CR 93-182 Installation Water Sewer 1711 1st St N
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October 27, 1993 Council Report: 93-182
ACCEPTING PETITIONS AND ORDERING INSTALLATION
OF WATER AND SEWER SERVICES FOR 1711 FIRST STREET NORTH
Proposed Action.
Staff recommends. the following action: "Move to adopt Resolution 93-
120 acceptinq petitions and ordering the installation of water and
sewer services for 1711 First Street North."
Overview.
The city has for the last year been trying to work with the property
owners at 1711 First Street North and 10~ lBth Avenue North to address
the septic sewer location problems associated with 1711 1st Street
North. The matter has also been thoroughly discussed at two previous
city Council meetings on July 28, 1993, and August 31, 1993. The
discussion at the August 31 meeting resulted in the City Council
recommending that both property owners and the city go through the
mediation process to see if the differences can be worked out. All
. parties agreed with this recommendation and a mediation session was
held on October 18. The results of the mediation session have been
agreed to by all parties and the next step in resolving this matter is
.to have the City Council approve the conditions for the installation
of sewer and water services into 1711 First Street North.
Primary Issues to Consider
o What were the results of the mediation session?
o . What improvements are proposed to resolve the issues?
o How will the city share of the improvements be funded?
o When could the improvements be installed?
Su~~ortinq Information.
o Analysis of Issues
o Mediation Agreement
o Petitions from Property owners
o Resolution '93-120
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Lee Gustafson, blic Works Director
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Council Report: 93-182
Page 2
. Analysis of Issues
o What: were the results of the mediation session?
The mediation session resulted in all three parties including the
city agreeing to pay for a portion of the costs associated with
installing water and sewer services into 1711 First street North.
It was determined that this method was the best option for
resol ving the septic system location problems associated with
1711 First street North. The three parties agreed to the
fOllowing terms:
Mrs. Grace Kline , 1711 First street North, agreed to pay the
cost for the connections from the street to the house,
approximately $2,000. She also agreed tt>upaythe W.A.C. and
S.A.C.charges of $1,100 and the indoor plumbing cost estimated
at $350. Total cost to Mrs. Kline estimated at $3,450.
Mr. & Mrs. Gonzalez, 101 18th Avenue North, agreed to pay for dry
and fill of septic tank estimated at $2,500. They also agreed
that in lieu of not having the hedges replaced on their property
after they are removed to install the water and sewer service,
they will receive a credit estimated at $950. Total cost to Mr.
and Mrs. Gonzalez is estimated at $3,450.
. The City of Hopkins agreed to pay $5,600 for the installation of
the sewer and water services up to the property line of 1711
First street North.
other items agreed to in the mediation session were as follows:
o If the cost of the project exceeds $11,147, then all parties
agree to re-mediate the agreement.
o Any overage or underage is agreed to be shared
proportionately
o The city of Hopkins agrees to allow the property own'ers to
assess their cost against their property over a 10 year
period at 3% interest.
o Both property owners agree to sign voluntary assessment
agreements subject to City council approval.
o What improvements are proposed to resolve the issues?
The improvements were partially described above but more
specifically include the following:
1. Connections will be made to the city's water and sanitary
sewer mains in 18th Avenue North at First street North.
2. New water and sewer service will be installed in the north
. boulevard of First Street North, from 18th Avenue to 1711
First Street North.
3. The .insideplumbing system of 1711 First Street North will
be modified to accept the new services.
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Council Report: 93-182
Page 3
.. 4 . The septic. tank will be dried andfil.led in accordance with
city ordinance.
o How will the city share of the improvements be funded?
The city's Share of the improvements, presently estimated at
$5,600, will be paid from the water and sanitary sewer funds. It
was determined that these funds would be the most appropriate
funding source for the improvements since these funds would have
been the most likely funding sources if mains would have been
installed in First street North years ago.
o When could the improvements be installed?
Assuming Council approval and that all necessary paper work is
promptly executed, the improvements could be installed within the
next two weeks. The installation schedule is naturally dependent
on the plumbing contractors availability..
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WEST SUBURBAN MEDIATION CENTER PHONE:, 933~0005
MEDIATION AGREEMENT
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ON J 0 / J 9< q ~ 'the following parties :'
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Initiating Party'Cs):, (Vf,kA. ~A".i? ) ~
Second Party(s): ~...p ~. ~...o.i.oo..;'1 /' ' ,
Other interested parties: ~ 1-. ~41,~ D ."
participa ted in the mediation sion whic took place at: ~~ ~
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Hediators for thesessio.n were: ~ Pr~ :f' L_;,~.&~ .
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Signedby: , ' "/,,PO}~~~ 10;1 ,
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(signature) '/) /J. ' (date) (signature) U" ' (date)
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(signature of ,Mediator) (date) , :. signature of Kedi (daZ)r~
All parties agree that all proceedings will be held in ,strict confidence.
White Copy/Office 9/87
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. CITY OF HOPKINS
PETITION AND WAIVER BY PROPERTY OWNER(S)
Kathryn and Philip Gonzalez. pereinafter call the property
owner (s) , state that they have ownership interest in property at
101 18th Avenue North. Hopkins, Minnesota, more particularly
described as:
The west 100 feet of Lot 16 and the west 100 feet of that
part of .Lot 17 lying south of the north 10.96 feet thereof,
Block 9, West Minneapolis Third Division, according to the
recorded plat thereof.
