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09/09/2003 - City Council Public Works CommitteeAGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday September 9, 2003 5:00 p.m. City Hall Conference Room 2A/B (2°d Floor) I. ADOPTION OF AGENDA II. PROJECT 817, VIBURNUM TRAIL V. OTHER BUSINESS VI. ADJOURNMENT PUBLIC WORKS COMMITTEE MEETING TUESDAY, SEPTEMBER 9, 2003 5:00 pm I. Proiect 817, Viburnum Trail (July 2000 Storm Mitigation Improvements) Background As part of the July 2000 Super Storm Mitigation Improvements, during the installation of a storm sewer pipe near the front of the property at 2099 Vienna Lane damage was incurred by the driveway to an area approximately 2 to 3 square feet in size at the edge of the public right-of-way. The damage was brought to the City's inspector's attention. The on-site inspector recognized the need to correct the situation and visibly marked an area to be removed and replaced that included approximately 540 square feet of the driveway, up to a well defined pre-existing crack across the entire width of the driveway. The replacement area began at the curb and extended the full width of the driveway to the crack, about 10 feet beyond the damaged area. This reparation of a driveway disturbed by construction activity was in compliance with standard City procedure. Said driveway work was completed 2 days after it was marked by the inspector and after discussing the planned restoration with the resident, Jamie Strickland. The day following the driveway construction Mr. Strickland contacted the City's inspector requesting that the entire driveway be replaced. Mr. Strickland offered a contribution to finance the portion of the driveway that had not been disturbed. Mr. Strickland was told that this would not be possible since the paving contractor had completed his work within the project area. On April 5, 2002, the City Engineer met Mr. Strickland at 2099 Vienna Lane to discuss the concerns with the driveway reparation and the resident's desire to have the entire driveway replaced. During this meeting, 3 main concerns were stated about the driveway by the resident; • Separation at the construction joint • Perpendicular crack at the east end of the construction joint • Color differentiation between the old and new driveway. The City Engineer's inspection of the driveway, indicated the following. • The construction joint was straight, neat, level and tightly abutted the remainder of the pre-existing driveway. There was no apparent separation. • There was a small crack, about 10" long, at the east edge of the new driveway section, perpendicular to the construction joint. The cracked area was on the opposite side of the area where the storm sewer construction activities occurred. It is unlikely that the damage occurred during construction, or that the driveway was damaged by the construction activity related to the storm sewer work. The driveway may have been damaged by a vehicle parking on the edge of the driveway, with a tire partially on the less compacted turf area. • The color differentiation between the old and new driveway surfaces was to be expected. Within 3 years after construction, the color differentiation will be very slight, if noticeable. At the close of the meeting, the City Engineer suggested that Mr. Strickland pursue any previous arrangements regarding the driveway replacement made with the contractor and that the City of Eagan would not be responsible for additional driveway improvements. In discussing this matter with the contractor and the City's consultant engineer who provided the inspection services, it appears that no arrangements were previously made. The City Engineer has reiterated to Mr. Strickland on multiple occasions since the April, 2002 meeting that no further driveway work is expected to be completed at the residence as a part of this contract. Issue Mr. Strickland is not satisfied with City staff's response to his request and has asked that the City Council address his request for restoration of the entire driveway. The City Council has directed that the matter be addressed by the Public Works Committee. Options: 1. Provide a recommendation to provide additional driveway improvements for full Council ratification at a future Council meeting, OR 2. Deny the request. Attachments: • City Engineer's letter, pages 3 and L • Mr. Strickland's E-mail Correspondence, pages and �. • City Engineer's E-mail Response, pages and. • Photos of current conditions, pages I_ to • Original Plan design, page -/46-. C:? 416�citV OF eagan May 7, 2002 PATRICIA E. AWADA Mr. Jamie Strickland Mayor 2099 Vienna Lane Eagan, NN 55122 PAUL BAKKEN Re: Project 817, Storm Mitigation Improvements — 2099 Vienna Lane PEGGY CARLSON CYNDEE FIELDS Dear Mr. Strickland: IVIEGTILLEY I am writing as a follow-up to our numerous telephone conversations, messages and meeting on Council Members site regarding the construction of the July 2000 Storm mitigation improvements within your property. Our correspondence has dealt specifically with the restoration of your bituminous driveway. THOMAS HEDGES I would like to apologize for your expressed frustration with the construction activity and City Administrator disturbance within and adjacent to your property. I assure you that all of the restoration issues that have yet to be completed will be completed as originally indicated in the plans and specifications for the contract as quickly as possible. Restoration of your yard, including the paver brick patio, lilac bushes, landscaping rock and associated landscape material and edging Municipal Cerner: will be completed as stated in the letter I wrote dated July 23, 2001. Restoration of any settled 3830 Pilot Knob Road portions of the utility trench impacting the street, curb and gutter or your yard will be addressed, as stated in the contract specifications. Eagan, MN 55122-1897 Phone: 651.681.4600 To clarify your concerns regarding the driveway, I will restate the occurrences affecting your driveway related to the public improvement. As part of the installation of the storm sewer pipe. Fax: 651.681.4612 near the front of your property, damage to your driveway occurred to an area approximately 2 to TDD: 651.454.8535 3 square feet in size at the edge of the public right-of-way. The damage was brought to the City's inspector's attention and you asked how the damage would be addressed. The on-site inspector recognized the need to correct the situation and visibly marked an area to be removed and Maintenance Facility: replaced that included approximately 540 square feet of your driveway, up to a well defined pre - 3501 Coachman Point existing crack across the entire width of the driveway. The replacement area began at the curb and extended the full width of the driveway to the crack, about 10 feet beyond the damaged area. Eagan, MN 55122 This reparation of a driveway disturbed by construction activity is standard City procedure. Phone: 651.681.4300 j Said driveway work was completed 2 days after it was marked by the inspector. The day Fax: 651.681.4360 following the driveway construction you contacted the City's inspector requesting that the entire TDD: 651.454.8535 driveway be replaced. You offered a contribution to finance the portion of the driveway that had not been disturbed. You were told that this would not be possible since the paving contractor had completed his work within the project area. www.cityofeagan.com This spring you contacted me about your concerns with the reparation of your driveway and your desire to have the entire driveway replaced. We scheduled a meeting at your residence on April 5, 2002, and I viewed the driveway with you. During this meeting you stated 3 main concerns about the driveway: separation at the construction joint, perpendicular crack at the east end of the THE LONE OAKTREE construction joint and color differentiation between the old and new driveway. The symbol of strength and growth in our community 3 My inspection of the driveway, specifically in regards to your concerns, indicated the following. The construction joint is straight, neat, level and tightly abuts the remainder of the pre-existing driveway. There is no apparent separation. There is a small crack, about 10" long, at the east edge of the new driveway section, perpendicular to the construction joint. The cracked area is on the opposite side of the area where the storm sewer construction activities occurred. It is unlikely that the damage occurred during construction, or that the driveway was damaged by the construction activity related to the storm sewer work. The driveway may have been damaged by a vehicle parking on the edge of the driveway, with a tire partially on the less compacted turf area. The color differentiation between the old and new driveway surfaces is to be expected. Within 3 years, the color differentiation will be very slight, if noticeable. At the close of our meeting I suggested that you discuss any previous arrangements regarding the driveway replacement that you may have made with the contractor and that the City of Eagan would not be responsible for additional driveway improvements. In discussing this matter with the contractor and the City's consultant engineer who provided