4.5 SR 01-17-2023Request for Action
To
Item Number
Mayor and Ci T Council
4.5
Agenda Section
Meeting Date
Prepared by
Consent
January 17, 2023
Brandon Wisner, Engineering Project Manager
Item Description
Reviewed by
Rolling Hills Homeowners Association Petition
Cal Portner, City Administrator
Reviewed by
and Waiver Agreement
Jared Shepherd, City Attorney
Action Requested
Adopt, by motion, a resolution accepting the Rolling Hills Homeowners Association Petition and Waiver for
Design Through Bidding of Decommissioning and Removing the Existing Subsurface Sewer Treatment System
and the Construction and Connection of all 28 Properties to the City of Elk River Sanitary Sewer System in the
Amount Not to Exceed $156,000 and order preparation of plans and specifications.
Background/Discussion
The Rolling Hills Homeowners Association (RH-HOA) Board of Directors requested to connect their subdivision
to the city's sanitary sewer system. This Petition and Waiver will allow the associated costs for design through
bidding to be assessed equally to all benefitted properties the above agreement. The RH-HOA requested a
deadline for agreement, note an expiration of 1-year (January 17, 2024).
The subdivision includes 28 detached single-family homes in the northeast area of the city.
Financial Impact
Not to Exceed $156,000 to benefited properties.
Mission/Policy/Goal
Meet changing needs - Agile
Attachments
Petition and Waiver Agreement (available prior to meeting)
Resolution
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
City of
Elk
*l
River
City of Elk River
City Council
Resolution 22-
A Resolution of the City Council of the City of Elk River Accepting the
Petitioner, Waiver, and Agreement for Payment of the Cost to Design and
Bid the Decommissioning of the Rolling Hills Subdivision Subsurface Sewage
Treatment and Connection to the City Sanitary Sewer System and Ordering
Preparation of Plans and Advertisement for Bids
WHEREAS, all owners of the 28 properties located within the Rolling Hills subdivision
("Properties"), filed a Petition, Waiver and Agreement for Payment of the Cost to Design
and Bid the Decommissioning of the Existing Rolling Hills Subdivision Subsurface Sewage
Treatment System ("SSTS") and Connecting the Rolling Hills Subdivision to the City of Elk
River Sanitary Sewer System, and for Assessment of Amounts Paid as a Special Charge
Under Minn. Statutes, Chapter 429 ("Petition"); and
WHEREAS, the City of Elk River ("City') acknowledges that the SSTS has failed, that the
failure of the SSTS has created a public health and safety hazard; that in lieu of replacing the
SSTS the Owners have collectively agreed to connect the Subdivision to the City of Elk
River Sanitary Sewer System; that the proposal is reasonable and necessary to connect the
Subdivision to the Sanitary Sewer System and to eliminate the public health and safety
hazard from the Properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The City accepts the Petition as filed by the property owners for the Rolling Hills
Properties and finds that it represents all Properties within the Rolling Hills
subdivision.
2. The City shall undertake to Design and Bid the Decommissioning of the Existing
Rolling Hills Subdivision Subsurface Sewage Treatment System Connection of
the Rolling Hills Subdivision to the City of Elk River Sanitary Sewer System
("Pro)ect").
3. City staff is directed to perform title work on all Properties in the Petition, which
is an administrative cost of the Project.
4. Bolton & Menk, Inc. is hereby designated as the engineer for the Project. The
engineer shall prepare plans and specifications for the making of such
improvement.
i
5. Pursuant to the Petition, the City shall levy a special assessment against each
Property in the Subdivision as an unpaid special charge pursuant to Minnesota
Statutes, Section 429.031, subd. 3, in the amount of the total cost of the Project,
including all City administrative and other costs attributable to the Project, in
equal amounts to each of the 28 lots in the Subdivision, for a total amount not to
exceed $156,000, which shall be a not to exceed amount of $5,571 for each of
the 28 lots.
6. Upon acceptance of the plans and specifications by the City Council, the city
clerk shall prepare an advertisement for bids upon the making of such
improvement under such approved Plans and Specifications in accordance with
state law.
