HomeMy WebLinkAbout#18 - Whistling Valley Street and Utility Improvements STAFF REPORT
DATE: October 17, 2023
FINAL ASSESSMENT HEARING
AGENDA ITEM: Approve MPCA Grant Agreement; Adopt Final Assessment Roll for the Whistling Valley Street and Utility Improvements SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sarah Sonsalla, City Attorney Clarissa Hadler, Finance Director Marty Powers, Public Works Director Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: The City Council is respectfully requested to Approve the MPCA Grant Agreement Amendment #1; and consider holding is respectfully requested to hold a Public Hearing for the proposed assessments for the Whistling Valley Street and Utility Improvements. Following the hearing, should the City Council adopt the final assessment roll? BACKGROUND: On September 19, 2023, the City Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment, and calling for the hearing on proposed
assessment for the Whistling Valley Street and Utility Improvements. Mailed notice has been provided to each assessed property and notice of the public hearing has been published in the local paper.
Consistent with conditions outlined in the feasibility report and MPCA grant agreement, properties that opted not to connect to city water within the one-year timeframe will have special assessments for the public improvements imposed against the benefiting properties. Formal mailed notice, dated November 4, 2022
was sent to each property indicating that the public watermain was available for connection and that the property owner had one year to complete the water service connection and well abandonment work. The allocated one-year timeframe to meet this eligibility and to abate the public improvement assessments will expire on November 4, 2023. A reminder notice was sent on September 5, 2023. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429, the Council must
declare the amount to be assessed against the benefitting properties and the Hearing on the proposed Assessment for these Improvements must be held. Staff has attached a Final Assessment Roll which must be certified to the County Auditor by November 17, 2023. Properties that provide proof of connection to
city water and sealing of their private well by November 11, 2023 will be removed from the assessment roll prior to certifying the assessments to Washington County. There are 13 properties that completed the connection to city water and abandoned their private well(s) prior to the council declaring the costs to be assessed. Five (5) additional properties, including 9593
Whistling Valley Trail, 9620 Whistling Valley Trail, 9606 Whistling Valley Road, 9676 Whistling Valley Road, and 9729 Whistling Valley Road were removed from the assessment roll since the September 19, 2023 council meeting. The Final Assessment Roll has therefore been amended to remove these five
additional properties. Special assessments are levied in accordance with Minnesota Statutes Chapter 429 and consistent with the City’s Special Assessment Policy. Attached to this agenda report is a summary of the Estimated Total Project Costs showing the cost breakdown by infrastructure component and resulting unit assessment.
Based on the Estimated Final Project Cost at completion, the public watermain assessment is reduced from
$31,500 down to $28,300 per residential property, and the public street and storm sewer assessment is reduced from $12,400 down to $12,000 per residential property.
The street and drainage improvements will be levied over a 15-year period and the watermain assessments will be levied over a 20-year period. Assessments would be charged an interest rate of 4.75%. FISCAL IMPACT: The estimated total project cost for the public improvements $2,857,800; including $1,669,200 for the street, drainage and storm sewer improvements and $1,188,600 for the water system improvements. Of these costs, $372,000 will be specially assessed for street and drainage improvements and $877,300 will be specially assessed for watermain improvements. The remaining costs will be covered by grant funds from the 3M Settlement Grant Agreement for the project. MPCA GRANT AGREEMENT UPDATE/AMENDMENT: Throughout the course of the project, City staff has been working with the MPCA to seek an amendment to the Grant Agreement that would allow a property to be eligible for the public improvement portion of the Grant regardless of whether the property connected to City water or sealed the private well on the property. Following the latest meeting on October 10, 2023 the MPCA agreed to issue an amendment to the Grant Agreement that provides this flexibility.
Under Grant Agreement Amendment #1, attached to this agenda report, properties within the project service area that do not seal their private well will remain eligible for the public improvement portion of the project.
