Agenda - Public Works Committee - 10/16/2012

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Public Works Committee 5.2. Meeting Date: 10/16/2012 By: Shane Nelson, Engineering /Public Works Title: Resident Concern - 167th Avenue (IP08 -27) Background: The residents' property was impacted by the 167th Avenue Reconstruction Project, City Project 08 -27, that was constructed in 2009. The resident called City Administrator Ulrich on 7/10/12 and expressed that she was not satisfied with the restoration of her yard. Interim City Engineer Nelson returned the phone call and spoke with Mrs. Dominguez on July 11, 2012 and listened to her concerns, summarized as follows: • Weeds in grass, feels that they are moving into the rest of her yard • Insufficient topsoil quality • Pieces of asphalt in yard • Pieces of glass in yard • Pieces of slate in yard • Pieces of shingles in yard • Sparse grass • Clover instead of bluegrass (wrong mix) • Remnants of erosion control netting Overall, Mrs. Dominguez stated that she did not get what she was told she was getting. She stated that previous City Engineer Himmer had told her that her yard would be as good, or better, than it was before construction began. At one point in time, the City picked rocks and chunks of broken glass from the subject properties utilizing the DOC crews. Mrs. Dominguez stated that she is against the DOC crews visiting her property again. Staff reviewed the original plans and specifications, dated 2/27/09, prepared by Bolton and Menk, in an effort to understand the project. The project provided an 8 inch sewer stub and an 8 inch water stub to the subject property for future development, with the stubs located on a common lot line at the eastern edge of their property. The project also provided a new road that the Dominquez's use for their primary access. There was no assessment for the improvements. The original specifications did require the Contractor to re -seed any areas that did not establish at the Contractor's expense. The Final Payment was made to the Prime Contractor on the project on November 23, 2010, therefore, there is no recourse with the original Contractor. We understand that the Contractor did not receive compensation for turf establishment in this area as the City felt it did not meet project specifications. The City contracted separately with Great Northern Landscapes in 2010 to restore the residents yard as an attempt to address their concerns at that time. Finance Director Lund provided an invoice that was paid on 12/14/10 in the amount of $6,138 to Great Northern Landscapes for work completed and accepted by the City at that time. The City did hold back 10% retainage, or $682, from the invoice amount. Notification: The resident (Shayle Dominguez) has been notified of the meeting and was invited to attend Observations: