HomeMy WebLinkAbout2014-07-16 PACKET 04.M. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #�
DATE 7/16/14 • �
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PREPARED BY: Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST
Consider ordering the nuisance abatement of the property at 8285 River Acres Road.
STAFF RECOMMENDATION
Adopt th resolution ordering the nuisance abatement at 8285 River Acres Road.
BUDGET IMPLICATION: $ $
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
DATE REVIEWED APPROVED DENIED
❑ PLANNING ❑ ❑ ❑
❑ PUBLIC SAFETY ❑ ❑ ❑
❑ PUBLIC WORKS ❑ ❑ ❑
❑ PARKS AND RECREATION ❑ ❑ ❑
❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑
❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑
❑ ❑ ❑ ❑
SUPPORTING DOCUMENTS
� MEMO/LETTER: Memo from Emily Schmitz dated 7/9/14
� RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATOR'S COMMENTS
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L�l �
ity Administrator Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
/ Grove
� P�ide andpCOSperity Meet
TO: Honorable Mayor, City Council, and Ryan Schroeder
FROM: Emily Schmitz, Code Enforcement
DATE: July 9, 2014
RE: Nuisance Abatement at 8285 River Acres Road
Background
In early May 2014 a complaint was received regarding a dead tree at 8285 River Acres
Road. City Forester Steve Bowe inspected the tree and confirmed the oak was in fact
deceased and should be removed per safety concerns from the neighboring property.
A notice was sent on May 27, 2014, notifying the property owner that the violation must
be corrected no later than June 10, 2014. On June 9, 2014, a conversation with the
property owner, Hilda Dunbar, revealed that she will not remove the nuisance and is not
opposed to the City abating the violation and assessing of costs to her property.
Recommendation
That the City adopt a resolution ordering the nuisance abatement of the property at 8285
River Acres Road.
RESOLUTION NO. 2014-XXX
RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS
CREATING A NUISANCE AT 8285 RIVER ACRES ROAD
WHEREAS, Hilda Patricia Dunbar ("Owner") owns property commonly known as 8285
River Acres Road (the "Property"), located in the City of Cottage Grove ("City"); and
WHEREAS, a dead tree on the Property is found to affect the health and safety
conditions to the adjoining areas in the surrounding neighborhood, and is therefore a public
nuisance pursuant to Cottage Grove City Code Title 4-4-5(A); and
WHEREAS, a letter was sent to the Owner on May 27, 2014, with notice to bring the
Property into compliance by June 10, 2014; and
WHEREAS, a re-inspection on or about June 10, 2014, revealed that no progress had
been made to bring the Property into compliance; and
WHEREAS, the Cottage Grove City Code, Section 4-1-6, provides that the City may
order the Director of Public Works to abate a nuisance upon 10 days notice to the property
owner. The costs of abating the nuisance are to be billed to the owner and, if not paid,
assessed as a special assessment and certified to the owner's property taxes; and
WHEREAS, the Owner has agreed that if she fails to remove the nuisance, the City is
authorized to abate the nuisance and assess the costs against the Property.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage
Grove, County of Washington, State of Minnesota, as follows:
1. As described above, the conditions at the Property constitute a"nuisance" within
the meaning of Cottage Grove City Code Titles 4-4-5.
2. By this Resolution, the City provides public notice of its intent to abate nuisance
conditions maintained at 8285 River Acres Road in the City of Cottage Grove in
the exercise of the City's police powers by removing the dead tree. The City
assumes no liability or obligation for any damage, destruction, or loss of property
located at 8285 River Acres Road resulting from the abatement of nuisance
conditions on the property.
3. If the Owner does not abate the nuisance conditions within ten (10) days after
service of this Resolution, the Director of Public Works, and such other staff as
necessary shall abate and eliminate the nuisance conditions.
4. City staff shall keep a record of the cost of abatement. Thereafter, the Finance
Director shall prepare a bill and mail it to the Owner for payment. In the event
payment is not received within thirty (30) days, the City Clerk shall assess the
costs by certifying the amount thereof to the County Auditor.
Resolution No. 2014-XXX
Page 2 of 2
5. If the City abates the nuisance and the Owner fails to pay the costs therefor, the
City is authorized to execute the attached Assessment Appeal Waiver
Agreement with the Owner, in which the Owner waives the right to challenge the
assessment.
Passed this 16th day of July 2014.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
CITY OF COTTAGE GROVE
ASSESSMENT APPEAL WAIVER AGREEMENT
FOR TREE REMOVAL AT 8285 RIVER ACRES ROAD
THIS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER ("Agreement") is
entered into and effective as of the day of , 2014 ("Agreement Date"), by
and between the Ciiy of Cottage Grove, a Minnesota municipal corporation ("City"), and Hilda
Patricia Dunbar, a single person ("Owner").
WITNESSETH:
WHEREAS, the Owner is the fee simple Owner of property located at 8285 River Acres
Road South, Cottage Grove, Washington County, Minnesota, legally described as Lot 17, Houses
River Acres that will be benefited by the Project; and
WHEREAS, the City will remove a dead tree on the Property; and
WHEREAS, the Owner is willing to agree to the levy of the Assessment Waiver Amount
against the Property for the Assessment Tei�n with interest accrual at the Assessment Interest Rate to
pay for the cost of the Project; and
WHEREAS, the Owner is willing to waive his assessment appeal rights up to the Assessment
Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429
in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's effoi�ts to install
the Project.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the
other contained in this Agreement and other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto do covenant and agree as follows:
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ARTICLE I
THE AGREEMENT
Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and
agreements between the Owner and the City with regard to the Property and the Proj ect including the
Owner's waiver of assessment appeal rights up to the Assessment Waiver Amount which constitutes
an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by
Minnesota Statutes § 462.3531 in return for the City's efforts to facilitate the collection of funding for
the Project.
Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and
shall ter7ninate upon the expiration of the Assessment Term (or upon prepayment of the levied
assessment).
ARTICLE II
DEFINITIONS
Section 2A1 De�nitions. The following are terms used in this Agreement. The meanings as
used in this Agreement shall be expressly indicated below, unless the context of this Agreement
requires other�wise:
(a) Agreement: This Agreement to memorialize the covenants and agreements between the
Owner and the City with regard to the Property and the Project including the assessment
appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner
authorized by Minnesota Statutes § 462.3531.
(b) A�eement Date: The date written in the first paragraph of the Agreement.
(c) Assessment Interest Rate: The special assessment levied against the Properry shall accrue
interest at a rate of seven percent (7.0%) per year for the Assessment Term.
(d) Assessment Tei�n: The term of the special assessment levied against the Property shall be
one (1) year.
(e) Assessment Waiver Amount: The total Assessment Amount is $4,900.00, which is
commensurate with the estimated special benefit of the Project to the Property.
(� C�: The City of Cottage Grove, a Minnesota municipal corporation.
(g) Project: The repair of a public sidewallc in fiont of the Property.
(h) Owner: Hilda Patricia Dunbar, a single person.
(i) Pro e: The property located at 8285 River Acres Road South., Cottage Grove, MN 55016,
(Washington County Proper�ty ID #33.027.21.31.0004) and as legally described as Lot 17,
Houses River Acres.
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ARTICLE III
COVENANTS AND AGREEMENTS
Section 3.01 Covenants and A�reements of the Owner. The Owner covenants and
agrees with the City that:
(a) Assessment Appeal Waiver: Owner hereby authorizes the City to certify to the
Dakota County Auditor/Proper-ty Tax Assessor a special assessment against the
Property up to the Assessment Waiver Amount for Project.
The Owner hereby waives all rights to assessment notices, hearings and appeals, and
all other rights pursuant to Minnesota Statutes § 429.061, § 429.071 and § 429.081 for
the special assessment against the Propei�ty up to the Assessment Waiver Amount.
The Owner hereby waives any and all procedural and substantive objections to the
special assessment up to the Assessment Waiver Amount against the Property,
including, but not limited to, notice and hearing requirements and any claim that any
or all of the Assessment Waiver Amount against the Proper�ty exceeds the benefit to
the Properry for the Project. The Owner acicnowledges and agrees that the benefit of
the Project to the Property does in fact equal or exceed the Assessment Waiver
Amount. The Owner also acknowledges and agrees that the Property receives a special
benefit equal to or exceeding the Assessment Waiver Amount.
The City and the Owner acknowledge and agree that the Owner's waiver of
assessment appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the
Assessment Waiver Amount by operation of Minnesota Statutes § 462.3531. The City
and the Owner acknowledge and agree that the Owner may appeal any special
assessment above the Assessment Waiver Amount.
(b) Owner's Covenant Not to Sue the Citv: Owner hereby covenants with the
City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate
the levied assessment, or for other relief fiom the payment of the City's levy of a
special assessment up to the Assessment Waiver Amount against the Property.
(c) Owner's Covenant that Owner is the Pro�ei�tv's Fee Owner: Owner hereby
covenants and warrants with the City that Owner is seized in fee of the Property
and has good right to enter into this Agreement with the City.
Section 3.02 Covenants and A�reements of the City. The City covenants and agrees with
the Owner that:
(a) Assessment Waiver Amount: The City agrees that the City will certify/levy a
special assessment against the Property only up to the Assessment Waiver Amount
for the Project pursuant to this Agreement.
