HomeMy WebLinkAboutVIII-10 Water Service Repair Request - 557 Kendall Drive
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director/City Engineer
Date: July 17, 2023
Item: Water Service Repair Assessment Request – 557 Kendall Drive
COUNCIL ACTION REQUESTED
Enclosed for Council approval is a request from Corey Knutson for the City to pay the cost to repair the water
service line at his property located at 557 Kendall Drive and to assess the costs back to the property. The
cost of the work in this case was $7,000.
BACKGROUND
The City Attorney has prepared an agreement and waiver of assessment appeal detailing out the conditions
and terms of the assessment and protecting the City from an assessment appeal.
The Council is requested to approve Mr. Knutson’s request for the City to fund the water service repair and
assess the cost back to the property under the condition that he first enters into an assessment agreement
with the City.
ATTACHMENTS
Resident Request
Assessment Agreement
VIII-10
VIII-10
VIII-10
Bauer Services of Welch, LLC
Aaron Bauer
26469 130th Ave DATE:March 28, 2023
Welch, MN 55089 FOR:coreyknutson
651-246-9153 INVOICE #3282023-4030
bauerservices@hotmail.com
Corey Knutson
557 Kendall Drive
Hastings, MN 55033
coreyknutson227@gmail.com
AMOUNT
Replace Water Service from curb stop to meter at 557 Kendall Drive
~ Material and Labor $7,000.00
Total Total Due $7,000.00
Thank You For Your Business!
Please make checks payable to Bauer Services.
Please feel free to contact Aaron Bauer with any questions regarding this invoice
at 651-246-9153 or at bauerservices@hotmail.com.
DESCRIPTION
VIII-10
1
PRIVATE WATER SERVICE REPAIR SPECIAL ASSESSMENT
AGREEMENT
THIS AGREEMENT is made this ________ day of _____________, 2023, by and between the
City of Hastings, a Minnesota municipal corporation (“City”), and Corey Knutson, a single person
(the “Owner”).
RECITALS
A. The Owner is the fee owner of a parcel located at 557 Kendall Drive, in the City of
Hastings, Dakota County, Minnesota, legally described as:
Lot 27, Block 2, Cari Park Fifth Addition, Dakota County, Minnesota
Abstract Property
PID: 19-16404-02-270
(“Subject Property”).
B. The City has found that certain repairs to the private water service are required.
C. The Owner has caused the construction of the required private water service repairs.
D. The Owner has requested that the City assess the costs of construction of the
required private water service repairs to serve the Subject Property.
E. The Owner acknowledges that the required private water service repairs benefit the
Subject Property.
VIII-10
2
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. PRIVATE WATER SERVICE REPAIRS. The Owner will hire and approve a
contractor of their choice to construct private water service repairs (“Improvements”) that serve
the Subject Property.
2. SPECIAL ASSESSMENTS. The City agrees to advance the funds necessary for
the water line repairs in return for Owner’s agreement to have the costs assessed against the Subject
Property as provided for in this Agreement. The Owner agrees to pay one hundred percent (100%)
of the cost of the Repairs through the assessment process. The City will assess the Subject Property
the following principal amount for the Repairs: $7,000.00 (“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 5-year period without deferment, together at a rate
of 4.56% 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 first half of property taxes in 2024. Owner further agrees that the City can assess an additional
$50.00 which represents $5.00 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. 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 Improvements. The Owner acknowledges
and agrees that the benefit of the Improvements to the Subject Property does in fact equal or exceed
the Assessment Amount. The Owner also acknowledges and agrees 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 Owner’s successors and assigns. This Agreement may be recorded against the title
to the subject property.
[remainder of page intentionally blank]
VIII-10
3
CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Mayor
By:
Kelly Murtaugh
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this ___ day of , 2023, 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 Minnesota municipal corporation named in the foregoing instrument, and
that said instrument was signed 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
municipal corporation.
Notary Public
VIII-10
4
OWNER:
By:
Corey Knutson
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2023, by Corey Knutson, a single person.
Notary Public
This instrument was drafted by
and after recording return to:
Korine L. Land, #262432
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
651-451-1831
VIII-10