CR 91-160 Hopkins Sports CenterI Y � �
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July 31, 1991 ti P K ` 5 Council Report: 91 -160
HOPKINS'SPORTS CENTER PROPERTY - 2100 MAINSTREET
Proposed Action.
Staff recommends adoption of the following motion: Move to adopt
Resolution No. 91 -95 setting a public hearing for September 3, 1991
regarding the abatement of the nuisance at 2100 Mainstreet.
As a result of this action, the City Council will be continuing 'the
process required by ordinance to allow for the abatement of the
nuisance at 2100 Mainstreet.
overview.
On June 18, 1991, the City Council directed staff to commence the
necessary procedures to abate the nuisances on the property at 2100
Mainstreet. On or around June 25, 1991, a copy of the nuisance
abatement order was served upon the various parties which have an
interest in the property. The nuisance abatement order required that
the nuisances on the subject property be abated by July 30, 1991.
As the owners of the property have not completed the remedial action
by July 30, Section 615.11, Subdivision 3, of the City Code authorizes
City staff to request that the City Council set a date for a public
hearing, at which time the Council is to determine what remedial
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action, if any, is necessary and order that the work be performed.
The City Code requires that the notice of the abatement hearing be
served on all interested parties personally, at least ten days prior
to the hearing. If the City Council were to set the abatement hearing
for August 20, it may be difficult to effect personal service , on all
of the parties that the ordinance requires us to serve. Upon the
advice of the City Attorney, it would appear prudent to set the
abatement hearing date for September 3, thereby giving ample time for
the abatement hearing notice to be served upon the interested parties.
Although the abatement process is taking slightly longer than
originally anticipated, it is still possible for the City to undertake
the necessary abatement procedures this fall, provided the City
Council does not take an extended amount of time in September to make
a decision on the level of abatement which should be implemented.
Primary Issues to Consider.
o What alternatives are available to the City Council at this
time?
- Approve staff's recommendation
- Continue the matter for further information
SmRvortinq Informa
o Resolution No. 91 -95
o Copy of nuisance abatement order dated June 21, 1991
Thomas K.' Harmening
Community Developme D' ector
CITY OF HOPKINS
Hennepin County, Minnesota
® RESOLUTION NO: 91 -95
RESOLUTION SETTING PUBLIC HEARING DATE FOR
NUISANCE ABATEMENT HEARING
WHEREAS, on June 18, 1991, the Hopkins City Council determined
that a nuisance, as defined in Section 615.02 of the
Hopkins City Code, exists at the former Hopkins Sports
Center site situated at 2100 Mainstreet in the City of
Hopkins (the "Property ") and authorized the City
Manager to order the abatement of said nuisance; and
WHEREAS, by a nuisance Abatement Order dated June 21, 1991, the
City Manager ordered the owners of the Property and
other interested persons to take the necessary remedial
action to abate said nuisance on or before the
abatement deadline of July 30, 1991; and
WHEREAS, the Nuisance Abatement Order was duly served on each of
the parties named therein as required by Section 615.09
of the Hopkins City Code; and
WHEREAS, the remedial action described in the Nuisance Abatement
Order has not been commenced or completed; and
® WHEREAS, the City Manager has requested that the City Council
set a public hearing for the purpose of determining
what remedial action, if any, is necessary, to abate
said nuisance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE OF
HOPKINS, MINNESOTA:
1. That this matter be scheduled for a public hearing
before the City Council on September 3, 1991, at which
time the Council will determine what remedial action,
if any, is appropriate to abate said nuisance.
2. That the City Manager is hereby authorized and directed
to serve the attached Notice of Abatement Hearing on
the persons named therein in the manner required by
Section 615.11, Subd. 4 of the Hopkins City Code.
Adopted by the City Council of the City of Hopkins this 6th day
of August, 1991.
