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HomeMy WebLinkAbout#16 - 201 Wastewater Connection for 2916 Legion Ave STAFF REPORT DATE: October 6, 2020 CONSENT AGENDA ITEM: Approve 201 Wastewater System Connection Request for 2916 Legion Avenue. SUBMITTED BY: Chad Isakson, Assistant City Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve the request for 2916 Legion Avenue to connect to the City’s Village Remote A 201 wastewater system? BACKGROUND AND PROPOSAL DETAILS/ANALYSIS: City staff has received a request from the property owners at 2916 Legion Avenue to connect to the City’s Village Remote A 201 wastewater system located on Legion Avenue North. The property’s existing individual onsite wastewater treatment system has been deemed non-compliant and the property is unable to support a replacement system. The property resides within the City’s 2040 MUSA boundaries. The property is currently in the process of being sold. The Village Remote A 201 wastewater system was originally designed to serve 6 properties, however at least one additional property has connected to the system in 2014. Staff recommends that the Council allow connection to the Village Remote A 201 wastewater system contingent upon the property owner entering into an assessment agreement, prepared by the City Attorney, to address the future connection to municipal sanitary sewer when it becomes available. The assessment agreement requires the property owner to acknowledge that they are responsible for all costs to make the connection, including a connection fee to the City in the amount of $8,350. The agreement further states that the City has agreed to grant this connection as a temporary solution until the City’s sanitary sewer system is extended to the property upon which time the property will be required to connect to the public sanitary sewer system within six months. The property is located along 2916 Legion Avenue which is part of the Old Village Phase 7 Improvements currently scheduled in the City CIP for 2023. The property owner has signed the assessment agreement. The connection fee was determined by indexing forward the last fee levied to for a connection to this system (2014) to current 2020 dollars, using the ENR construction cost index. This process is consistent with the connection fee determination for other 201 system connections previously made. FISCAL IMPACT: The City would receive a one-time connection fee in the amount of $8,350 and would retain its ability to fully assess the property at the time that public sanitary sewer is extended to the property. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the connection request for 2916 Legion Avenue to the City’s Village Remote A 201 wastewater system. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve the connection request and assessment agreement for 2916 Legion Avenue to connect to the City’s Village Remote A 201 wastewater treatment system”. ATTACHMENTS: 1. Assessment Agreement. 2. Location Map. ─────────────────────────────────────────────────────── CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ASSESSMENT AGREEMENT THIS AGREEMENT, made and entered into this _____ day of ___________, 2020, by and between the City of Lake Elmo, a Minnesota municipality organized under the laws of the State of Minnesota (the “City”); and Larry J. Neumann and Diana R. Neumann, married to each other (the “Owners”). WITNESS: WHEREAS, the Owners are the owners of property located at: 2916 Legion Ave N., Lake Elmo, Minnesota, 55042 legally described on the attached Exhibit A (the “Property”); and WHEREAS, the Property has a noncompliant septic system; and WHEREAS, the Owners have requested that the Property be allowed to connect to the City’s 201 Wastewater Treatment System, Remote A located on Legion Avenue North (the “System”); and WHEREAS, the City has agreed grant this request as a temporary solution until the City’s sanitary sewer system is extended to the Property upon which time the Property will be required to connect to the sanitary sewer system; and WHEREAS, the City Council approved this request at its meeting on October 6, 2020, subject to the Owners paying a connection fee of $8,350.00 and entering into this Agreement; and NOW, THEREFORE, of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: 1. The Owners may connect to the Property to the System upon paying the City a connection fee of $8,350.00. Payment of the fee must be made prior to connection of the Property to the System. 2. The Owners are responsible for performing all work related to the connection and incurring all costs for constructing, extending, and connecting the Property’s sanitary sewer service line to the City’s two-inch low-pressure force main that is located within the right-of-way of Legion Avenue North. 3. The Owners must retain a licensed contractor and obtain a sewer connection permit from the City before commencing the work. The sewer connection permit application must include a scaled drawing showing all work to be performed including curb stop and valve locations and must be reviewed and approved by the City Building Official. All work must be done in accordance with State Building Code requirements. 4. At such time in the future that the City notifies the Owners in writing that public sanitary sewer service is available, the Owners must, within six months of the date of the notice, connect the Property to the public sanitary sewer system. The Owners agree that in connection with any assessment proceeding, the value conferred on the Property by the availability of public sewer shall be determined based upon the fact that no permanent septic system serves the Property and that the Property’s connection to the 201 wastewater treatment system connection is temporary and would no longer be useable once sanitary sewer service is furnished to the Property. 5. Warranty of Title. The Owners warrant and represent to the City that they are the fee owners of the Property and that they have the authority to execute this Assessment Agreement and agree to the conditions hereof. 6. Binding Effect. The covenants and agreements contained in this Agreement shall bind the heirs, successors, and assigns of the Owners and shall run with the Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form that is recordable among the land records of Washington County, Minnesota. This Agreement shall be recorded at the Owners’ expense. 7. Notices. Any notice or other communication that either party wishes or must give to the other shall be deemed duly given: (i) on the date of personal delivery; or (ii) two days following mailing by certified mail, postage prepaid, return receipt requested, to the following addresses of the parties or to such other address as either party shall designate to the other in writing: City of Lake Elmo: City of Lake Elmo Attn: City Clerk 3880 Laverne Avenue North Lake Elmo, MN 55042 Owners: Larry and Diana Neumann 2916 Legion Ave N Lake Elmo, MN 55042 8. Governing Law. This Agreement shall be interpreted in accordance with and be governed by the laws of the State of Minnesota. 9. Entire Agreement. This Agreement sets forth the entire ag reement of the parties hereto and supersedes all prior agreements and understandings between the parties with respect to the matters contained herein. 10. Amendment, Modification or Waiver. No amendment, modification, or waiver of any condition, provision, or term herein shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by a duly authorized representative thereof and specifying with particularity the extent and nature of such amendment, modification, and waiver. 11. Termination. This Agreement shall terminate upon the Property being connected to the public sanitary sewer system and the City shall thereupon execute and deliver such document, in recordable form, as are necessary to extinguish its rights hereunder. IN WITNESS WHEREOF, the City and the Owners have caused this Agreement to be duly executed on the day and year first above written. [SIGNATURES ON FOLLOWING PAGES] CITY OF LAKE ELMO_ By:_________________________________ Mike Pearson Its: Mayor By: ________________________________ Julie Johnson Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2020, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, of the City of Lake Elmo, a Minnesota municipal corporation on behalf of the City. __________________________________________ Notary Public This document was drafted by: Kennedy & Graven, Chartered (SJS) 150 South Fifth Street, Suite 700 Minneapolis, MN 55402-1299 (612) 337-9284 EXHIBIT A Legal Description of the Property Lot 1, Block 1, Myron Ellman Subdivision, according to the recorded plat thereof, County of Washington, State of Minnesota.