4.9. SR 08-06-2018 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.9
Agenda Section Meeting Date Prepared by
Consent August 6, 2018 Zack Carlton,Planning Manager
Item Description Reviewed by
Abatement Agreement for Tipton Circle Peter Beck, City Attorney
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve,by motion, the Nuisance Abatement and Special Assessment Agreement for 1772 Tipton
Circle.
Background/Discussion
The city has been working with the owners and tenant of 1772 Tipton Circle to address numerous
violations of the city code,including vehicles stored illegally and the accumulation of rubbish. Staff has
made numerous attempts to work with the property owner and tenant to address the code violations, and
while some progress has been made, the property does not meet city standards.
The City Attorney,in working with the attorney for the property owner,prepared the attached abatement
agreement to provide the city with the authority to go onto the property and remove vehicles and rubbish
that does not comply with city codes. Staff solicited bids from area contractors to establish the abatement
cost and complete the work upon authorization. The total cost,including storage of removed vehicles,
comes to $30,855.00.
Upon approval of the abatement agreement staff will work with the property owners, tenant, and
contractors to bring the property into compliance with city codes.
Financial Impact
The initial cost of the nuisance abatement will be paid by the city. The city will be reimbursed,with
interest, over 10 years.
Attachments
■ Nuisance Abatement and Special Assessment Agreement dated August 6, 2018
■ Abatement Bids
The Elk River Vision
A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAWRE1
NUISANCE ABATEMENT
AND
SPECIAL ASSESSMENT AGREEMENT
This Nuisance Abatement and Special Assessment Agreement ("Agreement") is made to
this day of , 2018, by and between the City of Elk River, a
Minnesota municipal corporation ("City") and Gary Rasmusson and Patricia Rasmusson, as joint
tenants (the "Owners").
RECITALS
A. The Owners are the fee Owners of the property located at 1772 Tipton Circle NW
in the City of Elk River, Minnesota, and legally described as Lot 3, Block 1, Bailey Beck
Addition, Sherburne County, Minnesota(the "Property").
B. The Property is occupied by a tenant who has allowed numerous public health and
safety hazards to collect on the Property, including non-registered and/or inoperable vehicles and
trailers, junk, debris and trash, in violation of Elk River City Code Section 46-34 and
International Property Maintenance Code Section 302.
C. The City has issued several notices to the Owners requiring that the public health
and safety hazards on the Property be abated.
D. The Owners have been unable to get the tenant to abate the public health and
safety hazards and have requested that the City enter the Property, abate the nuisances, and
assess the cost of the abatement against the Property.
E. Minnesota Statutes, Section 429.101, authorizes the City to remove or eliminate
public health or safety hazards from private property, to charge the costs of such abatement to
the property owner, and to collect unpaid charges by a special assessment.
NOW, THEREFORE, in consideration of their mutual covenants, the parties agree as
follows:
1. Abatement. Attached as Exhibit A to this Agreement is a proposal to complete
the work that the City has determined, and Owners agree, is reasonable and necessary to abate
the public health and safety hazards on the Property. The Owners agree that the cost of the
abatement identified on Exhibit A is reasonable and necessary to complete the abatement work
and that this cost is the responsibility of the Owners. The Owners acknowledge that they have
been provided the opportunity to complete and pay for the nuisance abatement without the City's
involvement and have elected, instead, to have the City complete the abatement and to assess the
full cost of the abatement, as set forth on Exhibit A, assessed against the Property. The City
agrees to complete the abatement as set forth on Exhibit A and to assess the cost thereof, as set
forth on Exhibit A, against the Property. The Owners authorize the City to enter the Property
and to perform the abatement, and agree to hold the city harmless and indemnify the city from
any claims related to the performance and the abatement, including any claims of the tenant
related to ownership of vehicles, trailers, junk and other debris on the property which must be
removed to abate the public health and safety hazard.
2. Special Assessment. The City will assess the Project Cost in the amount of
$30,855.00 against the Property. The assessment shall be spread over 10 years, together with
four and one-half percent (4.5%) interest per year on the unpaid balance. Interest shall accrue
from the date of the adoption of the special assessment roll. The first installment shall be due
and payable with taxes in 2019.
3. Waiver. The Owners expressly waive the right to a hearing on assessments levied
pursuant to this Agreement; expressly waive objection to any irregularity with regard to the
assessment of the Property for costs of the Abatement; 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 costs of the Abatement; and expressly agree to pay when due all
assessments levied for the costs of the Abatement.
4. Ownership. The 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 Agreement;
agree that they shall be personally liable for payments not made; agree that this Agreement shall
be binding on Owners and Owners' 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 of the Property to a
subsequent owner; and agree that this Agreement may be recorded against the title to the
Property.
5. Binding Effect; Recording. This Agreement shall be binding upon the Owners
and the Owners' successors and assigns. This Agreement may be recorded against the title to the
Property.
2
OWNERS
Gary Rasmusson
Patricia Rasmusson
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2018, by Gary Rasmusson and Patricia Rasmusson, the Owners of 1772 Tipton Creek NW, Elk
River, Minnesota.
Notary Public
3
CITY OF ELK RIVER
By:
John J. Dietz, Mayor
By:
Cal Portner, City Administrator
STATE OF MINNESOTA )
ss.
COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this day of
2018, by John J. Dietz and Cal Portner, the Mayor and City Administrator of the City of Elle
River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
Notary Public
Drafted by:
Beck Law Office
4746 Sheridan Ave S
Minneapolis, MN 55410
4
To: City of Elk River
Attn: Dave Hetrick
Code Enforcement Official
This letter is in reference to any or all vehicles to be towed from the Tipton Cir address
in Elk River, MN.
All vehicles (cars, trucks, motorcycles, ATV, RVs or trailers) that have been impounded in the
State of Minnesota must have the registered owner notified by mail. If vehicle is no longer registered in
The State of Minnesota's system, an ad must be placed in the local newspaper notifying any owners of
the vehicle being towed.
1. $150 fee per vehicle( Cars/Pickup's)
2. $90 fee for (Small Trailers, Motorcycles or ATV/UTV)
3. $500 fee for any Motorhome or Pull Behind Camper
4. Admin fee of $35 plus sales tax on all charges excluding storage
All vehicles must be stored by state law for 50 days prior to sale at $35 per day per vehicle in addition to
above charges. See Minnesota Statute 168B.051
Any & all registered owners have the right to pick up vehicles prior to disposal date by paying
any & all fees owed against said vehicle or vehicles. They also will need to provide proof of ownership.
If any vehicle is discovered to have large amounts of trash, oil, asbestos or other hazardous
waste, it will be The City of Elk River's responsibility to dispose of said waste.
Phil Collins
Owner
Collins Brothers Towing
P.O. Box 405 • Elk River, MN 55330 • (763) 241-9177 • www.collinsbrolherstowing.com
PROPOSAL
DATE
7/30/2018
PROPOSAL #
3608
NAME / ADDRESS
City Of Elk River
Dave Hettrick
13065 Orono Parkway
Elk River, Mn 55330
PROJECT NAME
1772 Tipton Circle, Elk River
SIGNATURE/DATE TOTAL
CONTRACTOR PRE-LIEN NOTICE (Minn. Stat. 514.011 Subd. 1)
This Notice is to advise you of your rights under Minnesota law in connection with the improvement to your property. (a) Any person or company supplying labor or materials
for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under Minnesota law, you have the
right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us
until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave
you timely notice.
DESCRIPTION QTY RATE TOTAL
20 yard MSW box rate (cost is per box): Price does NOT include MN MSW tax. The
quantity of boxes listed is an estimate. You will be billed for the exact number of
boxes used. There is a 5 ton weight limit per box or 20 yard maximum load, whichever
is reached first.
3 850.00 2,550.00T
Track skid loader Grapple onsite to load containers.1 550.00 550.00
If the following items are found during the cleanup project, they will be billed at the
below rates. Cost is per item, you will be billed for each item disposed of.
APPLIANCES/TV's, ELECTRONICS, WATER SOFTENERS, AIR CONDITIONERS 0 50.00 0.00
COMPUTER HARD DRIVE & MONITORS 0 35.00 0.00
COUCH OR CHAIRS 0 35.00 0.00
MATTRESS or BOX SPRINGS 0 35.00 0.00
MOTORS (All fluids MUST be drained!)0 50.00 0.00
PROPANE TANKS 0 20.00 0.00
TIRE 0 20.00 0.00
JOB NOTES:
* We contact Gopher 1 for locates. Gopher State 1 does not locate private utilities.
We are not responsible for any damage done to utilities that are unmarked,
mis-marked, or private.
* Owner is responsible for all erosion of sediment, maintaining any landscaping,
re-seeding/overseeding and washout that may occur.
* We are not responsible for any damage done to driveway with heavy equipment.
* The above price does not include removal of any trees.
* Any of the following hazardous materials will need to be dealt with on a cost plus
basis.
**Batteries
**Florescent Bulbs
**Household Hazardous waste (including, but not limited to fuel)
**Liquid Paint
**Pesticides and Herbicides
**Railroad Ties
0.00 0.00
Page 1
PROPOSAL
DATE
7/30/2018
PROPOSAL #
3608
NAME / ADDRESS
City Of Elk River
Dave Hettrick
13065 Orono Parkway
Elk River, Mn 55330
PROJECT NAME
1772 Tipton Circle, Elk River
SIGNATURE/DATE TOTAL
CONTRACTOR PRE-LIEN NOTICE (Minn. Stat. 514.011 Subd. 1)
This Notice is to advise you of your rights under Minnesota law in connection with the improvement to your property. (a) Any person or company supplying labor or materials
for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under Minnesota law, you have the
right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us
until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave
you timely notice.
DESCRIPTION QTY RATE TOTAL
MN COMMERCIAL MSW TAX 17.00% 433.50
Page 2
_____________________________________
* Customer agrees that by signing this proposal, it becomes a legal binding contract and all invoices will be paid according to Steinbrecher Companies Inc (SCI) terms. Should
there be any circumstances where SCI cannot complete the job, Customer still agrees to pay for time and materials used up to termination of job. * Payment Terms (unless
otherwise noted above) are: Payment is due when customer is invoiced. * All past due amounts are subject to a finance charge at the maximum rate allowed by state law,
plus all costs of collections including attorney fees if incurred. Returned Checks will be charged a $30.00 Fee * Prices above may include sales tax. If you are Tax Exempt please
complete and submit exemption form. * All prices are based on cash or check payment. Alternate payment types may be charged additional 3% convenience fee. * All Parties
agree that a signed, faxed or emailed copy of this form is considered a "Legal Document."
$3,533.50