Passed and adopted this 17th day of January 2023.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
i
PETITION, WAIVER, AND A(3'REEMENT FORTAYMENT OF THE COST'-K) DESIGN
AND BID'111E DECOMMISSION-M OF THEEXIS17ING R.011,INGHILLS
SUBDI'VISION SUBS TJRF ACE SEWAGE TREXIMEN'I" SYSTE WAND CONN] �K,711�16
lyr - 'RC E CITY OF ELK RIVER SANIT � Z 'ILE MLING HILLS SUBDIVISION ".170TH ARY SEWEl
SYSTEM, AND FOR ASSESSMEN F OFAM-01,JNTS PAID AS A SPI]CIAL CHARGE
k JNDER-MINNESOTA STM1Y.TES CHAPTER 429.
'170: City Council omfthe City of Elk River
The unders1,gned owners (the Owners), ofthe 28 properties (the Pr(,)Perties) located
vVitldn. the Rolling flills subdivision (Subdivision) ws legally described on the signature page of
this Petition, Waiver and Tee meat: (Abrrerment'),, petition. the City of Ell-c River (the, City) to
1,,w.rfomi. and to pay the costs ofthe desip- through. bidding fin deconunissioning and removing
the exisfting Substzffice Sewer Treatment System (SST . S) and. the constrtiction and connecfion all
28 propfffties i.n the Suhdivisicm to tlae it of Elk.River Sanihiry Seiver Systetri The P roject,
including estimated costs, (.1aTges an.d toy s, is described in.more detail on.Eihibit A atta&hed
hereto. 'The ngject as contemplated herein includes only design. througJi bidding and not
consfi-tu,tion costs related to removal of the SS FS or irastallation of a Sanifiwf Sewer y tonnnn.
con-riection,
The Owners, ffirther petition the Ci�,y to levy Inca mural assessmran,tagainst each.N,-operty in
the Siibdivision as an. unpaid spe(.:ial charge pursuant to Minnesota Staftites, Section 429.101 in
the amount of the total. cost of the- N-Oiect, including all (sit y administrative mild other costs
attributable to the ProJect, in. equal. amounts to each of the 28 lots in the, Sul)division, 41yr a total
amount not, to exceed $156,000, M.-ficlishall be $5,571 for each. of the 28 lots,
Owners acknowleAfge and agree: (1) that, the SST'S has failed; (2) th2tthe failure of the
SSTS 1-ii.as areate-d. a public health and safety Ins. zaii-,.,d; (3) that in lieu of replacing the 'I" the
Owners have collectively mu roved to, connect the Subdivhiion tothe ( "ity o.f.Elk River Sanitary
Sewer System; (4) that the Project as descrilvd on Exhibit A. is reasonable and necessary to
ecninect the Subdivision to tile, antoSewer System. and to eliminate the public health. and
safety.hazard from the Properties; (5)that the Eslimated Cost ofthe h� cject, as identified on
Exhibit A is reasrmable wid necessmy to complete, the, Project and is the responsibility of
Owners; and (6) that Ovniiiers havtt beeri provided the opllortunity to pay the Cost of the Project
Without the City's involvement and have elected., instead, to petition the Citytom pay the Cost ol,
the Prqject. and to assess the full. arnomt of the Cost of tile Project to the Projperties.
Owners acIrnowledge that, the City may accept or rtgect this Pt-lition, Waiver kind.
C.T , e ,lion, f0T.L ally reaSon,
Agreement in the City's some ell or inchading, but not Ifinited to, time
availability f,.)f City funds to pay the Cost o.f fhe Project and agree, if the City acceptm this
Petition, Waiver and Agreement: (1) to rAovide the City, with the necessary information,
consents and other approvals reqtdred for the City to to complete the Project; (2) that the Project
shall be contracted by the City pursuant to the City' s normal procedures and as, req uire Iby
Minnesota law; (3) that the City shafll bear oniy that responsibility for or h"ability related to the
performance of the Project as is provided ky law; (4) that (3writzs shall hold harmless and.
indpaiuift..y the City firarn any clafirns related to the perrormance c,& the Project; (6) that, upon
completion and acceptance of the Project, City sball ?,:nake payment to the CiWs contractoT or
other parties who completed the Project in an amount not to exceed the Cost of the Project
identified on Exhibit A; (7) that payment by the City of the Cost of the Project shall create an
unpaid special charge against the Properties; (8) that this unpaid special charge shall be specially
assessed against each Property within the Subdivision by the City as allowed by Minnesota
Statutes, Section 429.101, subd. 1(a)(3); (9) that the City will conduct this assessment pursuant
to the procedures in Minn. Stat. Ch. 429; and (10) that the special assessment shall be payable in
10 equal annual installments with interest accruing on unpaid installments at the rate of 3.69%.
