4.3. SR 11-05-2012 City of
El REQUEST FOR ACTION
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To ITEM NUMBER
Mayor and City Council 4.3
AGENDA SECTION MEETING DATE PREPARED BY
Consent November 5, 2012 Justin Femrite,P.E. City En ineer
ITEM DESCRIPTION REVIEWED By
River Line Abandonment Cal Portner, City Administrator
REVIEWED BY
ACTION REQUESTED
1. Approve Petition,Waiver and Agreement for sewer service repair at 1153 Main Street and
authorize the city administer to sign said agreement.
2. Approve low quote received for the abandonment of the River Line from Metro General
Services, Inc. in the amount of$62,729.10.
ACKGRQUND/ ISCUSSI®N
In accordance with the approved policy for payment and assessment of the costs to repair private utility
lines, all petitions in excess of$5,000 must be approved by the City Council. The owners of the property
located at 1153 Main Street have submitted such a petition. Staff has reviewed the petition and
supporting documentation and finds it to be complete and accurate. Staff is recommending the approval
of the petition in the amount of$7,360 for Metro General Services to complete the needed service work.
This is the final property that needs to be disconnected from the River Line before it can be abandoned.
With the approval of this final petition and completion of the work by the property owner, the city is in
the position to abandon the River Line.The abandonment project will include the filling of the old sewer
main and manholes with a flow-able concrete mixture,removal of the existing manhole covers and
restoration of the disturbed areas. It is proposed to abandon the pipe in place. It is not feasible to fully
remove the sewer main without substantial disturbance to the hillside and existing trees. We have
included a completion date for the project of December 1, 2012.
If this item is approved, staff will prepare a letter to all the affected properties along the project explaining
the abandonment process and thanking them for their cooperation in getting disconnected from the
River Line.
FINANCIAL IMPACT
As approved at the October 1, 2012,meeting, staff solicited quotations for the completion of the work.
The quotations received were as follows:
Metro General Services, Inc. $62,729.10
Brenteson Companies, Inc. $92,443.10
P0CBEB BY
NAUREy.
Staff recommends approval of the low quote submitted by Metro General Services. Staff has reviewed
the project with Metro General and is confident in their ability to complete the work as specified. This
project was included in the 2012 Sewer Budget at an estimated budget of$200,000.
ATTACHMENTS
® 1153 Main Street Petition '..
Action Motion by Second by Vote
Follow Up
P ® W E 0 E 0 B Y
PETITION,WAIVER AND AGREEMENT FOR PAYMENT OF THE COST OF REPAIRS
TO PRIVATE UTILITY LINES AND ASSESSMENT OF AMOUNTS PAID AS A SPECIAL
CHARGE UMER
MINNESOTA STATUTES,SECTION 429.101
TO: City Council of the City of Elk River
owners of the properfy
located at 053 A MI 1\ 5 �M✓V and legally described on
Exhibit A attached hereto(the Property),
Petition the City of Ells River(the City)to pay the costs of certain.repairs(the Repairs)to private
utility lines located on the Property or in the Right-of-Way directly adjacent to the Property,
including:
Repair of private water service line(s)currently connected to the City System
Repair of private sanitary sewer service line(s)currently connected to the City System
,;"-bTan arnountnot to exceed that set forth on Exhibit B attached hereto(the Cost of Repairs),
%h,
And to levy a special assessment against the Property in the amount of the Cost of Repairs as an
unpaid special charge pursuant to Minnesota Statutes,Section 429.101.
Owners acknowledge and agree: 1)that there has been a failure of the private utility lines
on the Property;2)that the failed service line(s)is connected to the public system;3)that the
failure of the utility lines has created a public health and safety hazard near the failure;4)that the
Work identified on Exhibit B is reasonable and necessary to eliminate the public health and
safety hazard on the Property,5)that the Cost of the Work identified.on Exhibit B is reasonable
and necessary to affect the.Wotk and is the responsibility of Owners;and 6)that Owners have
beeii provided the opportunity to pay the Cost of the Work without the City's involvement and
have elected,instead,to petition the City to pay the Cost ofthe Work and to assess the fall
amount of the Cost of the Work to the Property.
Owners acknowledge that the Cit r:gay accept or rejeptthis Petition,Waiver.ajgd
Agreement mi its sole discretion,for any reason,including,but not limited to,the availability of
City funds to pay the Costs of the Work and agree,if the City accepts this Petition,Waiver and
Agreement: 1)to have the Repairs identified on Exhibit B completed as required by the policies
and ordinances of the City;2)that the Repairs performed shall be privately contracted by the
Owners;3)that the City shall bear no responsibility for or liability related to the performance of
the Repairs;4)that Owners shall hold harmless and indemnify the City from any claims related
to the performance of the Repairs; 5)to procure and pay the cost of all permits required for the
Repairs;B)to submii evidence to the City that the Repairs have been inspected and accepted by
the City Building Official;7)that upon completion and acceptance of the Repairs,City shall
make payment-to the Owner's contractor or other parties who performed the Work in an amount
not to exceed the Cost of the Work identiri.ed on Exhibit B;8)that payment by the City of the
Cost of the Work shall create an unpaid special charge against the Property;9)that this unpaid
special charge shall be specially assessed against the Property by the City pursuant to Minnesota
Statutes,Section 429.101;and 10)that the special assessment shall,be payable in 5 equal
annual installments with interest accruing on unpaid installments at the rate of %.
Owners expressly waive the right to a hearing on assessments levied pursuant to this petition;
expressly waive objection to any irregularity with regard to the assessment of the Property for
the Cost of Repairs;expressly agree that the amount assessed is reasonable;expressly waive any
claim that the amount assessed is excessive;expressly waive all rights of appeal,including any
rights under Chapter 429,Minnesota Statutes,from the assessment by the City of the Cost of
Repairs;and expressly agree to pay when due all assessments levied for the Cost of Repairs.
Owners represent and warrant that they are the sole fee Owners of the Property;agree to
make payment of all assessments levied pursuant to this Petition,'Waiver and Agreement for
Payment of the.Cost of Repairs;agree that they shall be personally liable for payments not made;
agree that this Agreement shall be binding on Owners and Owner's successors and assigns;agree
that all assessments levied pursuant to this petition shall be paid in full prior to or at the time of
transfer ofthe Property to a subsequent owner;and agree that this Agreement may be recorded
against the title to the Property.
Dated this ::. , .day of .. ......... .20� '
OWNER..:.
By;..
Its:
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MICHELLE BRANUM a
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EXIT A
Legal Description
Lof G� y} !(�G!/lti 6 HoiAi+cK,-s
EXIHBIT B
Repairs: {
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Cost of Repairs:
GP:3135369 v1
EBMETRO Estimate
GENERAL
SERVICES INC. Date Estimate#
—ONEM UTILITY&EXCAVATING CGNTRACTQR 2/22/2012 688
5790 Quam.Ave No
St Michael,MN 55376
Name/Address
Landmark Motet
PO Box 485
Elk River MN 55330
Project
Add 3% if paying by credit card**** 1153 Main Street)R
Description Qty Rate Total
1153 Main Street Elk River MN
Provide and install by excavating and directional boring 260 total ft
of 4"sewer service line from seven unit building,two unit
building and main house/office to city sewer stubs in west
driveway on house side of city sidewalk
Provide and install four 4"cleanouts to surface,one at each
building and one after Y connections towards city hookup
Backfill,compact and restore excavations to as found conditions
Sawcut and restore blacktop to main house connection
Total Materials and Labor 7,360.00 7,360.00
Property owner to obtain and pay city SAC charge
Per city engineer,no permit fee is required
Interior plumbing bid on units 1-7 by bluewater plumbing add
$1500.00
$7,360.00
Quote does not include De-Watering or exchange of
unstable soils if encountered
Phone# Fax# E-mail Web Site
763-428-2938 763428-2968 metrogeneralserviees @gmail.com www,metrogeneralservice.com