ATTEST: Nelson W. Berg, Mayor
James A. Genellie, City Clerk
0 IN THE MATTER OF:
The Abatement of a Nuisance NOTICE OF
situated at 2100 Mainstreet, ABATEMENT HEARING
Hopkins, Minnesota
The City of Hopkins, Minnesota to the following named persons:
Kenneth G. Duneman, Arita M. Duneman, Fidelity Bank f /k /a Southwest
Fidelity State I Bank of Edina, a Minnesota corporation, American
Honda Finance Corporation, a California corporation, Jacobson
Stromme & Harwood, P.A., and all other persons claiming any right,
title, estate, lien or interest in the following described
property:
Street Address: 2100 Mainstreet, Hopkins, Hennepin County,
Minnesota 55343.
Legal description:
• Those Parcels of the following described tract of land
situated in Hennepin County, Minnesota, to wit:
All that portion of the tract or parcel of land described
at Paragraph " A " below, which lies Southerly of a line
drawn parallel to and 200 feet Southerly of the North line
thereof and the same extended, to wit:
Paragraph "A "; That portion of the West Half of the
Southeast Quarter of Section 23, Township 117 North, Range
22 West of the 5th Principal Meridian, described as
follows: Starting at the Northeast corner of the Southwest
Quarter of the Southeast Quarter of said Section, thence
South along the East line of the West Half of the
Southeast Quarter of said Section, a distance of 300 feet,
thence Westerly at right angles to said East line for a
distance of 284 feet; thence Northerly along a line
parallel to said East line a distance of 600 feet; thence
Easterly along a line at right angles to said East line
209 feet to the center line of McGinty Road; thence
Southeasterly along the center line of McGinty Road to the
East line of the West Half of the Southeast Quarter of
said Section 23; thence Southerly along said East line
33.5 feet to the point of beginning.
Which are described as follows:
PARCEL A: The West 109.00 feet of the North 139.00 feet.
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PARCEL B: That part of the North 158.00 feet thereof lying
East of the West 109.00 feet thereof.
Together with easements as referred to in reciprocal
easement agreement attached to the Contract for Deed
Document No. 1095721.
Together with an easement for driveway and parking
purposes over, under and across that part of Lot 22, Block -
1, Oak Ridge 2nd Addition, lying Northeasterly of a line,
and its extensions, drawn from the Southeast corner of
said, lot to a point on the Northwesterly line of said lot
distant 120 feet Southwesterly, measured along said
Northwesterly line, from the most Northerly corner.of said
Lot, contained in Deed Document No. 966456, Files of the
Registrar of Titles.
The above- described real estate is hereinafter referred to as the
"Property ".
YOU ARE HEREBY NOTIFIED THAT THE HOPKINS CITY COUNCIL WILL HOLD
A PUBLIC HEARING ON THE DAY OF , 1991,
• AT
CONSIDER THE
P.M., AT HOPKINS CITY HALL, COUNCIL CHAMBERS, TO
ABATEMENT OF A NUISANCE WHICH EXISTS ON THE PROPERTY.
The subject and purpose of said public hearing will be to determine
what remedial action, if any, should be taken to abate the nuisance
which exists on the Property as described in the Nuisance Abatement
Order dated June 21, 1991. After the public hearing, the City
Council may order that the City shall abate such nuisance and
charge all costs incurred in completing such abatement against the
Property as a special assessment to be collected in the same manner
as real estate taxes. At such public hearing, all interested
parties will be given the opportunity to be heard regarding the
abatement of such nuisance.
Dated:
1991
Steven Mielke, City Manager
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IN THE MATTER OF:
The Abatement of a Nuisance NUISANCE
situated at 2100 Mainstreet, ABATEMENT
Hopkins, Minnesota ORDER
The _City of Hopkins, Minnesota to the following named persons:
Kenneth G. Duneman, Arita M. Duneman, Fidelity Bank f /k /a Southwest
Fidelity State Bank of Edina, a Minnesota corporation, American
Honda Finance Corporation, a California corporation, Jacobson
Stromme & Harwood, P.A., and all other persons claiming any right,
title, estate, lien or interest in the real property described in
Paragraph.l of this Order.
