4.8 SR 10-17-2022Request for Action
To
Item Number
Mayor and City Council
4.8
Agenda Section
Meeting Date
Prepared by
Consent Agenda
October 17, 2022
Zack Carlton, Community Development Director
Item Description
Reviewed by
Maintenance and Special Assessment
Jared Shepherd, City Attorney
Agreement: 617 Gates Avenue
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the maintenance and assessment agreement for 617 Gates Avenue.
Background/Discussion
Code Enforcement has been working with the property owner at 617 Gates Ave to address a number of city
ordinance violations related to property maintenance and standards. The owner has made significant progress
from where our discussions began, but the work has reached the limits of what he can handle on his own. City
staff have spoken with the owner, and he has agreed to sign the attached maintenance and assessment agreement
for the final clean-up on his property.
Staff met onsite with the owner and three separate companies in order to receive the most practical quote for the
required cleanup. We reviewed the options with the owner, and we will be moving forward with a local contractor.
The attached document outlines the work to be completed along with the proposed price. Upon Council approval,
we will finalize the agreement and work with the contractor to complete the work as soon as possible.
Financial Impact
The city will pay the initial invoice from the contractor, but per the agreement we will be reimbursed through a
special assessment. The assessment may be spread out over several years in accordance with our financial policies.
Mission/Policy/Goal
Help, not hinder citizen quality of life
Attachments
■ Maintenance and Special Assessment Agreement
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
MAINTENANCE WORK
AMD
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this 171h day of October, 2022, by and between the CITY OF ELK
RIVER, a Minnesota municipal corporation ("City") and MARVIN D. ZINNER, ("Property
Owner").
RECITALS
A. Property Owner is the owner of property ("Subject Property") having a street
address of 617 Gates Ave NW, Elk River, Minnesota, 55330, with PID No. 75-417-0420, legally
described as:
Lot 42, Walker's Addition Revised, Sherburne County, Minnesota
B. The City has requested that Property Owner properly landscape, mow, and maintain
the yard on the Subject Property as required by City Code and as further described on Exhibit A
("Maintenance Work").
C. Property Owner has failed to undertake the Maintenance Work and has requested
that the City or its agents enter the property and perform the Maintenance Work and assess all
costs associated with the Maintenance Work (collectively the "Fees") against the Subject Property,
as a service charge as authorized by Minnesota Statutes § 429.101.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE
PARTIES AGREE AS FOLLOWS:
1. MAINTENANCE WORK. Property Owner shall permit the City and its agents
to enter the Subject Property and perform the Maintenance Work to bring the Property into
Compliance with City Code. Property Owner agrees that the City may, at its sole discretion,
discard any refuse or debris as necessary to complete the Maintenance Work.
2. CONSENT. Property Owner and his successors and assigns hereby consents to the
entry onto the Subject Property by the City and its successors and assigns, including any contractor
hired to complete the Maintenance Work, for the purpose of completing the Maintenance Work.
Property Owner further consents to the City and its successors and assigns discarding any refuse or
debris as necessary to complete the Maintenance Work, and hereby waive any and all right to such
property.
3. SPECIAL ASSESSMENT. The Property Owner shall be immediately
responsible for paying all Fees. The City will assess the Fees against the Subject Property. The
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special assessment shall be deemed adopted on the date this Agreement has been signed by all
parties. The cost shall be payable with taxes beginning in 2023. The maximum amount of the
assessment under this Agreement shall not exceed $6,985.00.
4. WAIVER Property Owner, his successors and assigns, waives any and all
procedural and substantive objections to the Maintenance Work and special assessment, including
but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the
Subject Property. Property Owner waives any appeal rights otherwise available pursuant to Minn.
Stat. § 429.081.
5. RELEASE. Property Owner and his successors and assigns, hereby
unconditionally release and forever discharge the City, its elected officials, employees, agents, and
insurers from any and all claims and causes of action of whatever kind or nature that is in any way
connected with or related to the Maintenance Work. The Property Owner shall indemnify and hold
harmless the City and its officers, agents, and employees from and against all claims, damages, and
losses, or expenses, including attorney fees, which may be suffered or for which they may be held
liable, rising out or resulting from the assertion against them of any claims, debts, or obligations in
consequence of the performance of this Agreement by the City, its employees, agents, or
subcontractors, to the extent allowed by law.
6. BINDING EFFECT; RECORDING. This Agreement shall be binding upon
Property Owner and his successors and assigns. This Agreement shall run with the land and may
be recorded against the title to the Subject Property.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date
written above.
[Remainder ofpage intentionally left blank]
[Signature page to follow]
2
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CITY OF ELK RIVER
BY:
John J. Dietz, Mayor
AND:
Tina Allard, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this day of
, 2022, by John J. Dietz and by Tina Allard, respectively the Mayor and City
Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation
pursuant to the authority granted by its City Council.
Notary Public
PROPERTY OWNER:
Marvin D. Ziner
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this day of
2022, by Marvin D. Ziner.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
612-452-5000
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EXHIBIT A
[Description of Maintenance Work]
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Greenscape Companies, Inc.
11684 219th Ave NW
Elk River, MN 55330
Phone # 763-441-2141
Fax # 763-241-1818
Name / Address
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Greenscape
C_AwGfsompe, • lrr%961t'�ow • TLcy
Proposal
Date
Estimate #
10/11/2022
7902
Chris Stokke
612-308-7165
Customer E-mail
Customer Phone
Terms
E-mail
chris(a greenscapecompames.com
gschultz(a elkrivermn.gov
763-238-0987
Payment Upon
Completion
Description
Total
* Proposal for Landscaping at:
617 Gates AVE
Elk River MN 55330
Clean Up Lot and bring up to code:
6,985.00
* Remove Brush and Volunteer Trees/Suckers
* Trim Trees 12-1511. Up
* Trim Tree Branches that are reaching roof
* Clean Out Gutters
* Haul Junk to Landfill (1-2 dump truck loads)
* Haul out branches and brush
* Clean up plant beds
Sales Tax
0.00
We look forward to working with you!
Total
$6,985.00
Proposal Accepted By:
Date: