CR 97-140 Approve Petition for Private Improvement Petition 318 19 Ave N~ T Y O
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July 30, 1997 ° P k ~ Council Report 97-140
Approve Petition for Private Improvement
318 19th Avenue North
Proposed Action.
Staff recommends the following motion: Move that Council adopt Resolution 97-74. Resolution
Annrovini; Petition for Private Improvement at 318 19th Avenue North
This action approves a proposal for the installation of a retaining wall and security fence on private
property adjacent to a public alley and approves placement of costs upon the property as a special
assessment.
Overview.
New residents at 318 19th Avenue North wish to construct a gazage and make general yard improvements
at the rear of the property. Before carrying out these plans there is the need to stabilize a sloped area of
the yard adjacent to a public alley. Construction of a 4-foot high retaining wall is the recommended
solution to provide a stable slope adjoining a roadway. A 6-foot wood security fence is also proposed.
Primary Issues to Consider.
• Petition
The owners are petitioning Council to make the necessary arrangements to place the cost of
retaining wall construction as a special assessment against their property. Council will need to give
approval to the attached contractor proposal and the petition/waiver. The contractor quotes a cost
of $7,225.10 for the installation of a wall and security fence. A permit from the Inspection
Department is required to carry out the work.
The quoted construction cots of $7,225.10 would be assessed over aten-year period at 8% per
annum.
Staff recommendation
The petition for cost assessment for a retaining wall falls under project guidelines of M. S. 429 as an
acceptable special assessment project. The petition is in order, the contractor has agreed to the
City's payment procedures, and staff recommends approval ofthe petition and adoption of
Resolution 97-74.
Supporting Information.
• Petition
• Contractor proposal
• Resolution 97-74
~"'""
7a s Gessele
Engineering Supt.
CITY OF HOPKINS
PETITION AND WAIVER BY PROPERTY OWNER(S)
Eric and Monica Gerber, hereinafter called the owners, state that they have ownership interest in property
at 318 19th Ave. N.., Hopkins, Minnesota, and particularly described as:
Lot 11 and north one-half of Lot 12, Block 3, West Minneapolis Third Division
PID: 23-117-22 14 0036
Said owners hereby petition the City of Hopkins to make the arrangements necessary to:
1. Assess the cost of a four-foot retaining wall with attendant security fence against the above
property. Materials and installation shall be in accordance with the attached proposal.
2. Allow the owners to contract privately for construction of the improvement per attached
cost estimates. The construction cost &nanced shall not exceed the cost estimates.
3. Assess the cost of improvements over aten-year period at 8% per annum. Final payment by
the City to the contractor shall be contingent upon receipt of lien waivers.
Property owners hereby waive any right to notice or objection to said improvement as provided in
Chapter 429 of the Minnesota Statutes and any other provisions of municipal or state law providing for
notice or objections. Property owners understand that the aforesaid property will be assessed for the
costs for the aforesaid work.
Witness our hands to this agreement that we have read and fully understand this agreement and consent
thereto this 31 sr day of Jt,uY . 19 97
Signed:
x
State of Minnesota
County of Hennepin
Subscribed and sworn to before me this
315r day of Jul-r
19~.
J >~
(No Public)
°""'~;" JAMES T.GESSELE
NOTARY PURUC A°NNESOTA
,~ MY COMMISSION IXPIRES
••..••~ JANUARY 31, 4000
n ' S i
JUL-22-97 09:24 PM
L ~ n Subnrpan iandscaotna, Inc.
935 'x699 p. 02
I14z1 w~~l a7gl suwi
M¢mclvnku,MN 557.1{
BMnce (GI2) 935-0:+89
Pax (! I ]) 9.l$-1G99
)uL~' zz, 1997
MONICA GERBER
318 19TH AVE. N.
HOPKINS, A1N. 553~M13
i,AN. nSCAPE PROPOSAL.
933-66U~
RRTAININ~ ~y.ALI. INSTALLATION
PROCrUl1RF IN(:LUDES:
1.) EX(:AYATE FORTIQ. RETAINING WAE.I. TU ACCOMIDA'I'E THE 5" DEPTH OF COMNAC'1'f;D
CRUSHED ROCK ANU BASK C.UURSF BLOCK.
2.) INSTALL 3U4 SQ. FI'. OF DIAMOND BLOCK RL• i'AINING AS DIRBCTF.D, P9CLUUING A 6" - 8"
DEPTl1 OF 3/4" RIVhR RUCK AIvD A FABRIC LIl~-ER F'UR PAUPER DRAINAGE iNCLUDfiS A .i 5
WIDE S'T'AIRWAY LOCATED ACCORD[NGLY.
3 J BACK FILL WALL WI'fl t ORIGINAL. SUIT. IN ORDL•R TO PROVIDE PRC)PF.R GRADf.S AND
DRAINAC,[s, INCLl1UtNCs A DRAINAGE SWALE ABOVL'I'HE WAL.[. DIRECTING WATER TO
'I'HI: NORTH.
4.) INSTALL 74 LF OP A G' TALL AL'1'ERNATiNG BOARD CEDAR PRIVACY 1~L•'NCIi, INCL.UUIN<i A
4' WIDE GAIL' AT Tl Il S'I'I:YS AS DIRECTED.
sJ COMPLIiTL' CLL•'AN 11P.
LANDSCAPEPROPOSALTOTAi.: $7,225.10
JUL-22-97 04:25 PM
L & R Suburban tandscap{ng, Inc.
935 'x699 P. 0'a
11421 Wtsl J7Ui Slrccl
MlnnetonAa, MN 55543
phone (61?) n35-0389
Fax (612) 935-}699
ARO)ECT PRICES ARE BID WITIl ONLY QUALITY MATERIALS ANll
PROPC•SSfONAL INSTALLATION. L & R SUBURBAN IS F111.1.Y INSIIRF.D
TO SF.C.[lRF. At.l. RF.,CPONSIRII.lTY ON !OH S1TE.
JOB CLGAN UP IS ALSO A VERY IMPOR'T'ANT PART OF THF. FINISHED
PRODUCT FOR L & R SUBURBAN. RECOGNIZING TIIESG KEY F.4C'1'ORS,
L & R SUBURBAN GUARAN'I'LN.S ONLY THE BEST FINISHED PRODUCT
[N THF. RUSINF.SS.
ALL MATERIAL IS GUARANTEED TO BL• AS SPECIr1EU AND THE ABOVE
WORK'I'O BL PI:RPORM1i0 IN ACCORDANCE. WITH THF. SPF.CIF[CATIONS FOR
ABOVE WORK COMPLETED IN A SUBSTANTL4L WORKMANLIKE MANNER.
PAYMENTS TO RF. MADE AS FOLLOWS: I.) 50% DEPOSIT.
2.) 50% DUE (a) END OF PROJECT.
RESPECTEtJLLY SUBMI'I"I'ED: 1~.d'~'` ~.J.`~ • -1¢~y~-a-~
BOB MESSL•R
DATE ACCEPTED SIGNATURE.
CITY OF HOPKINS
Hennepin County, Minnesota
Resolution No. 97-74
RESOLUTION APPROVING PETITION FOR PRIVATE IMPROVEMENT
318 NINETEENTH AVENUE NORTH
WHEREAS, the owners of property located at 318 19th Avenue North petitioned for
improvements consisting of the installation of a retaining wall adjacent to alley right-of-
way pursuant to Minnesota Statute No. 429; and
WHEREAS, the petition and accompanying document thereto comply with the requirements of
the aforementioned statute.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HOPKINS, MINNESOTA:
1. Such improvements are hereby ordered as proposed and requested in the petition.
2. That said improvement be in conformance with Minnesota Statute Chapter 429 and all
state and municipal codes, ordinances and regulations pertaining thereto.
Adopted by the City Council of the City of Hopkins this 5th day of August, 1997.
Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk