE ELMO MN 55042 2702921430014 $43,900 $12,400 $31,50018 EDEBOL JOHANNES & ASHLEY M ZILLES 9605 WHISTLING VRD 9605 WHISTLING VARD LAKE ELMO MN 55042 2702921430015 $43,900 $12,400 $31,50019 MYEROFF CHAD & ANDREA GOLDSTEIN 9606 WHISTLING VRD 9606 WHISTLING VARD LAKE ELMO MN 55042 2702921430009 $43,900 $12,400 $31,50020 WESTBY TODD N & HEIDI M 9611 WHISTLING VRD 9754 WHISTLING VARD LAKE ELMO MN 55042 2702921430013 $43,900 $12,400 $31,50021 WESTBY TODD N & HEIDI M 9615 WHISTLING VRD 9754 WHISTLING VARD LAKE ELMO MN 55042 2702921430012 $43,900 $12,400 $31,50022 BENNETT COLE A & ELIZABETH E 9621 WHISTLING VRD 19708 CHAGRIN BLVD LAKE ELMO MN 55042 2702921430011 $43,900 $12,400 $31,50023 TANDON ROHIT & MONA 9634 WHISTLING VRD 9634 WHISTLING VARD LAKE ELMO MN 55042 2702921430010 $43,900 $12,400 $31,50024 HOLY CHRISTIAN CHURCH INTERNATIONAL 9654 WHISTLING VRD 125 STEVENS ST W LAKE ELMO MN 55042 2702921420013 $43,900 $12,400 $31,50025 TORGERSON PAUL M & REBECCA L 9676 WHISTLING VRD 9676 WHISTLING VARD LAKE ELMO MN 55042 2702921420014 $43,900 $12,400 $31,50026 ROXANE L BECKEN REV TRS 9703 WHISTLING VRD 9703 WHISTLING VARD LAKE ELMO MN 55042 2702921410008 $43,900 $12,400 $31,50027 SANDERS JEFFREY & JULIE 9706 WHISTLING VRD 9706 WHISTLING VARD LAKE ELMO MN 55042 2702921410009 $43,900 $12,400 $31,50028 RICHARD WILLIAM P & KAREN R 9714 WHISTLING VRD 9714 WHISTLING VARD LAKE ELMO MN 55042 2702921410010 $43,900 $12,400 $31,50029 SEELHAMMER TODD G & CRYSTAL D 9717 WHISTLING VRD 9717 WHISTLING VARD LAKE ELMO MN 55042 2702921410007 $43,900 $12,400 $31,50030 DAHL GREG & TAMMY LYONS DAHL 9726 WHISTLING VRD 9726 WHISTLING VARD LAKE ELMO MN 55042 2702921410011 $43,900 $12,400 $31,50031 ESTER TYSON P & ELIZABETH C 9729 WHISTLING VRD 9729 WHISTLING VARD LAKE ELMO MN 55042 2702921410006 $43,900 $12,400 $31,50032 EDER BRIAN J & GRETTA 9740 WHISTLING VRD 9740 WHISTLING VARD LAKE ELMO MN 55042 2702921410012 $43,900 $12,400 $31,50033 DEAGAZIO WILLIAM J & MARY G 9745 WHISTLING VRD 9745 WHISTLING VARD LAKE ELMO MN 55042 2702921410005 $43,900 $12,400 $31,50034 WESTBY TODD N & HEIDI M 9754 WHISTLING VRD 9754 WHISTLING VARD LAKE ELMO MN 55042 2702921410013 $43,900 $12,400 $31,50035 JOHAN E RUST REV TRS & MAGDALENA L RUST REV TRS 9768 WHISTLING VRD 20816 4TH AVE W CUDJOE KEY FL 33042 2702921410014 $43,900 $12,400 $31,50036 MATHEWS DONA L 9776 WHISTLING VRD 1027 LAVERNE AVE N LAKE ELMO MN 55042 2702921410015 $43,900 $12,400 $31,50037 ST GERMAIN CHAD J 9788 WHISTLING VRD 9788 WHISTLING VARD LAKE ELMO MN 55042 2702921440016 $43,900 $12,400 $31,50038 POUNDS ROBERT B & LAURELLA A 9799 WHISTLING VRD 2442 LONE EAGLE TRL WOODBURY MN 55129 2702921440015 $43,900 $12,400 $31,50039 SOLFELT REV TRS 9811 WHISTLING VRD 9811 WHISTLING VARD LAKE ELMO MN 55042 2702921440014 $43,900 $12,400 $31,50040 BARTELS KURT & SHERRY 9819 WHISTLING VRD 9819 WHISTLING VARD LAKE ELMO MN 55042 2702921440013 $43,900 $12,400 $31,50041 MANICKA YATHEENDHAR D & NISHA Y 9829 WHISTLING VRD 10544 HAWTHORN TRL SAINT PAUL MN 55129 2702921440017 $43,900 $12,400 $31,50042 BRAUN SHARON B & WILLIAM H 9831 WHISTLING VRD 9831 WHISTLING VARD LAKE ELMO MN 55042 2702921440012 $43,900 $12,400 $31,500TOTALS $1,843,800 $520,800 $1,323,000ADDRESS MAILING ADDRESS
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REMOVE AND REPLACESTORM SEWERLEGENDCURB AND GUTTER REPLACEMENT TYPE MNDOTD412. LOCATIONS TO BE MARKED BY ENGINEERNEW 24" RIBBON CURBNEW WATER MAINBITUMINOUS PAVEMENT AND AGGREGATEBASE REPLACEMENTI0feetscale10020010050FILE NO.DATE: WHISTLING VALLEY STREET AND UTILITY IMPROVEMENTS LAKE ELMO, MN.16159510-8-211WHISTLING VALLEY ROAD WHISTLING VALLEY ROAD PROPOSED IMPROVEMENTS
PROJECT SCHEDULE
CITY OF LAKE ELMO
WHISTLING VALLEY STREET AND UTILITY IMPROVEMENTS
PROJECT NO. 2020.123
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
APRIL 6, 2021 Council Approves MPCA Grant Agreement.
JULY 6, 2021 Council orders preparation of Feasibility Report and Design Phase Services.
OCTOBER 19, 2021 Presentation of Feasibility Report. Council accepts Report and calls for
Improvement Hearing. Council approves Plans and Specifications and orders
Advertisement for Bids.
DECEMBER 7, 2021 Public Improvement Hearing. Council Orders the Improvement (4/5th Vote).
DECEMBER 8, 2021 Project Bid Date: Receive contractor bids.
DECEMBER 21, 2021 Council accepts Bids and awards Contract.
or JANUARY 4, 2022 (bids may be held for 60 days)
or JANUARY 18, 2022
MARCH, 2022 Conduct Pre‐Construction Meeting and issue Notice to Proceed.
OCTOBER 14, 2022 Substantial Completion.
NOVEMBER 25, 2022 Final Completion.
*Final Assessment Hearing Schedule TBD