CR 91-199 Hopkins Sport Center Propertyco
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August 27, 1991 ° P K ,� Council Report: 91 -199
HOPKINS SPORT CENTER PROPERTY - 2100 MAINSTREET
Propos d Action.
Staff recommends adoption of the following motion: Move to adopt
Resolution No. 91 -114 ordering the abatement of the nuisance at 2100
Mainstreet.
As a result of this action, the City Council will be continuing the process
to allow for the abatement of the nuisance at 2100 Mainstreet.
ov rvi W.
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 ordinance was
served upon the various parties which have an interest in the property
ordering that the nuisances on the subject property be abated by July 30,
1991. As the owners of the property had not completed the remedial action
by July 30, the City Council adopted a resolution on August 6 setting a
public hearing for September 3,, 1991, regarding the abatement of the
nuisance. This public hearing is required by the City's nuisance abatement
ordinance.
At the time of the public hearing, the City Council is required to receive
a report from City staff regarding the nuisance abatement and accept
testimony from any other parties who wish to'be heard. After the hearing,
the City Council is required to adopt a resolution describing what
abatement action, if any, it deems appropriate. If the resolution calls
for abatement action, it may either order the City to take abatement
action, or fix a time within which the nuisance must be abated and provide
that if corrective action is not taken within the specified time, the City
shall abate the nuisance. The City Council could also adopt a resolution
which terminates all further action on the abatement of the nuisance.
Staff is recommending that the City Council adopt a resolution which orders
that the nuisance be abated, that City staff advertise for bids, and that
the cost for undertaking the nuisance abatement be assessed against the
subject property.
_Primary Issues to Consider.
o What work is proposed to be undertaken to abate nuisance on the
property?
o What alternatives does the City Council have regarding the level of
work to be completed to abate the nuisances?
o What is the project timetable for abating the nuisance?
Sunvortina Information.
.o Analysis of issues
• Alternatives
• Memo from Jim Gessele, Engineering Superintendent
• Map of site
o e _ution No. 91 -114
Thomas K. Harmeni g
Community Deve7 erector
Analysis of Issues
Based on the action requested, the City Council has the following issues to
consider:
o What work is proposed to be completed to abate the nuisance?
The attached memo from Jim Gessele, Engineering Superintendent, more
specifically outlines the scope of work to be completed to abate the
nuisance. This scope of work is essentially the same as was included in
the abatement order sent to Mr. Dunneman in June. A brief summary of the
work to be completed includes:
- Cap a six -inch well
- Bulkhead sanitary sewer service at the sanitary sewer manhole at
the intersection of Mainstreet and Shady Oak Road
- Disconnect water service
Fill the hole on the site with appropriate material and compact as
necessary. In addition, topsoil would be placed on the site along
with seed
It is estimated the cost to undertake this work is approximately $50
o What alternatives does the City Council have regarding the level of
work to be completed by the City?
The attached memo from Mr. Gessele outlines the City's alternatives as
elated to this question. In summary, engineering staff stands by its
original list of abatement requirements as the minimum necessary pursuant
to the City Code, OSHA standards, statutory regulations and minimum
engineering standards. If the Council chooses to alter the requirements,
it may not be possible to complete the work this fall.
o What is the project timetable for abating the nuisance?
The attached memo from Mr. Gessele clearly outlines the schedule for
abating the nuisance, assuming the City Council adopts the resolution
recommended by staff. In summary, assuming the City Council approves the
action recommended by staff, it appears possible to have the abatement work
completed by November 15.
Alt rnatives.
Based upon the action recommended by staff, the City Council has the
following alternatives:
1. Approve the action as recommended by staff. This will allow staff
to continue to undertake the necessary steps to abate the nuisance
on the subject property.
2. Adopt a resolution which terminates any further action regarding
the abatement of the nuisance on the subject property.
3. Adopt a resolution which calls for abatement action, but provides
the property owner additional time within which the nuisance must
be abated. If the property owner does not abate the nuisance
within the specified period of time, the City would undertake the
abatement of the nuisance. This alternative jeopardizes the
ability for the City to undertake abatement action this year if the
property owner does not do the work.
4. Order the abatement of the nuisance, but reduce the scope of the
work to be undertaken by the City to abate the nuisance. This
alternative may jeopardize the ability for the City to undertake
the work this year.
5.. A combination of alternatives 3 and 4.
e
CITY OF HOPKINS
MEMORANDUM
DATE: August 28, 1991
TO: Tom Harmening, Community Development Director
FROM: James Gessele, Engineering Superintendent JI
SUBJECT: Nuisance Abatement at 2100 Mainstreet
Attached to this memo you will find an extensive checklist of
items that will appear under the heading "Special Provisions" as
they pertain to contract documents that will be part of an
overall City project to abate the nuisance at 2100 Mainstreet.
The items listed in sequence depict the scope of work required,
and they are identical to those included in the abatement order
sent to the property owner in June.
Council has expressed concern that abatement requirements
embodied within a City project may be too stringent or that
backfilling of the existing hole will somehow place undue burden
upon future development of the site. The engineering staff
stands by its original list of requirements. The remediation
tasks are driven by City code enforcement, OSHA standards,
statutory regulations, and minimum engineering standards. The
scope of backfilling in the proposed project is such that it
meets safety requirements yet does not encroach upon existing
easements across the rear portion of the lot. Council may choose
to alter some of the requirements in the special provision
section of the bid document. But Council has little choice than
to accept the plans and specifications and order bids at this
point if it wants the hole filled before winter sets in. Bidding
timetable requirements simply don't allow any other alternatives
that meet the Council's test for abatement.
Below is a provisional project timetable based on Council
accepting staff's plans and ordering bids at the September 3
meeting.
September 3 Council accepts plans and
specifications and orders bids
September 11 & 18 Ad for bid in Sailor
September 13 & 20 Ad for bid Construction Bulletin
September 24 Bid opening
October 1 Council awards contract
October 4 Preconstruction conference
October 9 Construction begins
November 15 End of project
2100 Mainstreet
List of Requirements for Abatement
Sawcut bituminous parking lot edge and install curb stops to
deter access.
Locate and cap existing 6" well. Work must be done by a state -
licensed well contractor and requires permits.
Install new curb box onto existing (1 1/2 water service at
property line. Contractor is to take out required permits from
city and county.
Bulkhead existing (8" VCP) sanitary sewer service in sanitary
manhole per water and sewer superintendent's requirements and
requires city or county permits. This sanitary manhole is
located at center line of Shady Oak Road and Mainstreet.
Site clearing and grubbing, if needed, must be done in accordance
with MN /DOT Standard Specifications for Construction, Section
2101, clearing,and grubbing.
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).
Remove fence and gate section and haul off site to an appoved
disposal site (see Exhibit A).
Remove concrete stairwell and east concrete sidewalk to proposed
elevation 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).
Remove concrete slab and adjacent footing foundation at base of
previous basement and haul off site to an approved disposal site
(see Exhibit A).
Remove concrete ramp in south parking area and haul off site to
an approved disposal site (see Exhibit A).
Backfill with granular borrow 1988 MN /DOT Standard Specifications
for Construction, Section 3149.2A - Granular Material.
Backfilling Operations - Place backfill materials in layers as
required but not more than two feet (24 in loose depth for
granular material compacted by heavy compaction equipment and not
more- than 4 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.
The project site contains no topsoil for use in turf
establishment on the disturbed areas. The contractor shall be
responsible for obtaining a topsoil borrow source to cover area
with 6 depth. The topsoil borrow shall be specified in MN /DOT
3877.
The site shall be seeded with MN /DOT Seed Mixture No. 500 spread
at a rate of 100 pounds per acre. Turf areas are to ' be watered
as necessary to maintain in a moist condition until areas are
approved. Seeded or sodded areas to be mowed to a height of 1
1/2 inches prior to acceptance by the owner.. Areas failing to
show a good stand of grass within four.weeks shall be reseeded at
the contractor's expense; also before June 1 the following
spring, to all areas failing to show a good stand of grass.
All seeded areas shall be mulched with MN /DOT Type 1 mulch,
spread at the rate of two tons per acre and disc anchored.
Erosion control bales (hay or straw) densely compacted and
tightly wrapped with bailing wire in three strands to resist
unraveling are to be installed. The bales are to be staked with
steel fence posts or steel rods and backed with snow fence or
filter fabric along all slopes.
Remove. all debris from site and haul off site.to an approved
disposal site.
Return snow fence to the City of Hopkins Public Works Department.
Placement of traffic control signs at intersection of Shady Oak
Road and Mainstreet is to be incidental to the contract.
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City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 91 -114
RESOLUTION ORDERING ABATEMENT OF NUISANCE AT
2100 MAINSTREET, HOPKINS, MINNESOTA
WHEREAS, the Hopkins City Council, pursuant to proper notice
duly given as required by Hopkins City Code, Section
615.11, Subd. 4., met September 3, 1991, with regard to
the proposed City Council's abatement of a nuisance at
21.00 Mainstreet, Hopkins, Minnesota, Hennepin County,
and the assessment of the abatement costs against said
property, and;
WHEREAS, the Council finds that inspection of the property at
2100 Mainstreet revealed the following conditions:
- open and unfilled excavation and foundation;
unsealed water well;
improperly disconnected and unsealed water line and
sewer line; and
- generally unkempt premises filled with debris, refuse
and weeds, and;
WHEREAS, the City Council therefore finds that the above -
described conditions constitute a nuisance as defined
by the Hopkins City Code, Section 615.02, and;
WHEREAS, The City Manager, by order dated June 21, 1991, had
ordered the owners of the property to correct the
nuisances by July 30, 1991, and;
WHEREAS, the City Council finds that such corrections were not
completed by.July 30, 1991, and have not been completed
as of September.3, 1991.
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of
Hopkins
1. That remedial work necessary to correct the nuisance at
2100 Mainstreet be performed immediately in accordance
with the specifications prepared by the Hopkins City
Staff and submitted to the City Council September 3,
1991. Such plans and specifications, a copy of which
is attached hereto and made a part hereof, are hereby
approved and ordered placed on file in the office of
the City Clerk.
2. The City Clerk shall prepare and cause to be inserted
in the official paper and in the Construction Bulletin
an advertisement for bids upon the making of such
improvement under such approved plans and
specifications. The advertisement shall be published
twice, at least ten days before date set for bid
opening, shall specify the work to be done, shall state
that bids will be received by the clerk until 2 p.m.,
on the 24th day of September 1991, at the City Hall and
that no bids shall be considered unless sealed and
filed with the clerk and accompanied by a certified
check of bid bond, payable to the City of Hopkins,
Minnesota for five percent of the amount of such bid.
3. The clerk and city engineer are hereby authorized and
instructed to receive, open, and read aloud bids
received at the time and place herein noted, and to
tabulate the bids received. The City Council will
consider the bids, and the award of a contract, at a
City Council meeting of October 1, 1991, in the Council
Chamber.
4. That the City Council intends to assess the costs of
the remedial, work against the property, and that the
Council intends to hold future hearings regarding such
assessment.
Adopted this 3rd day of September, 1991.
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk