Loading...
7.1. SR 11-02-2020Request for Action To Item Number Mayor and Council 7.1 Agenda Section Meeting Date Prepared by Public Hearing November 2, 2020 Jason Cook, P.E., Project Manager Item Description Reviewed by Windsor Park 3rd Addition Sewer Extension Justin Femrite, P.E., Public Works Director Reviewed by Assessment Hearing & Project Approvals Cal Portner, City Administrator Action Requested Open the public hearing. At its conclusion, several actions are to be considered: 1. Approve, by resolution, the adoption of the special assessment roll. 2. Approve, by motion, Connection Agreement with Windsor Park 3T`` Homeowners Association. 3. Approve, by motion, lift station easement. 4. Adopt, by resolution, award of bid to G.F. Jedlicki, Inc. Background/Discussion The Windsor Park 3' Addition Homeowners Association (HOA) has a shared use, low pressure sewer system with a failing treatment system. A feasibility report was completed and found the 88 homes in the HOA could connect to the city system by running a new sewer line along Ranch Road from their existing shared drainage field to the forcemain currently being constructed along the Great Northern Trail. Seven competitive bids were received on October 5, 2020. G.F. Jedlicki, Inc. was the low responsible bidder with a total bid of $1,094,582.00. Attached is the bid tabulation of all bids received. Special Assessments The public hearing on the proposed assessments should be opened with a statement to the public that any property owner wishing to appeal the proposed assessments must file a written objection at or before the public hearing tonight, and commence an appeal in district court within 30 days. The written objection can be handed to the Mayor or City Clerk. At the close of the public hearing, the Council should pass a resolution adopting the final assessment roll. Adopting the assessment roll does not commit the Council to the project but is required in order to commence the 30-day appeal period. This public hearing on the special assessment is the final hearing required following the MS 429 special assessment process. Based on the actual bid prices received, the final assessment amounts have been reduced by $378.86 from the original estimates to a total of $22,587.04 per parcel. This total includes all costs associated with the improvement, as well as the Sewer Access Charge and the Trunk Sewer Fee required to be paid per connection to the city system. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei l_ y. M TUREJ Updated.• August 2020 Based on previous direction, Council requested staff to determine added value to the project based on prospective city interests to provide future service to others from this extended sewer system. Based on the unit prices bid, the increases to the project based on planning for future extended use comes out to an added cost of $84,404.32 to the contract. Should the city elect to cover this cost, each assessment would be lowered by $959.14. Connection Agreement The attached Connection Agreement details agreement of where private to public ownership of the sewer collection system. It has been reviewed and signed by the HOA. Lift Station Easement The project plans identify a location for the lift station that requires an easement adjacent to CR 33 for the permanent placement. We have negotiated the purchase of this easement with the affected property owner. Ordering the Project and Awarding of Bid If no written objections to the proposed assessments are submitted, it is recommended the Council adopt a resolution ordering the project and awarding the bid to G.F. jedlicki, Inc., including the Base Bid and Alternate Bid for a total award amount of $1,094,582.00. If written objections are received prior to or during the hearing, it is recommended the Council continue action on a resolution ordering the project and awarding the bid to the December 7, 2020, Council meeting, to see if any appeals of the proposed assessments are filed in district court. The Council can then determine at that time whether to proceed with the project. Financial Impact All project costs will be rolled into the assessments. The improvement contract will be funded through the Trunk Utility Fund and replenished with assessment payments. Mission/Policy/Goal Long Term Council Goal: Extend sanitary sewer service area to the north. Attachments ■ Bid Tabulation ■ Notice to Residents ■ Assessment Roll ■ Resolution Adopting Assessment for the Windsor Park 3T`` Addition — Sewer Extension Project ■ Connection Agreement ■ Lift Station Easement ■ Resolution Awarding the Bid for the Windsor Park 3T`` Addition — Sewer Extension Project N:APublic Bodies\Agenda Packets\11-02-2020\Fugal\x7.lsr Windsor III Assesment 1Nlemo.docx BID TABULATION Windsor Park 3d Addition — Sewer Extension Elk River, MN BMI Project No. R19.122405 Bids Taken: Monday, October 5, 2020 Addendum No. 1 9/24/2020 Time: 10:00 a.m. Addendum No. 2 9/30/2020 BIDDERS BASE BID ALTERNATE TOTAL BID 1 G.F. Jedlicki, Inc. $1,010,752.00 $83,830.00 $1,094,582.00 2 Northdale Construction $1,230,783.45 $141,283.95 $1,372,067.40 3 S.M. Hentges & Sons $1,361,399.44 $122,336.25 $1,483,735.69 4 Minger Construction $1,393,979.50 $182,110.75 $1,576,090.25 5 Meyer Contracting $1,480,482.76 $164,678.50 $1,645,161.26 6 New Look Contracting $1,613,546.00 $225,390.00 $1,838,936.00 7 R.L. Larson Excavating $2,433,158.76 $145,400.00 $2,578,558.76 8 9 10 11 12 13 14 BOLTON • & MENK H:\ELKR\Rl9l22405\6-PLANS-SPECS\B-DOCUMENT CONTROL\ BID\122405 BID TAB.DOC Notice of Hearing on Proposed Assessment City of Elk River Windsor Park 3rd Addition — Sewer Extension October 16, 2020 TO THE OWNER OF PROPERTY AT , P.I.D.. Notice is hereby given that the council will meet at 6:30 p.m. on November 2, 2020 at Elk River City Hall to consider, and possibly adopt, the proposed assessment for the Windsor Park 3' Addition Sewer Extension improvement. Adoption by the council of the proposed assessment may occur at the hearing. The Windsor Park 3' Addition development is the area proposed to be assessed. The maximum amount to be specially assessed against your particular lot, piece, or parcel of land is $22,587.04. The total assessment includes the cost of the improvement, the Sewer Access Charge, and the Trunk Sewer Fee. The improvement cost for the new sewer extension along Ranch Road from the Great Northern Trail to Joplin Street NW, as well as the abandonment of the existing treatment system is $1,345,695.92, based on bids received. This amount reflects $378.86 less per parcel than discussed at the Improvement Hearing and estimated in the Feasibility Report. The fixed connection fees ($5,385.00 Sewer Access Charge and $1,910.45 Trunk Sewer Fee) are also included in the total assessment. These fees are commonly required to be paid upfront, but the City will allow them to be financed with the improvement assessment. The proposed assessment roll is attached. Such assessment is proposed to be payable in equal annual installments extending over a period of 15 years, and will bear interest at the rate of 2.50 percent per annum from the date of the adoption of the assessment resolution. To the first installment will appear on your 2021 property tax statement. You may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Elk River. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the County of Sherburne the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 2.50 percent per year. The right to partially prepay the assessment is available prior to certification of the assessment to the county auditor. Written or oral objections will be considered at the meeting. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. Under Minn. Stat. §§ 435.193 to 435.195, the council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older, one retired by virtue of a permanent and total disability, or a member of the National Guard or other reserves ordered to active military service for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law may, within 30 days of the confirmation of the assessment, apply to the city clerk for the prescribed form for such deferral of payment of this special assessment on his/her property. An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. Justin Femrite, P.E. City of Elk River Chief Engineer Windsor Park 3rd Addition Sewer Extension Final Assessment Roll Bolton & Menk Project # R19.122405 10/09/20 No. PID Block No. Lot No. Property Owner Site Address Trunk Sewer Fee Sewer Access Charge Sewer Extension Improvement Assessment Total Final Assessment EACH EACH EACH EACH Block 1 1 75-694-0102 1 1 LABREC, TONYA 21498 QUEEN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 2 75-694-0104 1 2 SERACKI, THERESA 21488 QUEEN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 3 75-694-0106 1 3 SHARIFF, RICHARD & NIKKI 21478 QUEEN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 4 75-694-0108 1 4 KETLNER, BRANDON R & KELSEY 21468 QUEEN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 5 75-694-0110 1 5 PANICK, KEITH 21458 QUEEN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 6 75-694-0112 1 6 COUGHLIN, SHAUN 21448 