the inspection services it appears that no arrangements were previously made. No further driveway work is expected to be completed at your residence as a part of this contract. It is regrettable that damage to your driveway inadvertently occurred as part of the construction of the drainage improvements. However, the restitution appears to be more than adequate. I can appreciate your concerns with the impacts this construction work has had on your property. I also understand that your home was not flooded by the July 7-9, 2000 Storm and that you permitted the drainage improvements to be constructed on your property to assist your neighbors. Your cooperation to allow the construction of these critical drainage improvements is greatly appreciated by the City, as I am sure that it also is by your neighbors. Sincerely, p Russ Matthys, P.E. City Engineer Cc: Mayor & City Council c/o Thomas Hedges, City Administrator Thomas Colbert, Public Works Director Mark Hanson, Consultant (BRAA) G:R W01/Letters/Proj 317, DrwyStricklmd Jamie Strickland 2099 Vienna Lane Eagan, MN 55122 651-905-1263 952-844-4297 Russ Matthys I am writing to explain our ongoing dissatisfaction with the results of the Storm Mitigation Improvements of 2001. It is important that I first begin by stating that none of the stated repairs would benefit us, as we have never experienced any water seepage or damage. Everything about this project has inconvenienced us. We had days where our mail wasn't delivered as the contractors blocked our mailbox and never put up temporary mailboxes. Our yard was a large and lengthy mud pit for an unreasonable amount of time. We lost well over one dozen large, mature Lilac bushes. All the landscape rock from the West side of our house was removed. We lost cable as the contractors cut our cable. You personally assured me both verbally and in writing that any damage to our paver patio would be repaired. This is an item that still remains to be addressed as I cannot locate the original contractor who installed our patio and it DOES need to be repaired. It now has a larger angle of descent as well as loose pavers due to the extreme amount of vibration from the heavy equipment. Our largest complaint centers on our driveway. For whatever reason, the contractors drove heavy equipment across our driveway and damaged the west side of our driveway. The Bonestroo crew was going to replace the entire lower half of our driveway. I explained to Ryan and the Bonestroo representative that I did not want half of our driveway replaced. Instead, I offered to pay a fair amount for the other half of the driveway and then have the entire driveway replaced. No one ever got back to me and when I finally got a hold of someone, the asphalt was being laid. My permission was never granted for this unsightly repair. It is worth noting that there was no permission or easement requested or granted regarding our driveway. The driveway repair was done without our consent and against our wishes. After a second winter now, the crack between the two sections of driveway has widened and more of the driveway at the crack is crumbling apart. There are also a few pieces from the east side of the new section of driveway that have cracked off. Our entire driveway MUST be replaced, as it looks terrible. If we needed to sell our house, this would without question affect any potential sale. There are two distinctly different textures and colors to our driveway. Worse yet, the paving job was done very poorly and in haste. The new section is uneven and has a sinking spot. The edge has cracked off on the east side and this was blamed on my parking. No, it's inferior materials. Also, it wasn't installed with proper equipment, as there is a definite "seam" down the middle of the new section. I have witnessed a driveway installation and a correct installation uses a machine that is as wide as the driveway, not half the width. S Our second largest issue has been our yard and landscaping restoration. After about 9 months of dirt and mud, we finally had sod delivered. Instead of delivering the sod in the early spring where there would have been plenty of rain and cooler temperature, they decided to install the sod the last week of June while we were in the midst of 900+ days with high humidity. NO TOP SOIL was brought in and the sod was installed over the top of hard, packed dirt. So after about 2 weeks, the sod crew was back out replacing ALL of our sod. There are still several areas where we have patches of dead sod or sod that is pulling apart at the seams. About a month after the sod fiasco, we finally had our