8.2. SR 09-21-2015 Eclty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 8.2
Agenda Section Meeting Date Prepared by
General Business September 21, 2015 Suzanne Fischer,Director, COD
Item Description Reviewed by
Ordinance 78-5 Sunset on Payment and Cal Portner, City Administrator
Assessment for Utility Connections Reviewed by
Action Requested
Provide direction on any proposed changes.
Background/Discussion
On December 10, 2012, the City Council approved Resolution 12-69 to allow property owners to petition
to have special assessments levied against the said property for connections to the public system and
private utility line repairs.
This action was prompted by the River Line Abandonment project and done in accordance with
Minnesota Statute Section 429.101. It also incentivized other property owners with access to the public
sewer and water system to make connection before the end of 2015. The current ordinance states that
connection costs to the city system will not be accepted if a project is completed after December 31,
2015. Staff interprets the ordinance to still allow for the costs of private utility service line repairs /
modifications to be petitioned for assessment.
If this remains the desire of the Council staff will modify the Petition,Waiver and Agreement form to
reflect it is only for private utility line repairs. If the Council would like to consider any modifications to
the ordinance staff would take direction and bring back any proposed changes to this section before the
sunset expires.
Financial Impact
None
Attachments
■ Ordinance 78-1 through 78-5
■ Dec. 10, 2012 RFA and Resolution 12-69
POWERED 6T
Template Updoted 4/14 INAMIRE1
• ARTICLE 1. - IN GENERAL
• DIVISION 1. - PAYMENT AND ASSESSMENT OF COSTS TO CONNECT OR REPAIR
PRIVATE UTILITY L8NESp/
« Sec. 78-1.-Finding oYpublic health and safety hazard.
(a)
The city council finds that failure to connect tothe city water system as required b
.2 of this Code' failure to connect to the city sewer and sewage disposal system as required by
subsection 78-97(d) of this Code' and failure to maintain in good' operable condition private
water and sanitary sewer utility lines, creates public health and safety hazards on private
property which must be eliminated.
(b)
|naddition tothe provisions o �ndouboecti�n78-�7(d)' vvhichauthorize the city
tomake connections tothe city water and sanitary sewer systems and to assess the costs
therefore to the affected property, and the provisions of Sherburne County Zoning Ordinance
[section] 17.5 and ' article || of this Code' which declares defective sewage oyoterno
and plumbing a nuisance affecting the public's safety and health and authorizes the city to
abate such nuisances and to assess the costs therefor tothe affected properties, the city
council finds that it is necessary and in the public interest to provide a mechanism for costs
incurred by private property owners to eliminate such public health and safety hazards on
private property to be assessed against the property as a special assessment.
(Ord. No. 12-06' § 1' 4-2-2012; Ord. No. 12-17' § 1' 12-10-2012; Ord. No. 15-07' § 1' 2-17-2015)
�
Sec. 78-2'-Petition authorized.
Property owners who are required to connect to the city water and/or sanitary sewer system
pursuant to and subsection 78-9, 7(d) ofthis Code, orwho have private water and/or
sanitary sewer lines which have failed, and such failure has been determined by city land
development staff to be a public health or safety hazard' may petition the city' on a form provided by
the city, to pay the costs to connect (including any outstanding lateral/trunk assessments and
applicable water and sewer connection charges) or repair the private utility lines and to aooeoo
amounts paid aoaspecial charge under Minn. Stats. § 42S.101. The city may accept orreject ouch
petitions in its sole discretion, and may impose such conditions and requirements to acceptance aoit
deems appropriate.
(Ord. No. 12-06' § 1' 4-2-2012; Ord. No. 12-17' § 1' 12-10-2012)
• Sec. 78-3.-Work to be completed by property owner.
If a petition to pay and assess the costs of connection or repair is accepted by the city, installation of
the required connections and/or repairs to private utility lines on private property shall be the
responsibility of the property owner, shall be contracted for by the property owner, shall be
completed by the property owner as required by the policies and ordinances of the City of Elk River
and Elk River Municipal Utilities, and shall be inspected and accepted by the city building official
before payment of costs is made.
(Ord. No. 12-06, § 1, 4-2-2012; Ord. No. 12-17, § 1, 12-10-2012)
• Sec. 78-4.-Payment and assessment of costs authorized.
(a)
Upon completion and acceptance by the city of all work required, the city will make payment to
the party or parties who performed the work in an amount not to exceed that set forth in the
petition accepted by the city. Such payment by the city, and all other outstanding fees and
charges required for connection to the public systems, shall constitute a special charge against
the affected property pursuant to Minn. Stats. § 429.101 and shall be specially assessed
against the property by the city pursuant to the provisions of Minn. Stats. § 429.101. Special
assessments levied under this section shall be payable in a single installment, or by up to ten
equal annual installments, as provided by the city council.
(b)
The city council shall establish, and may amend from time to time, policies regarding: (i)
projects eligible for this program; (ii) petitions which may be accepted by the city administrator;
(iii) petitions which may only be accepted by the city council; (iv) the number of annual
installments over which amounts paid and assessed will be levied; and (v) the interest rate
applicable to unpaid installments.
(Ord. No. 12-06, § 1, 4-2-2012; Ord. No. 12-17, § 1, 12-10-2012)
• Sec. 78-5.-Sunset on payment and assessment for connections.
Petitions to pay and assess the costs of connection to the city water system and the city sewer and
sewage disposal system will not be accepted by the city for any connection project which is
completed after December 31, 2015.