PURSUANT TO SECTION 615.11 OF THE HOPKINS CITY CODE OF
ORDINANCES, YOU ARE HEREBY ORDERED TO ABATE THE NUISANCE DESCRIBED
IN PARAGRAPH 3 OF THIS ORDER IN THE MANNER SPECIFIED IN PARAGRAPH 4
OF THIS ORDER.
1. DESCRIPTION OF REAL ESTATE ON WHICH NUISANCE EXISTS
Street Address: 2100 Mainstreet, Hopkins, Hennepin County,
Minnesota 55343.
Legal description:
Those Parcels of the following described tract of land situated
in Hennepin County, Minnesota, to wit:
All that portion of the tract or parcel of land described at
Paragraph "A" below, which lies Southerly of a line drawn
parallel to and 200 feet Southerly of the North line thereof
and the same extended, to wit:
Paragraph "A "; That portion of the West Half of the Southeast
Quarter of Section 23, Township 117 North, Range 22 West of the
5th Principal Meridian, described as follows: Starting at the
Northeast corner of the Southwest Quarter of the Southeast
Quarter of said Section, thence South along the East line of
the West. Half of the Southeast Quarter of said Section, a
distance of 300 feet, thence Westerly at right angles to said
East line for a distance of 284 feet, thence Northerly along a
line parallel to said East line a distance of 600 feet; thence
Easterly along a line at right angles to said East line 209
® feet to the center line of McGinty Road; thence Southeasterly
along the center line of McGinty Road to the East line of the
West Half of the Southeast Quarter of said Section 23; thence
Southerly along said East line 33.5 feet to the point of
beginning.
Which are described as follows:
PARCEL A: The West 109.00 feet of the North 139.00 feet.
PARCEL B: That part of the North 158.00 feet thereof lying East
of the West 109.00 feet thereof.
Together with easements. as referred to in reciprocal easement
agreement attached to the Contract for Deed Document No.
1095721.
Together with an easement for driveway and parking purposes
over, under and across that part of Lot 22, Block 1, Oak Ridge
2nd Addition, lying Northeasterly of a line, and its
extensions, drawn from the Southeast corner of said lot to a
point on the Northwesterly line of said lot distant 120 feet
Southwesterly, measured along said Northwesterly line, from the
most Northerly corner of said Lot, contained in Deed Document
No. 966456, Files of the Registrar of Titles.
The above - described real estate is hereinafter referred to as the
"Property ".
2. LOCATION OF NUISANCE
The nuisance is located on and
adjacent to that portion of the Property formerly occupied by the
Hopkins Sports Center building which was destroyed by a fire in May
of 1988.
3. DESCRIPTION OF NUISANCE AND BASIS UPON WHICH CONDITIONS
ARE DECLARED TO BE A NUISANCE The conditions present on the
Property which constitute a nuisance include an open and unfilled
excavation and foundation, unsealed water well, improperly
disconnected and unsealed sanitary sewer and water lines, debris,
refuse and weeds. These conditions constitute a nuisance within
the meaning of Section' 615.02 of the Hopkins City Code of
Ordinances.
ME
t
0 4. REMEDIAL ACTION REQUIRED TO ABATE THE NUISANCE The
remedial action required to abate the nuisance described in
Paragraph 3 of this Order is described as follows:
a. Sawcut bituminous parking lot edge on south side of the
__Property and install curb stops to deter motor vehicle
access.
b. Locate and seal existing six inch water well. Must be
done by a State licensed well sealing contractor and
required permits must be obtained.
C. Install new curb box onto existing (1 1/2 ") water servic
at property line. Contractor to take out required permits
from City and County.
d. Bulkhead existing (8" VCP) sanitary sewer service in
sanitary manhole per Water and Sewer Superintendent's
requirements and required City or County permits.
