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.