Said Property owners(s) hereby petition the city of Hopkins to
make the arrangements necessary to:
subject to the terms of a mediation agreement reached on
October 18, 1993, install a sanitary sewer service and water
service line to the property at 1711 1st Street North and l'Oft.',
place the costs of the petitioner's agree to share of the itJ!:1<1/g ~
. project as a special assessment against their property. The ~~G ~(
agree to cost are for the following project elements:~~ r \Q
fill and disconnect an existing septic tank; ~in~c Pb n . epMe
~ al on~ ~ ~ I L e,,1! ~~~ sa~ eti tionersagree to a shareo-f' hed~,
not to exceed. 'I -;J v' 0 estimate + 10%). The J/:.l:~j,
petitioners understand he "lis essment is for a ten-year j,:,
period a 3% per annum.f.Co 1~1l'f'i-7 "6
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Property owners(s) hereby waive any right to notice or objection
to sad. improvement as provided in Chapter 429 of the Minnesota
Statutes and any other provis ion . of f municipal or state law
providing for notice or objections. Property owner(2) understand
that he aforesaid property will be assessed for ht cost,for the
aforesaid ytork.
Witness our hands to' this agreement that we have read and fully
understand this agreement an~ consent thereto this
day of 00*. 6)q , 19li.
s~ed: Witnesseth:
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'iI~ -fir JjnrvbO OOff _r/...t"~(-" ."'.....,-1._:
Propert Owner Witness
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CITY OF HOPKINS
. PETITION AND WAIVER BYPROPERTYOWNER(S)
Grace A. Kline, hereinafter call the property owner (s), state
that they have ownership interest in property at 1711 First
street North, Hopkins, Minnesota, more particularly described as:
That part lying east of the westerly 100 feet of Lots 16, 17
and 18, Block 9, West Minneapolis Third Division, according
to the recorded plat thereof.
Said Property owners (s) hereby petition the city of Hopkins to
make the arrangements necessary to:
Subject to the terms of a mediation agreement reached on
October 18, 1993, install a sanitary sewer service and water
service line to the property at 1711 1st street North and
place the costs of the petitioner's agree to share of the
project as a special assessment against her property. The
agreed to costs are for the following project elements:
Water and sewer service line installation from the mains to
. the house i Water and sewer availability. charges; permit
fees; indoor plumbing. said petitioner agrees to a share
not to exceed $3,795 ($3,450 estimate + 10%). The
petitioner understands that the assessment is for a ten-year
period at 3% per annum.
Property owners(s) 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 owner(s) 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
day of ct/_<-r'3.. 9' , 19 C/3 .
Signed: Witnesseth:
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Property Owner
Property Owner Witness
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. CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 93-120
RESOLUTION ACCEPTING IMPROVEMENT PETITIONS
AND ORDERING THE INSTALLATION OF WATER AND SANITARY SEWER
SERVICES INTO 1711 FIRST STREET NORTH.
WHEREAS, the property at 1711 First Street North currently has a
septic system on the city boulevard and on the adjacent
property at 101 18th Avenue North creating
responsibility and liability concerns; and
WHEREAS, the property owners of 1711 First Street North and 101
18th Avenue North have petitioned the city to . resolve
this problem and also requested monetary assistance
from the city; and
WHEREAS, the property owners of these two parcels and the city
of Hopkins voluntarily agreed to mediate this matter
through the West Suburban Mediation Center; and
. WHEREAS, the results of the mediation process set forth certain
responsibilities and financial commitments by all three
parties; and
. WHEREAS, the financial commitments have been agreed to by . all
parties through petitions by the property owners and
City Council action.
NOW THEREFORE BE IT RESOLVED, that the city Council of the city
of Hopkins hereby accepts the petitions from the
property owners of 1711 First Street North and 101 18th
Avenue North and directs staff to install water and
sanitary sewer services into .1711 First Street North in
the manner and funding procedures outlined below:
0 Mrs. Grace Kline , 1711 First street North, will pay
20% of the project cost for the connections from the
street to the house, approximately $2,000. She also
will pay the W.A.C. and S.A.C. charges of $1, 10~ and
the indoor plumbing cost estimated at $350. Total cost
to Mrs. Kline estimated at $3,450.
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Resolution 93-120 .
Page 2
o Mr. & Mrs. Gonzalez, 101 18th Avenue North, will pay
. 25% of the project cost estimated at $2,500. They also
agreed not to have the hedges replaced on their
property after they were removed to install the water
and sewer service. In lieu of replacing the hedge they
will receive a credit estimated at $950 resulting in a
cost participation estimated at $3,450. Total out of
pocket cost to Mr. and Mrs. Gonzalez is therefore
estimated at $2,500.
o The city of Hopkins will pay 55% of the project cost
estimated at $5,600 for the installation of the sewer
and water services up to the property line of 1711
First street North.
o If the cost of the project exceeds $11,147, then all
parties agree to re-mediate the agreement.
o Any overage or underage is agreed to be shared
proportionately ,
o The city of Hopkins agrees to allow the property owners
to assess their cost against their property over a10
year period at 3% interest.
o Both property owners agree to sign voluntary assessment
. agreements subject to City council approval.
BE IT FURTHER RESOLVED, that the city Council of the city of
Hopkins hereby. directs staff to fund the city's portion of
the project 50% from the Water Fund and 50% from the
Sanitary Sewer Fund.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA,
this day of November, 1993..
BY
Charles D. Redepenning, Mayor
ATTEST:
Jim Genellie, City Clerk
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