QUEEN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 7 75-694-0114 1 7 RUOTSALAINEN, JOEL & SARA 21438 QUEEN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 8 75-694-0116 1 8 BYRNE, JEFFREY & ELISABETH 21428 QUEEN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 9 75-694-0118 1 9 RIEDBERGER 1992 FAMILY TRUST 21418 QUEEN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 10 75-694-0120 1 10 KHANG, JOSEPH & XONGI 21408 QUEEN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 11 75-694-0122 1 11 DANIELS, ERIC J & JENNIFER 21398 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 12 75-694-0124 1 12 JACOBSON, CRISTINE MARY 21394 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 13 75-694-0126 1 13 LEEDS, BENJAMIN JOHN 21384 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 14 75-694-0128 1 14 BART, STEVEN & JENNIFER 21372 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 15 75-694-0130 1 15 CHRISTOPHERSON, BLAKE & CHRISTIANA 21356 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 16 75-694-0132 1 16 IH2 PROPERTY ILLINOIS, L.P. 21346 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 17 75-694-0134 1 17 FOSTER, MARK& PATRICIA 21330 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 18 75-694-0136 1 18 SHERRETT, JIMMIE D & SERENA C 21317 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 19 75-694-0138 1 19 RISHOVD, THOMAS A & MARGARET K 21325 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 20 75-694-0140 1 20 JOHNSON, FAYE A 21331 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 21 75-694-0142 1 21 OSTERMAN, AARON M & JANETTE 21359 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 22 75-694-0144 1 22 GERMSCHEID, WARREN G & LISA L 21375 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 23 75-694-0146 1 23 PLASCH, MATTHEW R & JENNA G 21387 QUEEN CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 Block 2 24 75-694-0202 2 1 SANCHEZ, BERTHA & EDWIN 13878 213TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 25 75-694-0204 2 2 GREENHOE, MATTHEW W & SARAA 13868 213TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 26 75-694-0206 2 3 ILACHOWITZER, CHAD S & MELISSA 13848 213TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 27 75-694-0208 2 4 BRICK, KELLY 13838 213TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 28 75-694-0210 2 5 IFIALLEN, CORY M & AIMEE L 13828 213TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 29 75-694-0212 2 6 IWESTERMEYER, KYNAN & ANGELA 13808 213TH AVE NW $1,910.45 $5,385.00 $15,291.591 $22,587.04 Windsor Park 3rd Addition Sewer Extension Final Assessment Roll Bolton & Menk Project # R19.122405 10/09/20 No. PID Block No. Lot No. Property Owner Site Address Trunk Sewer Fee Sewer Access Charge Sewer Extension Improvement Assessment Total Final Assessment (EACH) (EACH) (EACH) (EACH) Block 3 30 75-694-0302 3 1 KAELKE, BRIAN D & BRENDA M 13885 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 31 75-694-0304 3 2 KLINGELHOFER, RYAN W & SARA E 13875 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 32 75-694-0306 3 3 MARTINEZ, JAMIE E JR 13865 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 33 75-694-0308 3 4 FELSKA, BRIAN & LINDA 13855 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 34 75-694-0310 3 5 HANSON, JEFFREY & DAWN M 13845 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 35 75-694-0312 3 6 BUERKE, PETER & FRANCENE 13 83 5 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 36 75-694-0314 3 7 WEINMANN, DANIEL R & JENNIFER K 13 82 5 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 37 75-694-0316 3 8 KITZROW, JOHN JR & ANGELA M 13815 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 38 75-694-0318 3 9 ENOW, TAKANG 13805 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 39 75-694-0320 3 10 BAUER, MICHAEL G & LYNETTE S 13791 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 40 75-694-0322 3 11 BESCH, JESSICA & PLANKEY, KRISTOPHER 13779 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 41 75-694-0324 3 12 KUHNE, KEVIN S & JENNIFER L 13763 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 Block 4 42 75-694-0402 4 1 TJOSVOLD, RICHARD D JR & CYNTHIA E 13740 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 43 75-694-0404 4 2 RUSTAD, LANE KOHN & KELLY NICOLE 13720 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 Block 5 44 75-694-0502 5 1 IH2 PROPERTY ILLINOIS, L.P. 13747 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 45 75-694-0504 5 2 MELICH, PATRICKJ & CHERYLA 13 73 5 214TH AVE NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 Block 6 46 