(Ord. No. 12-17, § 1, 12-10-2012)
• Secs. 78-6-78-10.-Reserved.
N:APublic Bodies\Agenda Packets\09-21-2015\Final\x8.2 sr Ord 78-5 Amend 9.21.15.docx
REQUEST FOR ACTION
ver
q..1 at t
To
Item Number
Mayor and City Council
4.3
Agenda Section
Meeting Date
Prepared by
Consent
December 10, 2012
Lori Stich, Accountant
Item Description
Reviewed by
Resolution Levying Special Assessments for Private Utility Line
Tim Simon Finance Director
Repairs
Reviewed by
Cal Portner, City Administrator
Action Requested
The City Council is asked to approve the attached resolution adopting and levying special assessments for
repairs to private utility lines.
Background/Discussion
Minnesota Statutes Section 429.101 authorizes the city to levy an assessment against a property for the
cost of repairs to private utility lines. Nine of the properties were on the old River Line and have now
connected to the new line. One of the properties needed water line repairs. The property owners
worked with the city engineer and Elk River Municipal Utilities and have signed a "Petition, Waiver and
Agreement For Payment of the Cost of Repairs to Private Utility Lines" allowing the city to assess the
repair costs to the property. The total amount assessed for the nine properties is $39,675.00.
Financial Impact
None
Attachments
■ Resolution
list of properties and amounts assessed to each (Exhibit A)
Action Motion by _ Second by _ Vote
Follow Up
1.i C't t
RESOLUTION 12-.me2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River:
1. The assessments shown on Exhibit A attached hereto are hereby adopted and shall
constitute a special assessment against the properties identified therein.
2. The assessments identified on Exhibit A shall be payable in annual installments including
principal and interest, amortized in such amount annually as is required to pay the principal
at the rate and term shown on Exhibit A.
3. The city clerk shall transmit to the county auditor a certified duplicate of attached Exhibit A
to be extended on the property tax lists of the county. Such assessment shall be collected
and paid over in the same manner as other municipal taxes.
Passed and adopted by the City Council of the City of Elk River this 10" day of December, 2012.
ATTEST:
Tina Allard, City Clerk
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS
D'
FOR UTILITY LINE REPAIRS
WHEREAS,
Chapter 78, Article I, Division 1 of the City of Elk River Code of Ordinances
authorizes property owners who have private water and/or sewer lines which
have failed to petition the city to pay the cost to repair the utility lines and to
assess amounts paid by the city as a special charge under Minnesota Statutes,
Section 429.101; and,
WHEREAS,
the property owners of the properties identified on Exhibit A attached
hereto have each executed a Petition, Waiver and Agreement for Payment of
the Costs of Repairs to Private Utility Lines requesting that the city pay the
costs identified on Exhibit A attached hereto and assess the amounts paid by
the city as a special charge under Minnesota Statutes, Section 429.101; and,
WHEREAS,
the property owners have each completed the work required to repair the
utility lines and have submitted evidence of payment to the city in the
amounts shown on Exhibit A attached hereto; and,
WHEREAS,
the property owners have waived the requirements for notice and a public
hearing on assessment of the amounts shown on Exhibit A attached hereto;
and,
WHEREAS,
the assessment of the amounts shown on Exhibit A attached hereto is
authorized by Chapter 78, Article I, Division 1 of the City Code and
Minnesota Statutes, Section 429.101.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River:
1. The assessments shown on Exhibit A attached hereto are hereby adopted and shall
constitute a special assessment against the properties identified therein.
2. The assessments identified on Exhibit A shall be payable in annual installments including
principal and interest, amortized in such amount annually as is required to pay the principal
at the rate and term shown on Exhibit A.
3. The city clerk shall transmit to the county auditor a certified duplicate of attached Exhibit A
to be extended on the property tax lists of the county. Such assessment shall be collected
and paid over in the same manner as other municipal taxes.
Passed and adopted by the City Council of the City of Elk River this 10" day of December, 2012.
ATTEST:
Tina Allard, City Clerk
D'
tz, M
o
EXHIBIT A
PID 75-408-0630
Amy Brand
1153 Main Street
Total Assessment - $7,360.00
5 year repayment @ 1.85%
PID 75-408-0640
Gary & Sandra Kroells
1171 Main Street
Total Assessment - $4,500.00
3 year repayment @ 1.9%
PID 75-409-0610
Brad Johnson
1209 Main Street
Total Assessment - $2,900.00
3 year repayment @ 1.9%
PID 75-409-0710
Sarah Brinwall
1313 Main Street
Total Assessment - $2,640.00
3 year repayment @ 1.9%
PID 75-409-0730
Lorraine Beyer
1331 Main Street
Total Assessment - $2,530.00
3 year repayment @ 1.9%
PID 75-408-0445
Mishawn Stewart
429 Oxford Avenue
Total Assessment - $4,455.00
3 year repayment @ 1.88%
PID 75-408-0635
Robert & Anna Benner
1165 Main Street
Total Assessment - $4,690.00
3 year repayment @ 1.9%
PID 75-409-0605
John Houlton
1185 Main Street
Total Assessment - $4,860.00
3 year repayment @ 1.85%
PID 75-409-0630
Jenny Kotaska
1237 Main Street
Total Assessment - $3,100.00
3 year repayment @ 1.81%
PID 75-409-0720
Lester Lindblom
1319 Main Street
Total Assessment - $2,640.00
3 year repayment @ 1.9%
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