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CR 96-113 Approve Petition Private Improvement 96-06July 9, 1996 Approve Petition Private Improvement Alley Project 96 -06 Council Report 93 -113 Proposed Action. Staff recommends the following motion: Move that Council Adopt Resolution 96 -57, Resolution Approving Petition for Private Improvement at 1210 First St. South. This action approves a proposal for the demolition of a garage at 1210 First St. South that encroaches on alley right -of -way and approves placement of costs upon the property as a special assessment. Overview. During the public hearing concerning reconstruction of the alley in the #100 block between 12th /13th Avenues South Council was made aware of a garage encroaching on alley right -of -way and its negative impact on pavement alignment during reconstruction. Council made informal representations that the City could fund the relocation /demolition of the garage through the special assessment process should the owner be unable to collect on a claim against a title insurance policy. The owner has been unsuccessful in carrying out an insurance claim and now turns to the City for a funding source to expedite removal of the building. Primary Issues to Consider. o Nature of the petition The owners are petitioning Council to make the necessary arrangements to place the cost of garage demolition and slab removal 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 $1,500 for building demolition. The demolition permit is waived in this instance because the project is associated with the City's larger alley project. o Staff recommendation Staff recommends approval of the petition and adoption of Resolution 96 -57. Supoortinc Information o Letter from property owner o Contractor proposal o Petition o Resolution 96 -57 es Gessele Engineering Superintendent LOIS M. BELL 329 17th Avenue North Hopkins MN 55343 612- 933 -5094 July 2, 1996 Jerre Miller Vesely, Miller & Steiner, P.A. 1011 First Street S. #1011 Hopkins MN 55343 Re: Garage Encroachment Update 1210 First Street South We are actively pursuing resolution of this issue, and incurring additional attorney costs. My attorney, Larry Schniidthuber, died suddenly on June 11, 1996. His associate, Bob Lowe, reviewed the file and came to the conclusion our title insurance DOES NOT cover this item. In July 1995 we purchased the propety on a contract for deed from Harold and Barbara Sullivan, the fee owners, whose title policy did cover the encroachment issue. We cannot make a claim against the fee owners' title policy nor do we know if it is still in effect. Harold Sullivan died in`January 1996. We are checking with Sullivan's attorney about making a claim against that insurance If not, the Sullivan estate is next. Two bids for removal and reconstruction of a new double garage on the property are between $9,000 and $10,400. I, again request from the City of Hopkins, short term (60- 90 day) financing to complete the removal of the garage in time for alley reconstruction. With less than 2 months notice (to date) on this removal, it is a burden for me to come up with $10,000 to remove the garage by August 1, 1996. Since it is more economical to remove and reconstruction at the same time that is how I plan to proceed. I look forward to a positive response from the City of Hopkins and appreciate your. assistance. Li M . Be L i M. Bel cc: Steve Mielke, City of Hopkins Jim Gessele, City of Hopkins durabilt garages I r a t Durabilt Associates Inc. 7343 Ann Court Eden Prairie, MN 55348 Phone: 938-9350 Minnesota State License No. 3004 durabilt garages BUILDING AGREEMENT Lcl -31)1 rn This agreement made this day of '1 181`4' by and between Durabilt Associates, Inc.. dba Durabilt Garages, hereinafter called the contractor, and purchaase s). �q Purchaser tots B� l - ` t phonon] ch /.33 `� "' r y w S S.a Co- Purchaser !��T r/�� G� Phone H W S Si ����yy qq Address ' I c` \ L / 1 -( 54ijai S')lf iLi City ! (Nj zip-553 WITNESSETH: That the contractor and the purchaser(s), for the considerations hereinafter named, agree as follows: The contractor shall furnish labor and material necessary to construct: ❑ Detached Roof Type ❑Attached 0 Expansion GARAGE. Roof Pitch CONCRETE Size Floor . Size Apron Thickness: 4 in. min. Mix: 6 bag (4000 psi) Slab Reinforcement: Mesh: 6 in. sp., 10 ga. Rods in: min. Work Damp proofing Backf ill Additional concrete work CONSTRUCTION Single Bottom Plates ❑ 2 x 4 Treated Fir D 2 x 6 on blocks Double top plates 2 x 4 Fir Studs: 2 x 4 Fir 16 in. o.c. Wall Sheathing ❑ 1/2 in. Intermediate ❑ Overhead Door Headers Cross -ties ❑ 2 x 6 Fir 48 in. o.c. 0 • Ratters: 2 x 6 Fir in o c. Ridge and hip rafters: 2 x 8 Fir ❑ D 2 x 4 24 in. o.c. Engineered Truss System Root Sheathing Shingles 236 lb. Fiberglass or Asphalt over 15 Ib. felt Color Roof Overhangs: Front . Rear Sides Material Siding: Type Exposure Corners Gable -end siding Service Door(s) Window(s) Overhead Door: Size and style Overhead Door Returns: Left Middle Right - Colonial Cut ❑ Yes 0 No Aluminum Wrap: ❑ Service door(s) ❑ WIndow(s) 0 Overhead door(s) Color: Door Operator 0 Yes ❑ No Brand and Style Installed by Electric Wiring D Yes 0 No 0 Standard package with flood ❑ Standard package without flood Excavation O Contractor 0 Owner Removals ❑ Contractor ❑ Owner Miscellaneous LiT4ireiMIIIR•.S.1ir7cn— ' TOTAL PRICE OF JOB- $ / SWO - al DOWN PAYMENT: - 4 AFTER CONCRETE: (Due after concrete garage slab installation) e LEAVING NET BALANCE: (Due upon completion) e / 500. CONTRACT DOES NOT INCLUDE THE FOLLOWING. UNLESS CIRCLED BY CONTRACTOR REPRESENTATIVE: rERMIITAINT, GUTTERS, FENCE REPAIR. SEALING OF CONCRETE, FINAL CLEANUP OF SITE. \\ THE UNDERSIGNED REPRESENT THAT HE IS, SHE.IS OR THEY ARE THE OWNERS) OF THE ABOVE MENTIONED PREMISES AND HE, SHE OR THEY EACH ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT AND, FURTHER. AGREE TO THE TERMS, CONDITIONS AND NOTICES ON THE REVERSE SIDE OF THIS AGREEMENT THE SAME AS IF THEY WERE PRINTED ABOVE HIS, HER OR THEIR SIGNATURE(S). THE OWNER(S) UNDERSTAND THAT NO AGREEMENT OTHER THAN THIS, ORAL OR WRITTEN IS BINDING UPON THE CONTRACTOR UNLESS ACCEPTED IN WRITING BY AN OFFICER OF THE CONTRACTOR. • REQUIRED NOTICE TO PURCHASER (A) DO NOT SIGN THIS BEFORE YOU READ THE WRITING ON THE REVERSE SIDE. EVEN IF OTHERWISE ADVISED. (B) DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES. (C) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. (D) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT AND VOU MAY BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE. (E) VOU, THE PURCHASER, MAY CANCEL THIS PURCHASE AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS PURCHASE. SEE ATTACHED NOTICE TO CUSTOMER REQUIRED BY FEDERAL LAW FORM FOR AN EXPLANATION OF THIS RIGHT. IN WITNESS WHEREOF, the owners) hereto has (have) executed this agreement the date a ear first above written. (SEAL) rl J P l .52* Purchaser Co rector ePreseniat v (SEAL) Co- Purchaser • PETITION AND WAIVER BY PROPERTY OWNER(S) Lois M. Bell and Glydewell B. Burdick, Jr., hereinafter called the Owners, state that they have ownership interest in property at 1210 First St. So. , Hopkins, Minnesota, more commonly known as and particularly described as: East one -half of Lots 18 and 19, Block 9, West Minneapolis, according to the plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Said Owners hereby petition the City of Hopkins to make the arrangements necessary to: Place the cost of moving/demolition of a residential garage encroaching on alley right -of -way as a special assessment on the property at a rate of 8% over 10 years. The 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. The Owners understand that the aforesaid property will be assessed for the costs for the aforesaid work. Witness our hands this agreement that we have read and fully understand this agreement and consent thereto this f day of 3M t 19 ? 4 . Signed: State ofMmnesota County of Hennepin Lois M. Bell B. Burdick, Jr. d ewell B. Burdick, Jr. JAMES T. GESSELE NOTARY PUSOC MRIN00TA MY COMMISSION EXPIRES JANUARY 31, 2000 CITY OF HOPKINS Subscribed and sworn to before me this 8 rti day of JUL'( 19 90 . Public) CITY OF HOPKINS Hennepin County, Minnesota Resolution No. 96 -57 RESOLUTION APPROVING PETITION FOR PRIVATE IMPROVEMENT 1210 FIRST STREET SOUTH WHEREAS, the owners of property located at 1210 First Street South petitioned for improvements consisting of the demolition of a garage encroaching on alley right -of -way pursuant to Minnesota Statute No. 429.031, Subd. 3; 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 16th day of July, 1996. ATTEST: James A. Genellie, City Clerk Charles D. Redepenning, Mayor MEMO TO COUNCIL FROM: Steven J. Stadler, DPW C V" " SUBJECT: Project 96 -02, Lift Station #5 Reconstruction DATE: July 11, 1996 Bids were opened on Friday, July 12 for reconstruction of sanitary sewer lift station #5. Currently, the City's consulting engineer, SEH, Inc., is reviewing the bids and references of the apparent low bidder. A Council report with the details of the bidding and a recommendation regarding award will be delivered on Monday, July 15th.