(Sanitary manhole located at center line of Shady Oak Road
and Mainstreet.)
e. Site clearing and grubbing - in accordance with MN /DOT
Standard Specifications for Construction, as required,
Section 2101 clearing and grubbing.
f. Remove courses of exposed concrete block wall to two feet
below proposed ground elevation 'and haul off site to an
approved disposal site. (See Exhibit A attached to this
Order for location and further specification.)
g.
Remove fence and gate section and haul off site to an
approved disposal site. (See Exhibit A attached to this
Order for location and further specification.)
h.
Remove concrete stairwell and concrete sidewalk on east
side of Property and haul off site to an approved disposal
site. Area where sidewalk is removed shall be patched
with MN /DOT 2331 Bituminous Material. (See Exhibit A
attached to this Order for location and further
specification.)
i.
Remove concrete slab and adjacent footings and foundation
and haul off site to an approved disposal site. (See
Exhibit A attached to this Order for location and further
specification.)
J.
Remove concrete ramp adjacent to south parking area and
haul off site to an approved disposal site. (See Exhibit
A attached to this Order for location and further
specification.)
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k. Backfill open foundation on the Property as specified in
Exhibit A. Backfill material must be granular borrow 1988
MN /DOT Standard Specifications for Construction, Section
3149.2A - Granular Material. Backfill materials must be
placed as per Exhibit A in layers as required but not more
than two foot (24 lifts In loose depth for granular
material compacted by heavy compaction equipment and not
-more than four inch lifts in loose depth for material
compacted by hand operated tampers and spread over full
width of backfill zone at a minimum density of 95 percent.
1. The Property contains no topsoil for use in turf
establishment on the disturbed areas. All fill areas
shall be covered with topsoil borrow six inches in depth.
The topsoil borrow shall be as specified in MN /DOT 3877.
(See Exhibit A attached to this Order for location and
further specification.)
M. The Property. shall be seeded with MN /DOT Seed Mixture No.
500 spread at a rate of 100 pounds per acre. Water turf
areas as necessary to maintain in a moist condition until
areas are approved. Mow seeded or sodded areas to a
height of one and one -half inches prior to acceptance by
the City. Areas failing to show a good stand of grass
within four weeks shall be reseeded. Before June 1, 1991,
all areas failing to show a good stand of grass shall be
reseeded.
n. All seeded areas shall be mulched with MN /DOT Type 1
mulch, spread, at the rate of two tons per acre and disc
anchored.
o. Erosion control bales of hay or straw densely compacted
and tightly wrapped with baling wire in three strands to
resist unraveling shall be placed as indicated in Exhibit
A. The bales are to be staked with steel fence posts or
steel rods and backed with snow fence or filter fabric
along all slopes. (See Exhibit A attached to this Order
location and further specification.)
p. Remove all debris from the Property and haul off site to
an approved disposal site.
q. Return snow fence to the City of Hopkins Public Works
Department.
The above - described work is to be completed as specified and in
conformity with Exhibit A attached to this Order.
C
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YOU ARE HEREBY ORDERED TO COMPLETE SAID REMEDIAL ACTION BEFORE THE
ABATEMENT DEADLINE STATED IN PARAGRAPH 5 OF THIS ORDER.
5. ABATEMENT DEADLINE The remedial action described in
Paragraph 4 of this Order shall be completed no later than July 30,
1991.
6. FAILURE TO TARE CORRECTIVE ACTION If you fail to
complete the remedial action described in Paragraph 4 of this Order
before July 30, 1991, this matter will be referred to the Hopkins
City Council which, after a public hearing, may order that the City
shall abate the nuisance and charge all -costs incurred in
completing such abatement against the Property as a special
assessment to be collected in the same manner as real estate taxes.
Dated: June 21 , 1991
Steven Mielke, City Manager
Dated: June 21 , 1991 VESELY, MILLER & STEINER
i remy S. seiner, #12235X
leopkins City Attorney
400 Norwest Bank Building
1011 First Street South
Hopkins, Minnesota 55343
(612) 938 -7635
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