HomeMy WebLinkAboutVIII-16 Approve Sewer Service Repair Assessment Request - 1320 North Frontage Rd.City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski, P.E. – Public Works Director
Date: July 7, 2025
Item: Sanitary Sewer Service Repair Assessment Request – 1320 North Frontage Road
COUNCIL ACTION REQUESTED
Amira Osman is requesting the costs associated with a sanitary sewer service line repair at 1320 North
Frontage Road be assessed. The City of Hastings will pay the total cost of the repairs in the amount of $9,500.
Funds from the MCES Private I&I Grant will be applied to cover 50% of the costs. The remaining 50% of the
balance owed by the property owner ($4,750) is requested to be assessed per city policy.
BACKGROUND INFORMATION
Public Works was made aware of issues at this location in 2024. At that time, the owner hired a contractor for
root cutting in the private sanitary service line. This temporarily fixed the problem. The resident reported
issues the week of June 9, 2025, and it was found to be a broken service. The resident hired a contractor to
repair the private line.
ATTACHMENTS
·Invoice for Work Completed
·Resident Request for Financing
·Data Practices Compliance Acknowledgement
·Assessment Agreement
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Bauer Services of Welch, LLC
Aaron Bauer
26469 130th Ave DATE:June 12, 2025
Welch, MN 55089 FOR:AmiraOsman
651-246-9153 INVOICE#06122025-7139-2
bauerservices@hotmail.com
Amira Osman Attn: Cody Mathisen, P.E.
1320 Frontage Road City of Hastings
Hastings, MN 55033 1225 Progress Drive
Hastings, MN 55033
CMathisen@hastingsmn.gov
651-480-2372
AMOUNT
~ Material & Labor $9,500.00
Total Due $9,500.00
Thank you for your business!
Please make check payable to Bauer Services of Welch.
Please feel free to contact Aaron Bauer with any questions regarding this invoice
at 651-246-9153 or at bauerservices@hotmail.com.
DESCRIPTION
Repair broken sewer with root infiltration at 1320 Frontage Rd
l '^=services j
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Dear City Public Works Department
Hello,My name is Amira Osman.I am a resident of Hastings,
Minnesota.I am writing this letter regarding my plumbing issues.
Occasionally,for the past few years,My toilet would clog and
sewage would back up through underground pipes and into my
home.I’ve called in numerous different plumbing companies to
resolve the issue but the problem would arise again.I’ve recently
contacted a construction crew to dig up my underground pipes,
which they did.They informed me that with total costs and
repairs,I would be paying up to $10,000,in which I am unable to
pay.I am writing to humbly request financial aid from the city in
covering these expenses,which would be greatly appreciated.
Regards,Amira Osman
1320 North Frontage Road
Hastings,MN 55033
612-481-2692
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City of Hastings
Acknowledgment of Compliance with
Minnesota Government Data Practices Act
Every city in Minnesota must comply with the Minnesota Government Data Practices Act
(MGDPA),which,in conjunction with other state and federal laws,classifies all government
data.Government data are classified in different categories depending on whether they are
accessible by the public
Government data means all data collected,created,received,maintained or disseminated by the
city regardless of its physical form,storage media or conditions of use.There is a presumption
that government data are public and are accessible by the public for inspection and copying
unless there is a federal law,state statute or temporary classification of data that provides
differently.
Utility Service Assessment Request
When a property owner requests a utility service repair be assessed,it is the policy of the City ofHastingstoobtainawrittenrequestfromthepropertyownerforsuchrequestandtheCity
Attorney to prepare an agreement and waiver of assessment appeal,spelling out the conditions
and terms of the assessment and protecting the City from an assessment appeal.This written
request,and any additional information obtained from a property owner related to the request,
may be included in supporting documentation presented to the City Council as background
information for acting on the request.The request,and supporting documentation,whether
included in the City Council packet or other City documentation,is classified as public data under
MGDPA.
I have read and understand that documentation submitted to the City Council may be available
and/or released in compliance with MGDPA.
Name
Signature Date
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SANITARY SEWER REPAIR
SPECIAL ASSESSMENT AGREEMENT
THIS SPECIAL ASSESSMENT AGREEMENT (“Agreement”) is made this ___ day of
________________, 2025, by and between the City of Hastings, a Minnesota municipal
corporation (“City”), and Amira Osman, a single person (the “Owner”).
RECITALS
A.The Owner is the fee owner of a parcel located at 1320 North Frontage Road, in the
City of Hastings, Dakota County, Minnesota, identified as PID 19-57701-01-040
and legally described as:
Lot 4, Block 1, Pleasant Acres Second Addition, Dakota County, Minnesota
Together with an easement over Outlot A as set forth in Amended and
Restated Ingress and Egress Easement filed June 21, 2007 as Document
Number 2525357.
(“Subject Property”).
B.The City has determined that certain repairs to the sanitary sewer servicing the
Subject Property are required.
C.The Owner will cause the construction of the required sanitary sewer repairs by
hiring a contractor of their choice.
D.The City will provide the necessary funds to cover the cost of the sanitary sewer
repairs under the terms and conditions of this Agreement.
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E.The Owner understands, acknowledges, and agrees that the funds provided by the
City to cover the cost of these repairs will be assessed in full to the Subject Property.
F.The Owner acknowledges that the required sanitary sewer repairs will benefit the
Subject Property, and specifically waives any appeal to the assessment of the funds
provided herein against the Subject Property.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1.SANITARY SEWER SERVICE REPAIRS. The Owner will hire and approve a
contractor of their choice to perform the repairs to the sanitary sewer (“Improvements”) that serves
the Subject Property.
2.SPECIAL ASSESSMENTS. The City agrees to advance the funds necessary for
the sanitary sewer repairs on the Subject Property in return for the Owner agreeing to have the
costs assessed against the Subject Property as provided in this Agreement. The Owner agrees to
pay one hundred percent (100%) of the cost of the sanitary sewer repairs through the assessment
process. The City will assess the Subject Property the following principal amount for the sanitary
sewer repairs: $4,750.00 (“Assessment Amount”). The Assessment Amount shall be deemed
adopted on the date this Agreement is signed by the City. The Assessment Amount shall be paid
over a five-year period without deferment, together at a rate of 4.93% interest on the unpaid
balance. Interest shall begin accruing thirty (30) days after the City Council’s approval of this
Agreement. The Owner further agrees that the Assessment Amount may be exceeded if the
increases are a result of requests made by the Owner or otherwise approved by the Owner in a
subsequent written document. The first installment shall be due and payable with the first half of
property taxes in 2026. The Owner further agrees that the City can assess an additional $50.00
which represents $10.00 per year for the term of the assessment to offset the fees imposed by
Dakota County for this assessment, plus the City’s administrative fee.
3.WAIVER OF APPEAL. The Owner hereby authorizes the City to certify to the
Dakota County Auditor/Property Tax Assessor a special assessment against the Subject Property up
to the Assessment Amount. The Owner hereby waives all rights to assessment notices, hearings,
appeals, and procedural and substantive objections and all other rights pursuant to Minn. Stat. §
429.061, § 429.071 and § 429.081 for the special assessment against the Subject Property up to the
Assessment Amount, including, but not limited to, any claim that the Assessment Amount against the
Subject Property exceeds the benefit to the Subject Property for the Improvement. The Owner
acknowledges and agrees that the benefit of the Improvement to the Subject Property does in fact
equal or exceed the Assessment Amount. The Owners also acknowledge and agree that the Subject
Property receives a special benefit equal to or exceeding the Assessment Amount.
4.BINDING EFFECT; RECORDING. This Agreement shall be binding upon the
Owner and the Owners’ successors and assigns. This Agreement may be recorded against the title
to the Subject Property.
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CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Mayor
By:
Kelly Murtaugh
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this ___ day of , 2025, before me a Notary Public within and for said
County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of
the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed
to said instrument was signed and sealed on behalf of said municipality by authority of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said municipality.
Notary Public
This instrument was drafted by
and after recording return to:
Greta L. Bjerkness, #0390575
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
651-451-1831
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OWNER:
AMIRA OSMAN
By:
Amira Osman
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of
___________________________________, 2025, by Amira Osman, a single person.
Notary Public
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