This provides the City Council the opportunity to not levy assessments for the public improvements as originally recommended (street and drainage improvements; and public watermain improvements). However, the provision will remain that properties that do not choose to seal their private well within the
timeframe of the agreement, will not be eligible for reimbursement for the private service connection costs. The Grant Agreement Amendment also extends the grant expiration date from December 31, 2023 to December 31, 2024 to cover the project warranty period. OPTIONS: 1) Approve the Grant Agreement Amendment #1 with the MPCA for the Whistling Valley Street and Utility Improvements; and Approve a motion to cancel all project assessments.
2) Approve the Grant Agreement Amendment #1 with the MPCA for the Whistling Valley Street and Utility Improvements; and Approve Resolution 2023-102 Adopting the Final Assessment Roll, or
as amended, for the Whistling Valley Street and Utility Improvements.
3) Do not approve the Grant Agreement Amendment #1 with the MPCA for the Whistling Valley Street and Utility Improvements; and Approve Resolution 2023-102 Adopting the Final Assessment Roll, or as amended, for the Whistling Valley Street and Utility Improvements. RECOMMENDATION: Staff is recommending that the City Council Approve the Grant Agreement Amendment #1 with the MPCA for the Whistling Valley Street and Utility Improvements; and Approve a motion to cancel all project assessments. The recommended motion for this action is as follows:
“Move to approve the Grant Agreement Amendment #1 with the MPCA for the Whistling Valley Street and Utility Improvements, and cancel all proposed assessments for the improvements.” ATTACHMENTS:
1. Resolution Adopting the Final Assessment Roll. 2. Notice of Hearing on Proposed Assessment. 3. Estimated Total Project Cost at Completion.
4. Final Assessment Roll. 5. MPCA Grant Agreement Amendment #1.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2023-102 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE WHISTLING VALLEY STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the Whistling Valley Street and Utility Improvements including street and drainage and watermain improvements along 10th Street Lane North,
Whistling Valley Road North, and Whistling Valley Trail North in the Whistling Valley subdivision. NOW, THEREFORE, BE IT RESOLVED,
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over 15 years for street
and drainage improvements and 20 years for watermain improvements, the first of the installments to be payable on or before the first Monday in January, 2024 and shall bear interest at the rate of 4.75 percent per annum from the adoption date of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2023. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time
thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected
and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTEENTH DAY OF OCTOBER, 2023. CITY OF LAKE ELMO By: __________________________ Charles Cadenhead
(Seal) Mayor ATTEST:
________________________________ Julie Johnson City Clerk
CITY OF LAKE ELMO
NOTICE OF HEARING ON PROPOSED ASSESSMENT
WHISTLING VALLEY STREET AND UTILITY IMPROVEMENTS
Notice is hereby given that the City Council of Lake Elmo will conduct a public hearing
on Tuesday October 17, 2023 at, or approximately after, 7:00 P.M. at Lake Elmo City
Hall to consider, and possibly adopt, the proposed assessment against abutting properties
for the Whistling Valley Street and Utility Improvements. Adoption by the Council of the
proposed assessment may occur at the hearing. The following describes the proposed
improvements and area(s) to be assessed:
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.
You may at any time prior to certification of the assessment to the county auditor on
November 17, 2023, pay the entire assessment on such property to the City Clerk with
interest accrued to the date of payment. No interest shall be charged if the entire
assessment is paid to the City Clerk prior to November 17, 2023. You may at any time
thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which such payment is made. Such
payment must be made before November 15 (for the assessment to be certified to County
Auditor) or interest will be charged through December 31 of the succeeding year. If you
decide not to prepay the assessment before the date given above the rate of interest that
will apply is 4.75 percent per year.
Once assessments are certified to the County, the assessments are payable in equal annual
installments extending over a period of 15 years for street and drainage improvements
and 20 years for watermain improvements, the first of the installments to be payable on
or before the first Monday in January 2024 and will bear interest at the rate of 4.75
percent per annum from the date of adoption of the assessment resolution. To the first
installment shall be added interest on the entire assessment from the date of the
assessment resolution until December 31, 2023. To each subsequent installment when
due shall be added interest for one year on all unpaid installments.
The proposed assessment roll is on file for public inspection at the City Clerk’s office.
The total street improvement amount to be assessed is $372,000. The total watermain
amount to be assessed is $877,300. The total project costs for the public watermain and
street reconstruction is $2,857,800. Written or oral objections will be considered at the
meeting. No appeal may be taken as to the amount of an assessment unless a written
objection signed by the affected property owner is filed with the municipal clerk prior to
the assessment hearing or presented to the presiding officer at the hearing. The Council
may upon such notice consider any objection to the amount of a proposed individual
assessment at an adjourned meeting upon such further notice to the affected property
owners as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes,
Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days
after the adoption of the assessment and filing such notice with the district court within
ten days after service upon the Mayor or Clerk.
The City Council is authorized in its discretion to defer the payment of an assessment for
any homestead property owned by a person for whom it would be a hardship to make
payment if the owner is 65 years of age or older and/or the owner is a person retired by
virtue of a permanent and total disability or by a person who is a member of the
Minnesota National Guard or other military reserves who is ordered into active military
service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s
military orders, for whom it would be a hardship to make the payments. The owner must
request a deferment of the assessment at or before the public hearing at which the
assessment is adopted and make application on forms prescribed by the City Clerk within
30 days after the adoption.
Notwithstanding the standards and guidelines established by the City for determining a
hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes
Section 435.193.
DATED: September 19, 2023
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Charles Cadenhead, Mayor
(Published in the Stillwater Gazette on September 22, 2023)
CITY OF LAKE ELMO
WHISTLING VALLEY NEIGHBORHOOD
PROJECT NO. 2020.123
Feasibility Report
Estimate of Cost
Final Project
(Estimate at Completion)
Total Project Cost $3,664,000 $3,558,800
Street Improvements $1,725,000 $1,669,200
Assessable Cost $517,500 $504,000
Assessed Parcels 42 42
Assessment Amount $12,400 $12,000
Watermain Improvements $1,320,000 $1,188,600
Assessable Cost $1,320,000 $1,188,600
Assessed Parcels 42 42
Assessment Amount $31,500 $28,300
Private Water Service Connections $619,000 $701,000
*MPCA Grant Amount is $3,660,000
CITY OF LAKE ELMO, MN. OCTOBER, 2023WHISTLING VALLEY STREET AND UTILITY MPROVEMENTSFINAL ASSESSMENT ROLLPAGE 1 of 1NO.NAMEPIDTOTAL ASSESSMENTSTREET AND DRAINAGE ASSESSMENTWATERMAIN ASSESSMENT1 BOYD DIANE J9520 WHISTLING VALLEY TRL 9520 WHISTLING VALLEY TRL LAKE ELMO MN 55042 2702921430008 $40,300 $12,000 $28,3002 LAUMEYER JENNIFER & BRIAN9525 WHISTLING VALLEY TRL 9525 WHISTLING VALLEY TRL LAKE ELMO MN 55042 2702921420005 $40,300 $12,000 $28,3003 PETER JOHN DONOVAN REV TRS9550 WHISTLING VALLEY TRL 9550 WHISTLING VALLEY TRL LAKE ELMO MN 55042 2702921430016 $40,300 $12,000 $28,3004 LAWIN TIMOTHY P & LISA M9590 WHISTLING VALLEY TRL 9590 WHISTLING VALLEY TRL LAKE ELMO MN 55042 2702921420012 $40,300 $12,000 $28,3005 SCHUMACHER DAVID G & MICHELLE M9607 WHISTLING VALLEY TRL 9607 WHISTLING VALLEY TRL LAKE ELMO MN 55042 2702921420008 $40,300 $12,000 $28,3006 LIVERINGHOUSE JOHN D & SARAH J M9650 WHISTLING VALLEY TRL 9650 WHISTLING VALLEY TRL LAKE ELMO MN 55042 2702921420010 $40,300 $12,000 $28,3007 DIANA LYNN HIPPLE TRS9682 WHISTLING VALLEY TRL 9682 WHISTLING VALLEY TRL LAKE ELMO MN 55042 2702921420009 $40,300 $12,000 $28,3008 JOHNSON JOHN R & JULIE M S9530 10THST LN N 9530 10THST LN N LAKE ELMO MN 55042 2702921340002 $40,300 $12,000 $28,3009 EDEBOL JOHANNES & ASHLEY M ZILLES9605 WHISTLING VALLEY RD 9605 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921430015 $40,300 $12,000 $28,30010 BENNETT COLE A & ELIZABETH E9621 WHISTLING VALLEY RD 9621 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921430011 $40,300 $12,000 $28,30011 TANDON ROHIT & MONA9634 WHISTLING VALLEY RD 9634 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921430010 $40,300 $12,000 $28,30012 HOLY CHRISTIAN CHURCH INTERNATIONAL9654 WHISTLING VALLEY RD 125 STEVENSST W SAINT PAUL MN 55107 2702921420013 $40,300 $12,000 $28,30013 ROXANE L BECKEN REV TRS9703 WHISTLING VALLEY RD 9703 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921410008 $40,300 $12,000 $28,30014 SANDERS JEFFREY & JULIE9706 WHISTLING VALLEY RD 9706 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921410009 $40,300 $12,000 $28,30015 RICHARD WILLIAM P & KAREN R9714 WHISTLING VALLEY RD 9714 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921410010 $40,300 $12,000 $28,30016 SEELHAMMER TODD G & CRYSTAL D9717 WHISTLING VALLEY RD 9717 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921410007 $40,300 $12,000 $28,30017 EDER BRIAN J & GRETTA9740 WHISTLING VALLEY RD 9740 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921410012 $40,300 $12,000 $28,30018 DEAGAZIO WILLIAM J & MARY G9745 WHISTLING VALLEY RD 9745 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921410005 $40,300 $12,000 $28,30019 WESTBY TODD N & HEIDI M9754 WHISTLING VALLEY RD 9754 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921410013 $40,300 $12,000 $28,30020 JOHAN E RUST REV TRS & MAGDALENA L RUST REV TRS9768 WHISTLING VALLEY RD 20816 4THAVE W CUDJOE KEY FL 33042 2702921410014 $40,300 $12,000 $28,30021 MATHEWS DONA L9776 WHISTLING VALLEY RD 1027 LAVERNE AVE N LAKE ELMO MN 55042 2702921410015 $40,300 $12,000 $28,30022 ST GERMAIN CHAD J9788 WHISTLING VALLEY RD 9788 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921440016 $40,300 $12,000 $28,30023 BARBARA J SOLFELT TRS9811 WHISTLING VALLEY RD 9811 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921440014 $40,300 $12,000 $28,30024 KURT & SHERRY BARTELS TRS9819 WHISTLING VALLEY RD 9819 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921440013 $40,300 $12,000 $28,30025 MANICKA YATHEENDHAR D & NISHA Y9829 WHISTLING VALLEY RD 10544 HAWTHORN TRL SAINT PAUL MN 55129 2702921440017 $40,300 $12,000 $28,30026 BRAUN SHARON B & WILLIAM H9831 WHISTLING VALLEY RD 9831 WHISTLING VALLEY RD LAKE ELMO MN 55042 2702921440012 $40,300 $12,000 $28,300TOTALS$1,047,800 $312,000 $735,800ADDRESSMAILING ADDRESS
Grant Agreement
Amendment #1
State of Minnesota
Doc Type: Contract
SWIFT Contract Number: 188422
Agency Interest ID: 224243
Activity ID: PRO20200032
Contract Start Date: April 2, 2021 Total Contract Amount: $3,660,000.00
Original Contract Expiration Date: December 31, 2023 Original Contract: $3,660,000.00
Current Contract Expiration Date: December 31, 2023 Previous Amendment(s) Total: $N/A
Requested Contract Expiration Date: December 31, 2024 This Amendment: $0.00
This amendment is by and between the State of Minnesota, acting through its Commissioner of the
Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155‐4194 (“MPCA” or
“State”) and City of Lake Elmo, 3800 3880 Laverne Avenue North, Lake Elmo, MN 55042 ("Grantee" or
"Contractor").
Recitals
1. The State has a grant contract with the Grantee identified as SWIFT Contract Number 188422
("Original Grant Agreement") to provide the Whistling Valley Extension of Municipal Water Supply
Project.
2. The Original Agreement is being amended to correct the grantee address, extend the end date,
revise Grantee’s Duties and Well Sealing language and the workplan, and update authorized
representatives.
3. The State and the Grantee are willing to amend the Original Grant Agreement as stated below.
Grant Agreement Amendment
In this Amendment, changes to pre‐existing Agreement language will use strike through for deletions
and underlining for insertions.
REVISION 1. Clause 1. "Term of Grant Agreement" is amended as follows:
1. Term of Grant Agreement
1.1 Effective date: April 2, 2021, Per Minn. Stat.§16B.98, Subd. 5, the Grantee must not begin
work until this grant contract is fully executed and the State's Authorized Representative has
notified the Grantee that work may commence. Per Minn.Stat.§16B.98 Subd. 7, no payments
will be made to the Grantee until this grant contract is fully executed.
1.2 Expiration date: December 31, 2023 2024, or until all obligations have been satisfactorily
fulfilled, whichever occurs first.
1.3 Survival of terms. The following clauses survive the expiration or cancellation of this grant
agreement: Indemnification; State Audits; Government Data Practices and Intellectual
Property; Publicity and Endorsement; Governing Law, Jurisdiction, and Venue; and Data
Disclosure.
REVISION 2. Clause 2. "Grantee’s Duties and Well Sealing" is amended as follows:
2. Grantee’s Duties and Well Sealing
2.1 Grantee’s duties. The Grantee, who is not a state employee, will perform the duties specified
in Revised Attachment A, which is attached and incorporated into this grant agreement.
2.2 Well Sealing. All associated wells with properties getting individual/residential water service
connections are required to be properly sealed and abandoned as part of the project within
the timeframe of the grant agreement in order to get reimbursement for private connections.
All well sealing will follow Minnesota Department of Health (MDH) regulations and will only be
done by licensed well contractors.
Reimbursement for individual/residential water service connections and well sealing will not
occur until proof of well sealing has been provided to MPCA.
MPCA may identify certain wells as potential monitoring wells. If agreed upon by MPCA, the
City and the well owner, MPCA will assume responsibility of converting those wells to
monitoring wells. In these instances, proof of well sealing is not required for reimbursement
of individual/residential water service connection costs.
REVISION 3. Clause 6. "Authorized Representative" is amended as follows:
6. Authorized Representative
The State's Authorized Representative is Gary Krueger, 520 Lafayette Road, St. Paul, MN 55155,
651‐757‐2509, gary.krueger@state.mn.us, Elizabeth Kaufenberg, 520 Lafayette Road, St. Paul, MN
55155, 651‐757‐2481, elizabeth.kaufenberg@state.mn.us, or their successor, and has the authority
to monitor the Grantee’s performance and to accept the services provided under this agreement. If
the services are satisfactory, the MPCA’s Project Manager will certify acceptance of each invoice
submitted for payment.
The State’s Project Manager is Tim Lockrem Megan Holthaus, 520 Lafayette Road North, St. Paul,
MN 55155, 651‐757‐2686 2843, timothy.lockrem@state.mn.us megan.holthaus@state.mn.us, or
their successor, and has the authority to monitor the Grantee’s performance and receive invoices
from the Grantee.
The Grantee’s Authorized Representative is Kristina Handt, 3800 3880 Laverne Avenue North, Lake
Elmo, MN 55042, 651‐747‐3905, khandt@lakeelmo.org, or their successor. If the Grantee’s
Authorized Representative changes at any time during this grant agreement, the Grantee must
immediately notify the State.
Except as amended herein, the terms and conditions of the Original Grant Agreement and all previous
amendments and change orders remain in full force and effect. The Original Grant Agreement and any
previous amendments and change orders are incorporated into this amendment by reference.
Signatures
Title Name Signature Date
\t1\ \n1\ \s1\ \d1\
\t2\ \n2\ \s2\ \d2\
\t3\ \n3\ \s3\ \d3\
\t4\ \n4\ \s4\ \d4\
\t5\ \n5\ \s5\ \d5\
\t6\ \n6\ \s6\ \d6\
www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats
e-admin9-38 • 3/11/16 Page 1 of 2
Project Workplan
Doc Type: Contract
Swift #: 188422
AI #: 224243
Activity ID #: PRO20200032
Project Title: Whistling Valley Extension of Municipal Water Supply Project
1. Project Summary:
Organization: City of Lake Elmo (the City)
Contact name: Kristina Handt
Address: 3800 3880 Laverne Ave North
Lake Elmo, MN 55042
Phone: 651-747-3905
E-mail: khandt@lakeelmo.org
Minnesota Pollution Control Agency (MPCA) contact:
MPCA project manager: Tim Lockrem Megan Holthaus
Address: 520 Lafayette Road North
St. Paul, MN 55155
Phone: 651-757-2686 2843
E-mail: Timothy.lockrem@state.mn.us megan.holthaus@state.mn.us
Project information
Start date: 4/2/2021 End date: 12/31/2023 12/31/2024
Total estimated costs: $3,660,000
Revised Attachment A
www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats
e-admin9-38 • 3/11/16 Page 2 of 2
2. Statement of Problems, Opportunities, and Existing Conditions
This project will extend clean drinking water to 44 existing platted properties (37 existing homes) located in the Whistling
Valley subdivision in the City of Lake Elmo by extending the municipal water system into the neighborhood prior to
reconstructing the neighborhood streets as scheduled for improvement in 2022 in the City’s capital improvement plan.
The project extends an 8-inch public watermain from 10th Street North (CSAH 10) into and throughout the Whistling Valley
neighborhood along 10th Street Lane, Whistling Valley Road, and Whistling Valley Trail. Individual water service stubs will be
installed to the edge of right-of-way at each of the 44 platted properties. Following the installation of the public watermain
improvements, the public streets will be improved.
The properties reside in an area where per- and polyfluoroalkyl substances (PFAS) contamination exceeds Health Based
Values (HBVs) and well advisories have been issued. The project is consistent with the long-term drinking water supply plan
to address PFAS contamination to drinking water supplies in the East Metro area.
Individual water services will be stubbed from the main line for each of the 62 residential properties. The project will include
grant funding and administrative processes for ensuring each property completes the private service connection from the
service stub to each home, including water meter installation, sealing of the private well, removal of any existing granular
activated carbon (GAC) filters, and all permitting and connection fees. The City intends to directly implement the public
improvement portion of the project for the water main components that will remain owned and operated by the City and will
require property owners to contract directly for the work to be completed on their individual properties. The private property
work will be funded on a reimbursement basis. The City will distribute materials, provided by the MPCA, regarding
individual/residential water service connections and well sealing to all residents impacted by this project. All associated wells
with properties getting individual/residential water service connections are required to be properly sealed and abandoned as
part of the project within the timeframe of the grant agreement in order to get reimbursement for private connections. All well
sealing will follow Minnesota Department of Health (MDH) regulations and will only be done by licensed well contractors.
Reimbursement for individual/residential water service connections and well sealing will not occur until proof of well sealing
has been provided to MPCA.
In accordance with the City's standard Capital Improvement Program process a feasibility study and project design will be
completed to ready the project for 2022 construction. Bids will be received in early 2022 with construction to commence in
May 2022. The water main will be tested, operational and ready for connection to the individual properties in late 2022.
No environmental review is required to implement this project. The project will require the following permits:*
• Minnesota Department of Health Watermain Extension Permit
• Washington County Right-of-Way Permit
• Valley Branch Watershed District Permit
• MPCA National Pollutant Discharge Elimination System Construction Permit
* The City will need to demonstrate expenses related to these items are attributable to actions necessary to address PFAS
impacts.
3. Measurable Outcomes
The City will report at least quarterly to the MPCA regarding progress of the project. The City will also report to the MPCA as
part of the quarterly report the itemized costs incurred for that quarter for reimbursement by the MPCA. Monthly
reimbursement requests can be provided as determined by the City.