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
Properties for the Cost of the Project; expressly agree that any amount assessed for the Project
that is equal to or less than the maximum amount set forth in Exhibit A is reasonable; expressly
waive any claim that any 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 the Project; and expressly agree to pay when due all assessments levied for the Cost
of the Project.
Owners represent and warrant that they are the fee Owners of the Properties as identified
on the signature page of this Petition, Waiver and Agreement; agree to make payment of all
assessments levied pursuant to this Agreement for payment of the Cost of the Project; 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
Agreement 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 Properties.
[Signature pages to ollow]
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Address: 9708 226TH AVE NW, ELK RIVER MN
Legal Description: LOT Z BLK 1
Owner: Rothstein, Paul
el 10 .... .......
Dated: Signature: 4
Owner: Rothstein, Paulq�Marie Berg__ —...—,----
I
Signature: 6,, Dated:
Address: 9668 226TH I .N NW, ELK RIVER MN_,,
Legal Description* LOT 1, BLK 1
Owner: Dickinson, Mark
S ignature Dated:
Owner: Dickinson, Ate.—
1 111 4
Signature: Dated:
Address: 9726 226TH AVE NW, ELK RIVER MN
Legal Description: LOT 3, BLK I
Owner: Hanson, Lee H
Signature: Dated:
Owner: Hanson, Megan
Signature: Dated:
S-1
Address: 9744 226TH AVE NW, ELK RIVER MN
Legal Description: Lot 4, BLK 1
Owner: Becker, Randy
Signature: Dated:
Owner: Kiifoyl, Tnna -s-
Signature:, Dated: , r `
Address: 9778 226TH AVE NW, ELK RIVER MN
Legal Description: LOT 5, BLK 1 SUBJECT TO EASE OF RECORD_
Owner: Dotray, Thomas W
/0
Signature: �_..._ W� _ _ __'� ��� _ Dated: cJZ
Owner: i Urc� I I Am aA
Signature: __ Dated:
Address: 9840 226TH CT NW, ELK RIVER MN
Legal Description: LOT 1, BLK 2
Owner: Reimer, Billy Dean
>Llet
Signature:...... , � , °1z'----- Dated:
Owner: Reimer, Dawn M�
Signature: " A ' "lJf _ Dated:
S-2
Address: 9850 226TH CT NW, ELK RIVER MN
Legal Description: LOT 2, BLK 2 ,,__
Owner: Nordstrom, Mark S
Signature: Dated: -di-
- 2
Owner: Nordstrom, Barbara A,_
Signature: Dated: l c
Address: 9878 226TH CT NW, ELK RIVER MN
Legal Description: LOT 3, BLK 2
Owner: Erickson, Lori K
Signature:; _ . _...............-.. Dated:
Owner:
Signature:
Address: 9916 226TH CT NW, ELK RIVER MN.
Legal Description: LOT 4, BLK 2
Owner: Burton, Charles M III -
Signature:
Owner: Burton, Kristin M
Signature. ( h o'v--n -
S-3
Dated:
Dated:
Dated: u
423�--
Address: 9919 226TH CT NW, ELK RIVER MN�
Legal Description: LOT 5, BLK 2
Owner: Doll, Jason M
L—
Signature � , n ,,.. ry Dated: 1 Z
Owner: Doll,
SignatureDated: / 2 �-
Address: 9909 226TH CT NW, ELK RIVER MN
Legal Description: LOT 6, BLK 2
Owner: Anderson, Robert
Signature: Dated: _..®.�.... a,�..............�.�.......��
Owner: Anderson,Lori,,'
Signature. a "" Dated:
Address: 9881 226TH CT NW, ELK RIVER MN
Legal Description: LOT 7, BLK 2
s
Owner: Fishback, John A
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Signature:Dated: ...._........
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Owner: Fishback, Card �a,����'�,�,�,�,
Signature: _ aef --- � ._ Dated: it
S-4
Address: 9841 226TH LN NW, ELK RIVER MN__,___
Legal Description: LOT 8, BLK 2
Owner: Dezurik, Anthony L.,
/'S�
Signature ,-°'�'� � .., Dated:
Owner:
Signature:
Address: 9833 226TH LN NW, ELK RIVER MN
Legal Description: LOT 9, BLK 2
Owner: Jurrens, Nicholas L
Signature:
Owner: Jurrens, Shannon M
Signature
Address: 9819 226TH LN NW, ELK RIVER
Legal Description: LOT 10, BLK 2
Owner: Ascheman, Tim
Signature: / z-
Owner: Ascheman, Diane
Signature:---"' „4" ` A I
S-5
Dated:
Dated: / -i"z ;,-73
Dated: p �/
Dated:
Dated: % - a-3
Address: 9807 226TH LN NW, ELK RIVER
Legal Description: LOT 11, BLK 2
Owner: Wagner, Jamie R 7
a' �� � -I'-
l L � � ,- .. Dated: Signature
u
Owner:
Signature:
Address: 22681 CLEVELAND ST NW, ELK RIVER MN
Legal Description: LOT 1, BLK 3
Owner: Smith, Jasi
Signature:
Owner: Smith, Kait
Signature:
Address: 9753 226TH LN NW, ELK RIVER MN
Legal Description: LOT 2, BLK 3
Owner: Erickson, l
Signature:
Owner: Erickson,
Signature
Dated:
Dated:
.Dated:
Dated: l I d2z
Dated: ' ` ,. I Z �"
S-6
Address: 9729 226TH LN NW, ELK RIVER MN
Legal Description: LOT 3, BLK 3
Owner: Betts, Peter A—,.—
Signature: ��' "� �"° Dated:
Owner: Betts,
.m ,
Signature: ;r_ � "X� Dated:
Address: 9713 226TH LN NW, ELK RIVER MN
Legal Description: LOT 4, BLK 3
Owner: Rick, Kyle
A
Ile I
Signature: �¢� Dated:
Owner: Rick, Erin
IL
Signature: r
Address: 9695 226TH LN NW, ELK RIVER MN__._
Legal Description: LOT 5, BLK 3
Owner: King, David
Owner: King, Jennifer
Signature:
S-7
Dated: I �Z- 2,-3
Dated: /I
Address: 9679 226TH LN NW, ELK RIVER MN
Legal Description: LOT 7, BLK 3 y
Owner: Dorff, Christopher D
I0Signature. ����� ,°oDated:
Owner:
Signature: Dated:
Address: 9838 226TH LN NW, ELK RIVER MN,
Legal Description: LOT 1, BLK 4
Owner: Stone, Nathan Z
Signature- �� � Dated: I 2 �Z 3Z
Owner: Stone, Cassandra L
Signature: �:�'.�"���-a...�_.�... Dated: �� • �'T
Address: 9804 226TH LN NW, ELK RIVER MN
Legal Description: LOT 2, BLK 4
Owner: Smith, Samuel E H
Signature: Dated:
Owner: Smith, Peggy D y ,
Signature: Dated:
M
Address: 9740 226TH LN NW, ELK RIVER MN_._,._
Legal Description: LOT 3, BLK 4
Owner: Thunell, Alicia
Signature.
we
Dated:
Owner:
Signature: Dated:
Address: 9696 226TH LN NW, ELK RIVER MN_
Legal Description: LOT 4, BLK 4
Owner: Moudry, Benjamin D
w ,
Signature """„ Dated:
Owner: Moudry, Nicho e � le Y.
Signature Dated:
� � �� . � � � � � � .,,
Address: 9717 226TH AVE NW, ELK RIVER MN
Legal Description: LOT 5, BLK 4
Owner: Thom, Darin i,
Signature �� '"" Dated: fG
Owner: Thom, Kristina M a�
,. - j
i
Signature:fi Dated'
S-9
Address: 9771 226TH AVE NW, ELK RIVER MN____,
Legal Description: LOT 6, BLK 4
Owner: Rosstedt, Derek—,�Qr,-,,
Owner: Rosstedt,
S-10
Dated:
Dated:
For Office Use
Application Approved:
Permit No(s):
Project completed on:
Approval for Final Payment:
Un
Date:
Date:
S-11
EXHIBIT A
Items Within Project Planning and Design
Decommission Existing System
Lift Station W/ Odor Control
6" Forcemain (29,500 LF)
Installation of Electrical and Communications to Site
Air Relief Manholes 11 EA
Backup Generator
Street Patching, Traffic Control & Restoration
Contingencies
Engineering & Administration
Permitting
Easement Acquisition
Sewer Access Charge (2023 Rate)
Trunk Sewer Fee (2023 Rate)
Items Within Project Planning and Design
A-1