75-694-0602 6 1 TUKEY, LORI J & DAVID P 21373 NAPLES ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 47 75-694-0604 6 2 BEARSON, ROSS W & SONJA M 21363 NAPLES ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 Block 7 48 75-694-0702 7 1 MONTAGUE, DEREK & STEPHANIE 21407 NAPLES ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 49 75-694-0704 7 2 ANDERSON, CHRISTOPHER & NATALIE 21417 NAPLES ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 50 75-694-0706 7 3 MILLER, JOSHUA & PIPPIN, MADISON 21429 NAPLES ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 51 75-694-0708 7 4 COX, JOHN R & CLARICE M 21437 NAPLES ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 Block 8 52 75-694-0802 8 1 KUPCZYNSKI, LEE R & KIMBERLY J 21458 NAPLES ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 53 75-694-0804 8 2 BAMMERT, CHARLES & BAMMERT-REILLY, C 13701 214TH CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 54 75-694-0806 8 3 OLDAKOWSKI, JEFFREY & MICHELLE 13721 214TH CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 55 75-694-0808 8 4 BAILEY, JASON P & LISA 13731 214TH CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 56 75-694-0810 8 5 ROUNCE, BENJAMEN C & JODI M 13741 214TH CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 57 75-694-0812 8 6 CHINIKAYLO, VLADIMIR & DELCASTILLO 13746 214TH CT NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 58 75-694-0814 8 7 IGOODMANSON, GARY & PATRICIA TRUST 13736 214TH CT NW 1 $1,910.45 $5,385.00 $15,291.59 $22,587.04 59 75-694-0816 8 8 1 SCHOOLMEESTERS, MICHAEL S & SOPHIA 113726 214TH CT NW 1 $1,910.451 $5,385.001 $15,291.59 $22,587.04 60 75-694-0818 1 8 1 9 1COLE, TERRY J & KRISTEN M 113716 214TH CT NW 1 $1,910.451 $5,385.001 $15,291.591 $22,587.04 Windsor Park 3rd Addition Sewer Extension Final Assessment Roll Bolton & Menk Project # R19.122405 10/09/20 No. PID Block No. Lot No. Property Owner Site Address Trunk Sewer Fee Sewer Access Charge Sewer Extension Improvement Assessment Total Final Assessment EACH EACH EACH EACH Block 9 61 75-694-0902 9 1 BITZAN, BRIAN B & ERIKA J 13614 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 62 75-694-0904 9 2 GUSTAFSON, BENJAMIN C 13590 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 63 75-694-0906 9 3 JOHNSON, DOUGLAS A & TAMERA A 13580 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 64 75-694-0908 9 4 HRYTSKEVICH, VICTAR & LIUBOU 13570 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 65 75-694-0910 9 5 NISSEN, BRADLEY T & CINDY R 13560 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 66 1 75-694-0912 1 9 1 6 ASBECK, STEPHANIE M & CHRISTOPHER T 13550 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 67 75-694-0914 9 7 UCHE, ANTHONY & EUCHARIA 13 53 0 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 68 75-694-0916 9 8 BECKER, JAMIE D & LISA M 13520 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 Block 10 69 75-694-1002 10 1 ANDERSON, BRIAN D 13490 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 70 75-694-1004 10 2 FRAMPTON, JAYME L 13480 214TH LN NW $1,910.451 $5,385.00 $15,291.59 $22,587.04 71 75-694-1006 10 3 HARRISON, ADAM J 13470 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 72 75-694-1008 10 4 PAULSEN, JEREMY M & CARRIE A 13460 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 73 75-694-1010 10 5 CHANDLER, BONNETT & RICHARD 13450 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 Block 11 74 75-694-1102 11 1 JANSONS, KAREN 21309 JOPLIN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 75 75-694-1104 11 2 COLE, JUSTIN 21317 JOPLIN ST NW $1,910.45 $5,385.001 $15,291.59 $22,587.04 76 75-694-1106 11 3 WATSON, PHILLIP J & GUTIERREZ, M 21327 JOPLIN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 Block 12 77 75-694-1202 12 1 ELLINGSON, CHRISTOPHER & ANGELA DEE 21335 JOPLIN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 78 75-694-1204 12 2 BAKER, LINDSAY 21349 JOPLIN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 79 75-694-1206 12 3 IH2 PROPERTY ILLINOIS, L.P. 21361 JOPLIN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 Block 13 80 75-694-1302 13 1 KILPELA, GREGG & KATHLEEN 13477 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 81 75-694-1304 13 2 LAGESON, BRIANNA L 13467 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 82 75-694-1306 13 3 SERIF, PATRICIA 13449 214TH LN NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 83 75-694-1308 13 4 BROWN, ROBERT E & DECKER, RITA A 21306 JOPLIN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 84 75-694-1310 13 5 JOHNSON, TRAVIS L & JENNIFER L 21314 JOPLIN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 85 75-694-1312 13 6 SEPEDA, AMANDA & JAMES 21330 JOPLIN ST NW $1,910.45 $5,385.00 $15,291.59 $22,587.04 86 75-694-1314 13 7 OLUND, RONALD P & LORI F 21354 JOPLIN ST NW $1,910.45 $5,385.00 $15,291.591 $22,587.04 87 75-694-1316 13 8 HOLMES, SHAWN R & NICOLE R 121370 JOPLIN ST NW $1,910.45 $5,385.00 $15,291.591 $22,587.04 88 75-694-1318 13 9 IREINKING, GARY R REVOCABLE TRUST 121390 JOPLIN ST NW $1,910.45 $5,385.00 $15,291.591 $22,587.04 Total Assessment $1,987,659.52 *INFORMATION FROM 2020 TAX STATEMENT FROM SHERBURNE COUNTY BEACON 10/9/2020 City of Elk River City of Elk River City Council Resolution 20- A Resolution of the City Council of the City of Elk River Adopting Assessment for the Windsor Park 3"d Addition Sewer Extension Project WHEREAS, pursuant to proper notice duly given as required bylaw, the City Council has met, heard and considered any and all objections to the proposed assessment for the Windsor Park 3rd Addition Sewer Extension Project. The improvements shall consist of a sanitary sewer extension from the Great Northern Trail to the Windsor Park 3rd Addition along Ranch Road. The improvement shall include gravity sanitary sewer, a lift station, and forcemain construction. The proposed assessments are for the above described work as well as the Sewer Access Charge and the Trunk Sewer Fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before May 15, 2021, and shall bear interest at the rate of 2.50 percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from January 1, 2021 until December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days and may, at any time thereafter, pay to the County of Sherburne the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed and adopted this 2nd day of November 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk i SANITARY SEWER CONNECTION AGREEMENT THIS SANITARY SEWER CONNECTION AGREEMENT ("Agreement") entered into this day of , 2020, by and between the WINDSOR PARK THIRD ADDITION HOMEOWNERS ASSOCIATION, INC. ("HOA") and the CITY OF ELK RIVER ("City"). BACKGROUND Windsor Park Third Addition (the "Subdivision") is an 88-lot residential subdivision located outside of the City's Urban Service Area, with no current access to City Sanitary Sewer Services. Sanitary Sewer Service is currently provided to the 88 lots in the Subdivision by means of a shared low-pressure subsurface sewer treatment system ("SSTS"), which has reached the end of its useful life and must be replaced. In lieu of replacing the SSTS, the HOA Board of Directors has requested the City to connect the Subdivision to the City's Sanitary Sewer System. In response to this request, the City has initiated a public improvement project (the "Project") to install an fl- inch gravity sewer line to connect the SSTS to the City Sanitary Sewer System, and to assess the costs of the Project to the 88 lots in the Subdivision. The purpose of this Agreement is to set forth the terms and conditions for connection of the HOA-owned SSTS to the City -owned Sanitary Sewer System. AGREEMENT I. The Project. The parties agree that the Project will include installation of a new 8-inch gravity sewer pipe across Outlot C of the Subdivision, connection of this pipe to the Subdivision's existing 3-inch PVC low-pressure force main, and abandonment of the Subdivision's drain field and recirculating sand filter, all as provided in the plans and specifications for the Project dated . The HOA consents to the City including in the Project, and completing, all work, including any upgrades or improvements to HOA-owned infrastructure, necessary, in the City's sole discretion, to connect the Subdivision's SSTS to the City Sanitary Sewer System. 2. Assessments. The HOA agrees that all City costs related to the Project shall be assessed to the 88 properties included in the Subdivision. Costs to be assessed will include all City costs to complete the Project describe in the plans and specifications, any additional costs to upgrade or replace HOA-Owned Infrastructure, any additional City costs for consultant and staff time related to the Project, and the Trunk Sewer fees and Sewer Service availability charges for 88 single family residential Sanitary Sewer Services, as provided in the City fee schedule. Ownership, repair, maintenance and replacement of City -Owned Infrastructure. A. City will own all infrastructure installed in the Project beginning with the connection to the HOA's 3-inch low-pressure force main, and extending downstream from that point (the "City -Owned Infrastructure"). B. City will be responsible for the repair, maintenance and replacement of the City -Owned Infrastructure. The cost to repair, maintain and/or replace the City -Owned Infrastructure shall be borne by the City or the HOA, according to then -existing City policies applicable to all other properties served by the City's Sanitary Sewer System. 4. Ownership, repair, maintenance and replacement of HOA-owned infrastructure. A. The HOA will install, to the specifications required by the City in its sole discretion, and own, all infrastructure (the "HOA-Owned Infrastructure") necessary to connect the 88 lots in the Subdivision to the 8-inch gravity sewer pipe installed by the City across Outlot C, up to the connection point. The HOA and/or the individual lots in the Subdivision will be responsible for all costs associated with installation of the HOA- Owned Infrastructure, and for the costs to repair, maintain and/or replace the HOA-Owned Infrastructure in the future. Installation and all future repairs or replacement to HOA- Owned Infrastructure shall be subject to City approval and inspection. B. By executing this Agreement, the HOA authorizes the City to install or replace any portion of the HOA-Owned Infrastructure which the HOA has failed to install as required by this Agreement and the Project specifications, and to add the costs of such additional work to the Project costs for assessment to the properties in the Subdivision. C. By executing this Agreement, the HOA authorizes the City to enter on the Subdivision to repair or replace any component of the HOA-Owned Infrastructure which the HOA has failed to repair or replace after notice from City; and to assess the costs of such repair or replacement to the HOA pursuant to Minnesota Statutes, Section 429.101. 5. Discharge to City Sanitary Sewer System. This Agreement authorizes the HOA to connect 88 single family residential lots to the City Sanitary Sewer System. Neither the HOA, nor any individual lot within the Subdivision, shall discharge any effluent to the system other than wastewater from single family residential uses. 6. User Charges. Upon connection of the HOA-Owned Infrastructure to the City Sanitary Sewer System, each lot within the Subdivision shall pay ongoing sewer use charges at the House Unit Flat Charge rate set forth in the City's fee schedule for residential properties not served by the City water utility. 7. Miscellaneous Provisions. A. Entire Agreement. This Agreement incorporates the entire understanding between the parties and supersedes all prior understandings and agreements related to the subject matter. This Agreement cannot be amended, altered or modified, and no provisions can be waived, unless the amendment, change or modification is in writing and signed by both parties. B. Benefit. This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. C. No Waiver. No waiver of any breach or any agreement, covenant or restriction contained herein shall be construed to be a waiver of any other or future breach of the same or other covenants or restrictions. 2 D. Notice Addresses. All notices shall be sent by registered or certified mail addressed as follows: City: City Engineer City of Elk River 13065 Orono Parkway Elk River, MN 55330 HOA: Either parry may, by such notice, designate a new or other address to which notice may be mailed. E. Heading and Captions. The headings and captions of the paragraphs and subparagraphs of this Agreement are inserted for convenience and reference only and shall not constitute a part of this Agreement or a limitation on the scope of any paragraph or subparagraph. F. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable under any applicable law or rule, such provision will be ineffective only to the extent of such invalidity, illegality or unenforceability without invalidating the remainder of this Agreement. G. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. H. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota. I. Authority. The parties each warrant and represent that the person executing this Agreement on its behalf has the authority to do so and to bind said parry to the terms of this Agreement. 3 IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date first written above. CITY OF ELK RIVER By: John J. Dietz, Mayor By: Tina Allard, City Clerk WINDSOR PARK THIRD ADDITION HOMEOWNER'S ASSOCIATION, INC. By: Its: By: Its: S-1 (Reserved for recording) GRANT OF PERMANENT EASEMENT FOR PUBLIC UTILITY PURPOSES CHRISTINE M. KRAJSA, a single person, ("Grantor"), in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF ELK RIVER, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public utility purposes over, on, across, under and through the land situated in the County of Sherburne, State of Minnesota, legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the "Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public utility systems over, across, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain, pave, and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public utility systems. The above -named Grantor, for herself, her heirs, successors, and assigns, does covenant with the City, its successors and assigns, that she is well seized in fee title of the Easement Premises; that she has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Premises; and she will indemnify and hold the City harmless for any breach of the foregoing covenants. 1 212315v2 IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this day of , 2020. GRANTOR: Christine M Krajsa STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me on this day of , 2020, by Christine M. Krajsa, a single person. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt 2 212315v2 EXHIBIT "A" LEGAL DESCRIPTION OF EASEMENT AREA A 35.00 foot wide perpetual easement for drainage and utility purposes over, under, and across that part of the East Half of the Northeast Quarter of Section 17, Township 33, Range 26, Sherburne County, Minnesota, lying adjacent to and to the right of the following described line: Commencing at the most southerly corner of Parcel 6, SHERBURNE COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 25, according to the recorded plat thereof, Sherburne County, Minnesota; thence on an assumed bearing of South 49 degrees 31 minutes 23 seconds East, along the south line of Parcel 7, said SHERBURNE COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 25, a distance of 170.17 feet, to the point of beginning of the line to be described; thence continue along said south line South 49 degrees 31 minutes 23 seconds East, a distance of 85.00 feet and said line there terminating. 3 212315v2 EXHIBIT B Page 2 SURVEYOR'S CERTIFICATION Nw 11 hereby certify that thins sLi rwey, plan„, or report was prepared lby me or under my direct sluperwision and that I am a clLily ILiceinsed Land Surweyor -SOUTH LANE under the laws of the State of Minnesota. OF PARCEL 7 09/24/2M Zd' rew Hlilll Date License Numbe r 57632 PRO,ROSED DESCREPTIGN: A35,00 foot wide Iperpetual e�aser,nentfDirdiraiii,i,agearid utiliftypuirposes over, uridpir,arid alcross,that part of the East Half of the Northeast Quarter of Section, 17, Townshillj, 33, Ranige 26, Sherburne Counity, Minnesota, lylhg adjacent to and to the right of the following described kine: Commencing at the most southlei1y corneir of Parcel 6, SHERIBURNE CO UNITY HIGHWAY RIGHT OF WAY PLAT NO. 25, according to the recorded plat thereof, Sherl),urne Colunty, Minnesota; thenice On an assumed bearing of South 49 degrees 31 minutes 23 seconds East, allang the south line of Parcel 7, said SHERBURNE COUINTY HIGHWAY MIGHT OF WAY PLAT NO. 25, a distaince of 170.17 feet, to, the point of beginning of the line to be described; thence continue along said south line South 413 degrees 31 rrililnutes 23, seconds East, a distanice of 85.,00 feet and said Rhine there terminatin, ,g. SURVEYOR'S NOTES: 1. This SLIIFVe'y Was performed, and the aUrve­ymap prepared, without beinefit of either a title inzurarice commitment of an attorney's title opemon. The record Ibouuinddary and easement informawn (if any) showin hereon is based oin information Iproviiidoed, lby the client. Research of dncuments affecting title to the 1pralperty surveyed or adjorning prDperties has been himited, to a rursory review of record mfuirmation and it is recommended Chat all title matters affecting this property and SLErvey be irevieuwaed by an attumey nrntheir We iprofwassi,raurnall. .'� I @Bolton & Men1k, IInrc.. 202G, All Rights IReseirwed EAS,EMENT EXHIBIT EAST HALIF OF THE NORTHEAST QUARTER OF 209,70 CONCORD STREET, ELK RIVER, M ININ ES,OTA 553,301 SICTION 17, TOWNGH111"33, RANGE 16, SHERBURNE COUNTY, M11 NNESOTA B 7533 SUNWOOD DR NV , SUIITE �206 OLTON &RAP431Y7f33) 43 3-,P01NNE32&51 GTA 55303 IFOAR: C17e OF ELKIRIVER MENK ( JOBNUMBER: R15.122405 FIELD BOOK::: DRAWN IBY: IFIRD 4 212315v2 MORTGAGE HOLDER CONSENT TO GRANT OF EASEMENT FOR UTILITY FACILITIES MIN 100032412200565973 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for the Lender NATIONSTAR MORTGAGE LLC, a Delaware limited liability company, its successors and assigns, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated February 11, 2020, and filed February 19, 2020 as Document No. 886987 with the office of the County Recorder for Sherburne County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent to, and is subject to the foregoing Grant of Permanent Easement. Dated this day of , 2020. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. its STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 2020, by of MORTGAGE ELECTRONIC SYSTEMS, INC., a Delaware corporation, on behalf of the entity. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAWBELL KNITTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt 5 212315v2 [print name] [title] day of the REGISTRATION City of Elk River City of Elk River City Council Resolution 20- A Resolution of the City Council of the City of Elk River Accepting Bid for the Windsor Park 3rd Addition Sewer Extension Project WHEREAS, pursuant to an advertisement for bids for the Windsor Park 3rd Addition Sewer Extension project, for the improvement of a gravity sanitary sewer, a lift station, and a forcemain from the Great Northern Trail to the Windsor Park 3rd Addition along Ranch Road. Bids were received, opened, and tabulated according to the law, and the following bids were received complying with the advertisement: BIDDERS BASE BID ALTERNATE TOTAL BID 1 G.F. Jedlicki, Inc. $1,010,752.00 $83,830.00 $1,094,582.00 2 Northdale Construction $1,230,783.45 $141,283.95 $1,372,067.40 3 S.M. Hentges & Sons $1,361,399.44 $122,336.25 $1,483,735.69 4 Minger Construction $1,393,979.50 $182,110.75 $1,576,090.25 5 Meyer Contracting $1,480,482.76 $164,678.50 $1,645,161.26 6 New Look Contracting $1,613,546.00 $225,390.00 $1,838,936.00 7 R.L. Larson Excavating $2,433,158.76 $145,400.00 $2,578,558.76 and, WHEREAS, it appears that G.F. Jedlicki Inc. of Chanhassen, MN is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The mayor and clerk are hereby authorized and directed to enter into the attached contract with G.F. Jedlicki Inc. of Chanhassen, MN in the name of the city of Elk River for the improvement of a gravity sanitary sewer, a lift station, and a forcemain from the Great Northern Trail to the Windsor Park 3rd Addition along Ranch Road according to the plans and specifications therefor approved by the city council and on file in the office of the city clerk. i 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Passed and adopted this 21id day of November 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Presentation for Final Assessment Hearing to City of Elk River for Windsor Park 3rdAddition — Sewer Extension November 2, 2020 QBOLTON & MENK Real People. Real Solutions. Project Location • Ranch Road NW (CR 33) -Windsor Park 3rd Add to Great Northern Trail (Do Existing Conditions • Sanitary Sewer • 88 home shared sewer system installed in 2002 • 3-inch low pressure forcemain • Drain field and recirculating sand filter Currently in a failed state monitored by the MPCA Proposed Improvements • Sanitary Sewer along Ranch Road NW (CR 33) • 2/3 mile 8" Gravity Sanitary Sewer — Directional Drilled • New lift Station near Concord Street & Ranch Road • 2/3 mile 6" Forcemain — Directional Drilled • To Great Northern Trail Forcemain • Abandon existing drain field in Homeowners Association Has Mq 5m GAUT WWTI FPN TPA[ rDAr.rkAAIN MLY rTnrrq%. EEO FORCEIVAIP, SW ra"Iry 51 YLT R ,G LOW PWSSURE FDqCEPWAPIV I rl:S WINDSDR PARK AP Auair UN P, 10TS UN EXISTING LC3Vi : RESSU 3E FID RC. EMM N cc cc 4� I III IIAT 'All.D :LN 7S FT I r Y L6 1111 00ON4' 91 4 F T Sewer Extension Improvement Project Cost • Sanitary Sewer Improvements • $1,345,659.92 • Sewer Access Charge (88 Connections) • $473,880.00 • Trunk Sewer Fee ($6,,000/acre) • $168,119.60 • Total Project Cost = $1,987,659.52 (Do Sewer Extension Funding • 100% Assessed —Windsor Park 3rd Addition Homeowners Association (HOA): 88 Parcels • $15,291.59 Per Parcel in the HOA • Final Assessments $378.86 less than Improvement Hearing • Sewer Access Charge (SAC) (Connection Charge) • $5,385.00 Per Parcel in the HOA • Trunk Sewer Fee (Cost for System Trunk Improvements) • $1,910.45 Per Parcel in the HOA • TOTAL Estimated Assessment • $22,587.04 Per Parcel in the HOA • 15-year Property Tax Payment Schedule • 2.5% Interest Project Schedule September 8, 2020 • Conducted Public Hearing & Authorize Project • Approved Plans & Specs and Advertise for Bids October 5, 2020 • Received Bids November 2, 2020 • Final Assessment Hearing/Award Bid November 2020 — June 2021 • Estimated Construction Period (Do QUESTIONS?