(b) City Recording of this Agreement: The City will record this Agreement
against the Propet-ty.
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(c) Pr of Assessment: The City agrees that the Owner may prepay some
or all of the City's assessment levy against the Properry for the Project with no penalty
and only with interest accrual pursuant to Minnesota Statutes § 429.061.
ARTICLE IV
DEFAULT
Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely
performance of any of its covenants, or agreements hereunder, the other pai may give notice of
default of this Agreement. The notice shall specify with particularity the default or defaults on which
the notice is based. The notice shall specify a ten (10) day cure period within which the specified
default or defaults inust be cured. If the specified defaults are not cured within the cure period, the
other party may pursue all remedies and sanctions available at law and in equity, including specific
performance.
Section 4.02 Attornevs' Fees, Costs and Expenses. The Owner agrees to pay the City the
amount of the City's assessinent levy up to the Assessment Waiver Amount with accrued interest
together with the City's attoi�neys' fees, costs and expenses to defend the special assessment levy by
the City pursuant to this Agreement. The Owner acicnowledges and agrees that the Owner would be
unjustly eruiched if the City's assessment levy pursuant to this Agreement was set aside, reduced,
repealed or invalidated by a court with jurisdiction over the Property since the Owner requested the
Project and this assessment fmancing for the Project. The Owner agrees that the court with jurisdiction
over the Property shall award the City the assessment levy up to the Assessment Waiver Amount with
accrued interest together with the City's attotneys' fees, costs and expenses for breach of the Owner's
covenant not to appeal or sue the City pursuant to Article III, Section 3.01(b).
ARTICLE V
GENERAL PROVISIONS
Section 5.01 Notices. All notices, requests, demands or other communications required or
permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if
delivered personally or by registered or certified mail, retuin receipt accepted, postage prepaid,
addressed as follows:
If to the City: City of Cottage Grove
Attn: City Administrator
12800 Ravine Parkway South
Cottage Grove MN 55016
If to the Owner: Hilda Dunbar
8285 River Acres Road South
Cottage Grove, MN 55016
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Section 5.02 Non-Assi�nability. Neither the City nor the Owner shall assign any interest in
this Agreement nor shall either party transfer any interest in the same without the prior written consent
of the other party.
Section 5.03 Bindin� Effect. This Agreement and the tei�rns, conditions and covenants
contained herein and the transaction contemplated hereunder shall be binding upon and inure to the
benefit of the par hereto and his respective successors, heirs, personal representatives, and
permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property
and shall iun with the Property herein described.
Section 5.04 Severabilitv. In the event any provision of this Agreement shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
Section 5.05 Amendments, Chan�es and Modifications. This Agreement may be amended
or any of its ter7ns modified or changed only by a written amendment authorized and executed by the
City and the Owner.
Section 5.06 Counterparts. Tlus Agreement may be simultaneously executed in several
countetparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement
between the parties and shall supersede all prior oral or written negotiations.
Section 5.08 Notice To Buyers. The Owner agrees to notify and provide any buyer of the
Property with an executed copy of this Agreement if the Owner sells any interest in the Property
following the execution of this Agreement by both the Owner and the City, but before the recording
of this Agreement with Washington County Recorder and/or Registrar of Titles.
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IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed by
his duly authorized representatives.
CITY OF COTTAGE GROVE
By:
Myron Bailey, Mayor
By:
Ryan Schroeder, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2014, before me a Notary Public within and for said
County, personally appeared Myron Bailey and Ryan Schroeder to me personally known, who being
each by me duly swoin, each did say that they are respectively the Mayor and the City Administrator
of the City of Cottage Grove, the Minnesota municipal coiporation named in the foregoing
instruinent, and that the seal affixed to said instrument was signed and sealed in behalf of said
municipal coiporation by authority of its City Council and said Mayor and City Adminishator
acknowledged said instrument to be the free act and deed of said municipal corporation.
Notaiy Public
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OWNER
Hilda Patricia Dunbar
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2014, before me a Notary Public within and for said
County, personally appeared Hilda Patricia Dunbar, a single person, to me personally known to be
the person described in and who executed the foregoing inshument and acicnowledged that she
executed the same as her fiee act and deed.
Notary Public
This inshument drafted by: After recording please rehirn to:
Korine L. Land Korine L. Land
#262432 #262432
Cottage Gr�ove City Attorney Cottage Grove City Attorney
LeVander, Gillen & Miller, P.A. LeVander, Gillen & Miller, P.A.
633 South Concord Street, Suite 400 633 South Concord Street, Suite 400
South Saint Paul, Minnesota 55075 South Saint Paul, Minnesota 55075
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