RES 25-28--� City of Elk River
ver City Council
Resolution 25-28
A Final Resolution of the City Council of the City of Elk River Accepting the
Petition, Waiver, and Agreement for Payment of the Cost to Design, Bid,
and Construct the Disconnect and Decommissioning of the Meadowwoods
Village Subdivision Private Sanitary Treatment System and Connection to
the City Sanitary Sewer System
WHEREAS, in June of 2025, all owners (" Property Owners") of the 39 properties located
within the Meadowwoods Village subdivision (" Properties"), filed a Petition, Waiver and
Agreement for Payment of the Cost to Design and Bid the Decommissioning of the Existing
Meadowwoods Village Subdivision Subsurface Sewage Treatment System (" SSTS") and
Connecting the Meadowwoods Village Subdivision to the City of Elk River Sanitary Sewer
System, and for Assessment of Amounts Paid as a Special Charge Under Minnesota Statutes,
Section 429.101; and
WHEREAS, the Property Owners, filed a Petition, Waiver and Agreement for Payment of
the Cost to Decommission the Existing Meadowwoods Village Sanitary Treatment Facility
and Connect the Meadowwoods Village Subdivision to the City of Elk River Sanitary Sewer
System pursuant to the plans and specifications; and
WHEREAS, the Property Owners, filed a Petition, Waiver and Agreement for Payment of
the Cost to complete the final purchase of the existing Private Sanitary Treatment System
and Associated Sanitary Gravity Pipe Serving the Properties from the Current
Operator/Owner Natural Systems Utilities (NSU); and
WHEREAS, the Property Owners, filed a Petition, Waiver and Agreement for Payment of
the Cost of construction of Municipal Sanitary Sewer Extension to Connect to the Existing
Sanitary Sewer Pipes Serving the Properties to the City system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows: Click here to enter text.
1. The City accepts the Petition as filed by the Property Owners, which waives all
hearing rights, and finds that the Petition represents all Properties within the
Meadowwoods Village subdivision.
2. Bolton & Menk, Inc. is hereby designated as the engineer for the Project, and J.R.
Ferche, Inc. is the Contractor for the Project.
3. Pursuant to the Petition, the City shall levy a special assessment against each
Property in the Subdivision as 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, for a total amount not to
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exceed $1,535,285.90, which shall be $39,366.31 for each of the 39 lots, as shown on
the attached Exhibit A ("Assessment Roll")
4. The Assessment roll is hereby adopted and shall constitute the special assessment
against the lands named therein, and each and every tract of land therein included is
hereby found to be benefited by the proposed improvement and the amount of the
assessment levied against it.
5. Such assessment shall be payable in equal annual installments extending over a
period of 10 years, the first of the installments to be payable on or before the first
Monday in January 2027 and shall bear interest at the rate of 5.9 percent per annum
from the date of the adoption of this assessment resolution. To the first installment
shall be added interest on the entire assessment from the date of this resolution until
December 31, 2026. To each subsequent installment, when due, shall be added
interest for one year on all unpaid installments.
6. The owner of any property so assessed may, at any time prior to certificate 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 from the
adoption of this resolution; and he/ she may, at any time thereafter, pay to the city
treasurer 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.
7. The 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 16th day of June 2025.
Joe J.
ATTEST:
Tina Allard, City Clerk
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