HomeMy WebLinkAbout7B - Eagle Creek Villas
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DATE:
7B
JOHN WINGARD, ACTING CITY ENGINEER
CONSIDER APPROVAL OF AMENDMENT #1 TO THE
CONTRACT FOR DEVELOPMENT FOR EAGLE CREEK
VILLAS
SEPTEMBER 3, 1996
AGENDA #:
PREPARED BY:
SUBJECT:
INTRODUCTION:
The purpose of this Agenda item is to consider approval of
Amendment # 1 to the Contract for Development of Land in the
City of Prior Lake with Eagle Creek Villas, LLC. The amendment
covers repairs performed by the Developers' contractor to a
defective 15" sanitary sewer line.
BACKGROUND:
Eagle Creek Villas is the townhouse development on 13.5 acres on
Priorwood Street in between Duluth Avenue and Five Hawks
Avenue.
The Contract for Development for Eagle Creek Villas was
approved by the Council at the July 15, 1996 meeting. As part of
infrastructure work the Developer is constructing certain Public
Improvements on behalf of the City such as streets, sidewalks,
sewer and water lines, to serve the residents of Eagle Creek Villas
and the surrounding areas.
DISCUSSION:
After the Contract for Development was executed, staff discovered
that the existing 15" sanitary sewer line, constructed in December
of 1972, which crosses through the Eagle Creek Villas
development was in need of repair. Attached is a letter dated
August 2, 1996, from the City's consulting engineers MSA, which
describes the defective sanitary sewer and recommends that the
sanitary sewer must be repaired prior to the Developer constructing
a street over the sanitary sewer, which would only exacerbate the
defect. The developer was preparing to add the 6 to 10 feet of fill
over the existing 15" sanitary sewer line when we decided that the
sewer line needed to be fixed. Dave's letter also states that he
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
EAGLECK.DOC AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 96-94
AMENDMENT NO.1
TO
CONTRACT FOR DEVELOPMENT OF LAND
EAGLE CREEK VILLAS
MOTION BY: SECOND BY:
WHEREAS, on July 15, 1996 the City Council approved the Final Plat and approved
Final Plans for Eagle Creek Villas, LLC (hereinafter "Developer"); and
WHEREAS, pursuant to the approval, the City Council authorized the Mayor and '
City Manager to execute a Contract for Development of Land in the
City of Prior Lake ("Development Contract")for Eagle Creek Villas;
and
WHEREAS, the Development Contract provides a townhouse development,
pursuant to Minnesota Statutes Section 462.358 Subdivision 2a, shall
construct certain City Improvements; and
WHEREAS, subsequent to the approval and execution of the Development Contract
the City discovered certain infrastructure defects relating to the City's
sanitary sewer lines; and
WHEREAS, based upon consultation with the City's Consulting Engineer, MSA and
in the opinion of the Acting City Engineer, repairs to the defective
sanitary sewer presented a serious risk to the health, safety and welfare
of the City; and
WHEREAS, the defective sanitary sewer required repair before the Developer could
construct certain Developer Installed and Financed Improvements.
Amendment No.1 to the Contract for Development for Eagle Creek Villas, LLC is amended as
follows:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. Section 4 of the Development Contract is amended by adding subsection 4.3 as
follows:
Developer shall repair on behalf of the City a defective section of the existing 15"
sanitary sewer within the Plat. The defective sanitary sewer shall be considered a
Public Improvement, the cost of which shall be paid by City to Developer.
162~~ Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. Those sections in Exhibit D (Developer and City Cost Summary) to the Development
Agreement dealing with City costs are amended to add $50,631.25, for the purpose of
making the necessary repairs to the City's defective 15" sanitary sewer.
4. The total amount owed by City to Developer is revised from $121,693.65 to
$172,324.90.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE that Amendment No. 1 to the Contract for Development of Eagle Creek Villas,
LLC is approved and payment of the additional City costs authorized, and the Mayor and City
Manager are authorized.
Passed and adopted this 3rd day of September, 1996.
YES
NO
Andren
Greenfield
Kedrowski
Mader
Schenck
Andren
Greenfield
Kedrowski
Mader
Schenck
{Seal }
City Manager
City of Prior Lake
RES9694.DOC
AMENDMENT NO.1 TO THE
CONTRACT FOR DEVELOPMENT OF LAND
IN THE CITY OF PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into as of the 3rd day of September, 1996, by
and between the City of Prior Lake, (hereinafter "City") a municipal corporation organized under
the laws of the State of Minnesota and Eagle Creek Villas, LLC, (hereinafter "Developer") a
Minnesota corporation.
WITNESSETH THAT:
WHEREAS, on July 15, 1996 the City Council approved the Final Plat and approved
Final Plans for Eagle Creek Villas, LLC (hereinafter "Developer"); and
WHEREAS, pursuant to the approval, the City Council authorized the Mayor and
City Manager to execute a Contract for Development of Land in the
City of Prior Lake ("Development Contract")for Eagle Creek Villas;
and
WHEREAS, the Development Contract provides a townhouse development,
pursuant to Minnesota Statutes Section 462.358 Subdivision 2a, shall
construct certain City Improvements; and
WHEREAS, subsequent to the approval and execution of the Development Contract
the City discovered certain infrastructure defects relating to the City's
sanitary sewer lines; and
WHEREAS, based upon consultation with the City's Consulting Engineer, MSA and
in the opinion of the Acting City Engineer, repairs to the defective
sanitary sewer presented a serious risk to the health, safety and welfare
of the City; and
WHEREAS, the defective sanitary sewer required repair before the Developer could
construct certain Developer Installed and Financed Improvements.
NOW, THEREFORE, in consideration of these premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Amendment No. 1 to the Contract for Development for Eagle Creek Villas, LLC is amended as
follows:
1. The recitals set forth above are incorporated herein as if fully set forth.
DocumentJ
2. Section 4 of the Development Contract is amended by adding subsection 4.3 as
follows:
Developer shall repair on behalf of the City a defective section of the existing 15"
sanitary sewer within the Plat. The defective sanitary sewer shall be considered a
Public Improvement, the cost of which shall be paid by City to Developer.
3. Those sections in Exhibit D (Developer and City Cost Summary) to the Development
Agreement dealing with City costs are amended to add $50,631.25, for the purpose of
making the necessary repairs to the City's defective 15" sanitary sewer.
4. The total amount owed by City to Developer is revised from $121,693.65 to
$172,324.90.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE that Amendment No.1 to the Contract for Development of Eagle Creek Villas,
LLC is approved and payment of the additional City costs authorized, and the Mayor and City
Manager are authorized.
IN WITNESS WHEREOF, CITY and DEVELOPER have caused this AGREEMENT to
be duly executed on the day and year first above written.
Approved by the CITY COUNCIL on the 3rd day of September, 1996.
APPROVED AS TO FORM AND EXECUTION:
DEVELOPER:
EAGLE CREEK VILLAS, LLC
By
Its City Attorney, Suesan Lea Pace
By
Its Chief Manager, John Mesenbrink
CITY OF PRIOR LAKE:
By
Its Mayor, Lydia Andren
By
Its City Manager, Frank Boyles
[This AGREEMENT must be signed by all parties having an interest in the PROPERTY.]
This instrument prepared by:
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
DocumentJ
STATEOFMINNESOTA }
}ss:
COUNTY OF SCOTT }
On the day of , 19_, before me, a Notary Public, with and for
said County personally appeared Lydia Andren and Frank Boyles, to me personally known,
being each by me duly sworn did say that they are the Mayor and City Manager, respectively, of
the City of Prior Lake, a Minnesota municipal corporation, named in the foregoing instrument;
and that said instrument was signed on behalf of the municipal corporation and ackno~ledged
said instrument to be the free act and deed of said municipal corporation.
Notary Public
STATE OF MINNESOTA }
}ss:
COUNTY OF SCOTT }
The foregoing instrument was acknowledged before me this day of
, 1996, by and by , who are the _
and of Ea~le Creek Villas. LLC
a Minnesota Corporation, on behalf of said corporation.
Notary Public
DocumentJ
MS
OONSUL TlNG ENGINEERS
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St. Paul, MN 55108
612.644.4389
1-800-888- 2923
Fax: 612.644.9446
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PRIOR LAKE
ST. PAUL
W ASECA
August 2, 1996
File: 102-000-00
Mr. John Wingard
Acting DPW/City Engineer
City of Prior Lake
16200 Eagle Creek Avenue S .E.
Prior Lake, MN 55372
RE: SANITARY SEWER REPAIR AT EAGLE CREEK VILLAS
Dear Mr. Wingard:
mSTORY
The sanitary sewer interceptor was constructed through the Eagle Creek Villa area in
December of 1972. Prior to utility installation for the Eagle Creek Villa project, City
staff reviewed a video of this sewer and found problems. A sag in the line, debris, and
a measurable leak were discovered. The problem areas were located on the edge of the
wetland.
REPAIRS & OBSERVATIONS
On Wednesday, July 24, 1996, the crew began sub-cutting black dirt from an area
adjacent to the sanitary sewer. On Thursday, they continued to sub-cut and remove the
damaged 15" RCP sewer line. The pipe had been installed in granular material to 24
LF south of Sanitary Manhole 8-18. From this point, pipe had been installed in peat
materials, which is located below the water table. No evidence of granular bedding
materials was observed. The peat materials gradually became deeper to a point where
7' of peat under the pipe was observed. The peat depth gradually decreased, so at 201
LF, south of Sanitary Manhole 8-18, the pipe was back in firm granular soils. The
biggest problem was located 105 LF out of Sanitary Manhole 8-18, which was the
I bottom of the sag area. The pipes were pulled apart in that area about 6". The debris
noted on the T. V. report was in the down stream pipe.
JJ
Sanitary sewage was flowing from the pipe into the soil around the separated pipes.
Ground water was flowing into the down stream pipe. Note that the pipe are all below
the water table, which would realistically cause them be taking in infiltration 365 days
per year (est. 3 to 4 million gallons per year).
Another problem was also discovered at this location. A clay tile drain had been
installed immediately above the separated joint. It is possible that the weight of the
equipment used to. install the drain tile had caused the separation.
An Equal Opportunity Employer
Mr. John Wingard
August 2, 1996
Page Two
Select sand was installed through this area by Ryan Contracting. On Friday, the
Contractor installed new Class 5, 15" RCP. They used I1h" clear rock to bed the
pipe. The depth of rock varied in depth, but was placed at a depth to suitable
supporting soils. This method is standard construction practice and should have been
employed in 1972, when the sewer was originally installed. A bypass system was used
to pump sewage into a manhole down stream during construction.
IMPACT
Money spent to repair this sewer line should be recovered through decreased infiltration
in this area.
The City pays the Metropolitan Council Environmental Services (MCES) $1.43 per
1000 gallons of wastewater for treatment. This leak cost the City approximately $5,000
per year.
Furthermore, if the fill had been placed above the old sanitary sewer line, the increased
weight would have caused an even greater problem. Repairing this problem in the
future would have resulted in a greater cost to replace blacktop streets and concrete
curbs. Working around electric and telephone utilities would have also increased the
cost considerably.
Sincerely,
MSA CONSULTING ENGINEERS
~ (Z. ~<---
David R. Thompson
Inspector
DRT:db
102-000 .Itr