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Home My WebLink About3I. Approve Professional Services for 120 W.DivisionCity 31. Of. Fan ault Request for Council Action TO: Mayor and City Council THROUGH: Chuck Whiting, City Administrator FROM: Peter Waldock, Community Development Director MEETING DATE: March 27, 2012 SUBJECT: Professional Services Proposal for 120 West Division Street BACKGROUND: The City Council passed resolution 2011 -102 ordering abatement of hazardous conditions at 120 West Division Street. The property owner has not complied with notices to repair a failing retaining and repair damage to the home the City has received a default judgment from the District Court authorizing the City to remove the home if needed to complete repairs to the retaining and eliminate hazardous conditions at the site. The City costs for engineering, demolition, repairs to the retaining wall, stabilization of the bluff and legal fees will be invoiced to the owner and if not paid the owner will be assessed for the costs. Two proposals for engineering services to prepare plans for repairs to the failing retaining wall at the subject property have been received by the Building Division. The lowest cost proposal for these services was submitted D.J. Medin Architects, Inc. in the amount of $3,875 (plus surveying costs of $500.00). The Building Division is seeking approval of the lowest cost proposal for construction services to correct the hazardous conditions at the subject site. RECOMMENDATION: Approve the professional services proposal in amount of $4,375 with surveying costs, as submitted by D.J. Medin Architects, Inc. for professional services to design and engineer repairs to the retaining wall and coordinate initial construction at 120 West Division Street in order to address hazardous conditions in accordance with Resolution 2011 -102 and as authorized by the default judgment dated January 20, 2012. Attachments: • Professional Services Proposal • Default Judgment KABuilding Code Services \Hazardous Buiildings \120 Division Street] \3 -27 -12 Engineering Proposal Council Memo.doc February 15, 2012 City of Faribault 208 N.W. 15t Ave. Faribault, MN 55021 Attn: Al Ernste — Building Official Re: Fee Proposal for Retaining Wall Replacement (Revised) 120 West Division Faribault, MN Dear AI: a v`i RS 1 r architects,;nc. It has taken a little time to gather some information and numbers so hopefully you didn't take the delay as a lack of interest. To develop as accurate a number as possible, we are assuming that our structural consultant will make two trips to review site conditions with City Staff and, to coordinate initial construction. Assuming that the City has accurate property line locations at the location, our estimated fee to accomplish the re- design the wall in the area of the temporary retaining blocks would be $3,875.00. Please let me know if you have any questions or need further information. Thank you. Sincerely yours, David J. Medin, Architect President Bvr 203 NW 1st Ave, Suite B, Faribault MN 55021 Ph. 507/ 334 -2252 info @djmedinarclutects.com Architecture, Interim, Design and Space Planning Ste- a P State of Minnesota District Court Rice County Third District -- - Court File _Number: 66 -CV -1 1 -3268 Case Type: Civil Other /Misc. FARIBAULT HOUSING & Judgment REDEVELOPMENT AUTHORITY C/O PETER WALDOCK 208 1 ST AVENUE NW FARIBAULT MN 55021 In Re: In the Matter of the Hazardous Building Located at 120 Division Street West, Faribault, Minnesota You are notified that judgment was entered on January 20, 2012 . Dated: January 20, 2012 Hans Holland Court Administrator By: JAM- Deputy Court A ninistrator Rice County District Court 218 NW 3rd Street Faribault MN 55021 507 -332 -6107 cc: Josie L Kazee Mortgage Electronic Registration Systems, Inc Wells Fargo Bank, NA SCOTT JOHN RIGGS A true and correct copy of this notice has been served by mail upon the parties herein at the last known address of each, pursuant to Minnesota Rules of Civil Procedure, Rule 77.04. MNCIS -CIV -137 STATE Notice of Entry of Judgment Rev. 4/2003 STATE OF MINNESOTA COUNTY OF RICE In the Matter of the Hazardous Building COPY DISTRICT COURT THIRD JUDICIAL DISTRICT Case Type: Other Civil Court File No.: 66 -CV -11 -3268 Located at 120 Division Street West, PROPOSED ORDER FOR Faribault, Minnesota DEFAULT JUDGMENT --------------------------------------------------- - - - - -- AND JUDGMENT This matter came before the undersigned on January 19, 2012, at the Rice County District Court, in Faribault, Minnesota, upon the City of Faribault's ( "the City ") Motion for Default Proceedings for Enforcement of Order for Abatement of a Hazardous Building. Mary D. Tietjen, attorney for City, and Alan Ernste, Building Official appeared on behalf of the City of Faribault. Based on all the documents, evidence and arguments of counsel presented herein, the Court makes the following findings of fact, conclusions of law and orders: FINDINGS OF FACT 1. This action involves real property located at 120 Division Street West in the City of Faribault, Minnesota, which property is legally described as follows: That part of Lot 6, Block 78, in the Original Town, now City, of Faribault and that part of Lot 2, Block 2 of Southern Addition to Faribault, enclosed by the following boundary lines, to -wit: Commencing at the southeast corner of Lot 2 and running thence due North 70 feet; thence due West parallel with the North line of said Lot 2 to intersect with the East line of lands owned by J.N.C. Cottrell; thence due South along said Cottrell line to North line of Front, now Division Street, thence along the North line Easterly of said Front Street to the place of beginning, County of Rice, State of Minnesota ( "Subject Property ") 2. The Subject Property was previously owned by Ms. Josie Kazee. The two original lienholders of record were Mortgagee Electronic Registration Systems, Inc ( "MERS "). (Lender /Mortgagee) and Faribault Housing and Development Authority (mortgagee). 3. Personal service of the Summons, the Order and a certified copy of the Resolution were made on: 1) then owner, Ms. Kazee, 827 Barron Road, Faribault, MN 55021 on July 20, 2011; and 2) authorized agent of Mortgage Electronic Registration Systems, Inc. on July 21, 2011. Service of the Summons, Order and Resolution was made by mail on the Faribault HRA on July 18, 2011. 4. The Subject Property has since gone through foreclosure and Ms. Kazee no longer owns the property. MERS assigned its mortgage to Bank of America, N.A. The file is being serviced by Wells Fargo Bank, N.A. Wells Fargo received notice of this motion. 5. The Subject Property consists of a single family dwelling and garage. 6. Minnesota Statutes, Section 463.16 authorizes the governing body of any municipality to order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building. 7. Minnesota Statutes, Section 463.15, subdivision 3 defines a "hazardous building or hazardous property" as "any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health." 8. Minnesota Statutes, Section 463.161 et seq. authorizes a city to correct or remove the hazardous condition of any hazardous building or property if the owner of OA record fails to do so after a reasonable time and the district court enters a judgment sustaining the city's order. 9. Alan Ernste, the City's Building Official performed a physical inspection of the Subject Property on October 28, 2010 and November 17, 2011. After the October 28, 2010, inspection, the City completed temporary emergency repairs to the retaining wall by agreement with the owner. The parties' agreement also provided that further repairs to the wall were necessary which may require the removal or repair of the,residence and garage. 10. On June 14, 2011, the City Council of the City of Faribault passed Resolution No. 2011 -102 ( "Resolution "), which concluded that the retaining wall on the Subject Property constitutes a hazardous condition within the meaning of Minnesota Statutes, Section 463.15, subdivision 3 and authorized the issuance of an order for abatement thereof ( "Order "). 11. Due to the deterioration of the retaining wall, the buildings on the property are unstable and in danger of collapse and therefore, a hazard to public safety. The wall, garage and residence must be repaired or removed. 12. There have been no steps taken by any interested party to abate the hazardous conditions on the Subject Property. 13. No interested party has filed an Answer with the Court or otherwise complied with the Order. 14. No interested party, besides the City, appeared at the January 19, 2012 hearing for this matter. 3 CONCLUSIONS OF LAW AND ORDER 15. The City's Motion for Default Proceedings for Enforcement of the Order for Abatement of a Hazardous Building is hereby granted pursuant to Minnesota Statutes, Section 463.19. 16. The City may enter the Subject Property pursuant to Minnesota Statutes, Section 463.21 in order to enforce the City's Order. The City may repair or remove the hazardous conditions, including the retaining wall, garage and residence. 17. The City's costs to do the work may be recovered by the City in accordance with Minnesota Statutes, Section 463.21. 18. The City may also recoup its expenses incurred as a result of its enforcement of the City Council Order, in accordance with Minnesota Statutes, Section 463.22. 19. This Order is binding on all owners, mortgagees and lien holders of record as well as their successors in interest, if any. 20. A copy of this Order shall be mailed by the Court Administrator forthwith to the persons upon whom the original Order for Abatement was served by the City. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: u.,ti,r 1-1,2012— I hereby certify the above order dated January 19, Dated Q 0 n u rk k a�j �_ 4 By the Court: Judge of the District Court 2012 constitutes the judgment of this court �i�nJS /-� / /�t-n � - C ok a.�-- A t� r1 n ► s rrt.a —�-r-L Sr Deputy Clerk