HomeMy WebLinkAboutVIII-04 Authorize Signature - Sanitary Sewer Service Repair Request - 218 18th Street W. City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director
Date: September 3, 2024
Item: Sanitary Sewer Service Repair Assessment Request – 218 18th Street West
COUNCIL ACTION REQUESTED
Aysha DeWitt is requesting the costs associated with a sanitary sewer service line repair at 218 18th Street
West be assessed to the afore mentioned property. The City of Hastings will pay the total cost of the repairs
upfront in the amount of $6,475.00. Funds from the MCES Private I&I Grant will be applied to cover 50% of the
costs of this repair and this reimbursement will be provided to the City. The remaining 50% of the balance the
property owner is responsible for of $3,237.50 is being requested for assessment.
BACKGROUND INFORMATION
Public Works crews were dispatched to 218 18th Street West in response to a sanitary sewer backup. The
problem was determined to be in the private sanitary sewer service. The property owner (Aysha DeWitt) and
their contractor determined that lining the lateral was a better option than an open excavation. All work was
completed on August 8, 2024.
ATTACHMENTS
•Invoice for Work Completed
•Resident Request for Financing
•Data Practices Compliance Acknowledgement
•Assessment Agreement
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Cody Mathisen, P.E.
From:aysha dewitt <ghs1024@gmail.com>
Sent:Monday, August 5, 2024 3:00 PM
To:Cody Mathisen, P.E.
Subject:Re: 214 18th Street Sewer Repair - Financial Assistance through City of Hastings
Follow Up Flag:Follow up
Flag Status:Completed
The contractor that I am using for this sewer pipe repair is Capra's Utilities. I gave the owner (mike Capra
your phone number and email. The quote he gave me for the lining was $6,475. I can send you the quote
he sent me. I plan to go forward with the city's funding to help me fix this problem. Mike Capra's phone
number is 651-248-0707 and his email is mike@capras.com
On Fri, Aug 2, 2024 at 4:19 PM Cody Mathisen, P.E. <CMathisen@hastingsmn.gov> wrote:
Aysha,
Here is some more information on the things that we talked about today:
1. Sewer Service Repair Grant Program – Click here for our webpage that has more information
a. We still have funds available that can help pay 50% (up to $5,000 max) of your sewer repair
bill
b. In order to get half of your repair paid for by the grant all I need from you is
i. A photo of proof that your service line is impacted by
roots (this can be acquired when the contractor stops by to put the camera in)
ii. Fill out the form I have attached here in this email
and return it to me
2. Financing for your 50% of costs through the City – See attached
a. I will get clarity for you on what step 2 needs to look like where you submit a letter to our
public works director
b. We will be able to finance the costs that you are responsible for over a 5-year period as an
assessment on your property taxes.
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Capra's LJUlld€G lnc.
2340 Leibel Street
White Bear Lake, MN 551 10 US
+16517622500
mike@capras.com
www.capras.com
INVOICE
BILL TO
City of Hastings
Prop€rty owner - Aysha
DeWitt
214 18rh Sr W
Hastings, MN 55033
-'!il .' : '
S€rvlces
Lino the sewer with a Cured ln Place Pipe (CIPP) trom the tront inside
wall ol the house to the PVC that is at or near the curb. wewill line
several feet into the PVC.
Clean, televise and locate the sewer as needed il needed to install ths
liner.
UV cure the liner.
Cut and patch the ,loor as needed to access the piping il needed. There
will be no restoration ol any llooring included.
S€rvlco6
The total cost ol all license and permit lees charged by the City will be
added to the linal invoice.
All labor and materialwill be guaranteed lor a period ol 10 years. llany
part of the liner should lail within the lirst 10 years Capra's will repair /
replace the liner at no cost to the homeowner.
Per Minngsota Statute 514.011: a) Any person or company
supplying labor or rnatsrials tor this improvorner( to your property
may lile a lien aganisi your property if thal peEon or company is
not paid lor the contribdions.
1 1ln" psr month charge on past due accounts.
BALANCE DUE
,rr\^a)lJN I
6,475.00
$6,475.00
3.5% charge on all Credit Cad Sabs
ItwotcE # 7588
DATE 08/08/2024
ouE DATE 08t23t2024
TEBMS Net 15
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City of Hasting:
Acknowledgment of Compliance with
Minresota Government Data Practices Act
Every city in Minnesota must comply with the Mimesota Government Data Practices Act
(MGDPA), which, in conjunction with other state and federal laws, classifies all govemment
data. Govemment data are classified in differ€nt categories depending on whether they are
accessible by the public
Govemment data means all data collected, created, received, maintained or disseminated by the
city regardless of is physical form, storage media or conditions of use. There is a Presumption
that govemment 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 Reouest
When a property owner requests a utility sewice repair be assessed, it is the policy of the City of
Hastings to obtain a written request from the property owner for such request and the City
Attomey to prepar€ an agreement and waiver of assessment appeal, spelling out the conditions
and terms of the assessment and protecting tIrc City from ar assessment apPeal. This wdtten
request, and any additional information obtained from a prcperty owner related to the request,
may be included in supponing documentation presented to the City Council as backgmund
i-nformation 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.
zlLbt
Datc
Name
Signature Date
S
City Staff:Date
w
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PRIVATE WATER SERVICE REPAIR SPECIAL ASSESSMENT
AGREEMENT
THIS AGREEMENT is made this ____ day of ___________________, 2024, by and between
the City of Hastings, a Minnesota municipal corporation (“City”), and Aysha Dewitt, a single
person (the “Owner”).
RECITALS
A. The Owner is the fee owners of a parcel located at 214 18th Street W,, in the City
of Hastings, Dakota County, Minnesota, legally described as:
Lot 6, Block 11, Youngs Addition
PID: 19-88150-11-060
Abstract Property
(“Subject Property”).
B. The City has found that certain repairs to the private water service are required.
C. The Owner will cause 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 will benefit
the Subject Property.
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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 Owners agree 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: $3,237.50 (“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 4.36% interest on the unpaid balance. Interest shall begin accruing thirty (30) days after the
City Council’s approval of this Agreement. The Owners further agree that the Assessment Amount
may be exceeded if the increases are a result of requests made by the Owners or otherwise
approved by the Owners in a subsequent written document. The first installment shall be due and
payable with first half of property taxes in 2025. The Owners further agree 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. The Owners hereby authorize 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 Owners hereby waive 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 Owners
acknowledge and agree 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
Owners and the Owners’ successors and assigns. This Agreement may be recorded against the title
to the subject property.
[remainder of page intentionally blank]
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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 , 2024, 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:
Korine L. Land, #262432
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
651-451-1831
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OWNER:
AYSHA DEWITT
By:
Aysha Dewitt
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of
___________________________________, 2024 by Aysha Dewitt, a single person.
Notary Public
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