replacement trees delivered. Not anywhere near as large as the Lilac bushes that were removed, 8 Lilac bushes were planted and just before cold weather set in, 3 of the Lilac and 2 of the 3 Evergreens died. Compounding the issue was that all of our landscaping rock that was removed had to be reinstalled by me. I was not compensated for my time or my materials other than the rock itself. In summary, we were the only ones primarily inconvenienced by this yet we also take no benefit from this improvement. We gave the city our permission for this improvement under the assumption our property would be restored to its original condition. Sure, we have new bushes and trees, but nearly half our dead, all the sod has been replaced once, our paver patio is damaged, we had a cable outage over a weekend and worse of all, our driveway looks terrible. Jamie Strickland nw, Russ Matthys From: Russ Matthys Sent: Thursday, May 22, 2003 5:52 PM To: 'Strickland, Jamie' Cc: Tom Colbert; John Gorder Subject: RE: Storm Sewer Mitigation Feedback Jamie, Sorry for the slow response. I forwarded your message to see how it should best be addressed. The determination was made that since it was related to Public Works activities as part of the July 2000 Storm Improvements, it should go to the Public Works Committee for their recommendation to the City Council. The Public Works Committee is made up of two Council members. In order for the Public Works Committee to be best informed of the extent of your claim, it would be appropriate to provide them with cost estimates for the requested work that would satisfactorily address your concerns: Just so we are on the same page and you don't have to make any extra effort, I will address some items in your letter that I expect to still address, if they haven't been completed already. I can understand if you can't locate your original contractor who constructed your paver patio. How about finding someone else who would relay the corner of the patio to your satisfaction and send us the bill when it is completed? I believe this would be equivalent to what we had previously discussed. The lilac bushes and evergreens are under warranty and will be replaced, if they haven't been already. The sod deficiencies will also be addressed. As we had discussed, in the areas where there are small gaps between the sod, topsoil and seed will be placed to produce a better end product. Has any of this work been completed yet? As I understand your concerns, the driveway replacement is the only outstanding issue that I'm not able to address to your satisfaction. That being the case, would you please detail the specifics of the driveway work you would like to have completed to satisfy you. A copy of a detailed cost estimate from a contractor would be great. I will be out of the office for the next 2 weeks, beginning Monday, May 26. I can present any information you get back to me to the committee after I return on Monday, June 9. Thank you for your patience. Russ Matthys, P.E. City Engineer City of Eagan 651-675-5646 FAX 651-675-5694 rmatthys@cityofeagan.com -----Original Message ----- From: Strickland, Jamie[mailto:strickla@BIWORLDWIDE.com] Sent: Friday, May 09, 2003 12:43 PM To: 'Russ Matthys' Subject: RE: Storm Sewer Mitigation Feedback Thanks a lot Russ. I know I have been a thorn in your side for some time but I do appreciate you advice, assistance and patience with me. Jamie -----Original Message ----- From: Russ Matthys[mailto:RMatthys@ci.eagan.mn.us] Sent: Friday, May 09, 2003 11:55 AM To: Strickland, Jamie Subject: RE: Storm Sewer Mitigation Feedback Jamie, I received your e-mail. I will forward the attachment with a request for the City Council to consider the replacement of your driveway. I will notify you of any scheduled consideration by the City Council. Please contact me with any questions. Russ Matthys, P.E. City Engineer City of Eagan 651-675-5646 FAX 651-675-5694 rmatthys@cityofeagan.com -----Original Message ----- From: Strickland, Jamie[mailto:strickla@BIWORLDWIDE.com] Sent: Friday, May 09, 2003 9:13 AM To: 'rmatthys@ci.eagan.mn.us' Subject: Storm Sewer Mitigation Feedback <<RussMatthys.doc>> Jamie Strickland Java Developer BI netData Services Group Phone: 952.844.4297 Email: mailto:strickla@biworldwide.com www.biperformance.com F' 7: � is 4• .. P - =..f.. > -M1 5 ':' 16 � y-4 >��"moi-�F''hh �rtY. i:�}�jaS�• F' 7: � is 4• .. P io R� �y•� � Vii•+►! d ,.,� ' ,� '#' , �, ; l - e t .. ; 4. a +. � *, � � , `� �� a" � .. a' i. �- x k • - -. • pr � ' * a - r * e � � a� f� �.�". � mow. �,� y '.•' ; � w. � �-. 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