HomeMy WebLinkAboutAgenda Report 5J 9/8/2009
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
SEPTEMBER 8, 2009
5J
JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING AN EXTENSION
TO AN AGREEMENT TO ALLOW THE TEMPORARY STORAGE OF A
STRUCTURE ON THE PROPERTY AT 16037 TAHINKA PLACE NW
Introduction
The purpose of this agenda report is to consider a resolution approving a 60-day
extension to the agreement with Gerald and Theresa Schrank to allow the
temporary storage of a vacant and unoccupied structure on the property located
at 16037 Tahinka Place NW. The original agreement stated if the property owner
fails to remove the structure within 90 days of the agreement (September 15,
2009), the City will do the necessary work and use the owner's letter of credit to
pay the costs.
Historv
On June 15, 2009, the City Council adopted Resolution 09-089, approving an
agreement with Gerald and Theresa Schrank. The agreement allowed the
Schrank's to move and temporarily store the vacant structure to the lot next door,
at 16037 Tahinka Place NW. This house has been donated to Habitat for
Humanity and will be relocated to the property at Elm and CR 12.
Current Circumstances
The original agreement (see attached) provided 90 days to make arrangements
to move the house to a more permanent site. The Schranks submitted a letter of
credit for $6,500 to cover the cost of demolishing the structure in the event the
house was not removed. The original agreement also allowed the Schrank's the
opportunity to request a 30-day extension to the 90-day timeline.
The attached letter from Mr. and Ms. Schrank requests a 60-day extension. This
would give them to November 15, 2009, to relocate the house. They believe this
will allow Habitat for Humanity the time they need to get the house in place.
There are two major issues pertaining to this request.
1. The original agreement states "upon mutual agreement of both parties this
agreement may be extended for thirty (30) days." A 30-day extension would
allow the house to be stored until October 15, 2009. The staff has asked the
City Attorney whether the Council can authorize a 60-day extension to the
contract at this time, or whether an additional request must be submitted after
a 30-day extension is approved. The City Attorney believed that the Council
may amend its original agreement to provide for a sixty-day extension or
approve a thirty-day extension and an additional thirty day-extension, if
necessary.
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2. The letter of credit submitted with the original agreement expires on October
5, 2009. If the City Council approves the extension, it should be subject to
the condition that the letter of credit is renewed for the same amount of time.
In the past year, the City has dealt with several complaints about vacant
structures. It is not our intent to allow creation of more of these complaints. In
this case, there are few established neighbors, and the lot next door will be
undergoing construction. The relatively short timeline ensures removal of the
structure before winter and before the new house is occupied. The agreement
also provides a letter of credit which will allow the City to demolish the structure if
necessary and at the owners' expense.
FINANCIAL
IMPACT:
The letter of credit ensures any costs to the City will be recovered. If the
extension is approved, the LOC must be renewed for the same amount of time.
ALTERNATIVES:
1. Adopt the attached resolution approving the 30- or 60-day (subject to City
Attorney approval) extension to the agreement to allow the temporary storage
of a vacant and unoccupied structure on the property located at 16037
Tahinka Place NW, subject to the condition the letter of credit is renewed for
the same amount of time.
2. Other action as directed by the Council.
RECOMMENDED
MOTION:
A motion and second adopting a resolution approving the extension to the
agreement to allow the temporary storage of a vacant and unoccupied structure
on the property located at 16037 Tahinka Place NW, subject to the condition the
letter of credit is renewed for the same amount of time.
Reviewed by:
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WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 09-xxx
Motion By:
Second By:
The City entered into an Agreement with the fee Owner is the fee owner of the following property
located at 16037 Tahinka Place, NW, Prior Lake MN and described in Scott County,
Minnesota, legally described as follows,: tG-wit;.
Lot 2, Block 2, Bluffs of Northwood Meadows, and having a street address of 16037 Tahinka
Place NW (the "Property").
and
The Property is currently vacant; and
The Owner desires to move an existing house ("Structure") located at 16046 Tahinka Place NW
and temporarily store the Structure on the Property; and
The City is willing to permit the temporary storage of the Structure on the Property by the Owner,
subject to the following terms and conditions of this Agreement; and
The City Council adopted Resolution 09-089 on June 15, 2009, approving an agreement to allow
the temporary storage of a structure on the property until September 15, 2009; and
The Owner has requested a 60-day extension to the deadline, to allow the structure to be stored
on the property until November 15, 2009; and
The City Council has considered this request and finds it consistent with the original agreement.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as
follows:
1. The recitals set forth above are incorporated herein.
2. The City Council hereby authorizes the extension of the deadline to allow the temporary storage of a vacant
and unoccupied structure on the property located at 16037 Tahinka Place NW from September 15, 2009, to
November 15, 2009.
3. This deadline shall not be effective until the Owner has renewed the Letter of Credit it provided to the City for
60 days beyond its current expiration date.
4. In the event the property owner fails to renew the Letter of Credit by September 15, 2009, or fails to remove or
demolish the structure by November 15, 2009, the City may demolish the structure in accordance with the
Agreement.
PASSED AND ADOPTED THIS 8TH DAY OF SEPTEMBER, 2009.
YES
NO
Haugen Haugen
Erickson Erickson
Hedberg Hedberg
LeMair LeMair
Millar Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
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Phone 952.447.9800 / Fax 952.447.4245
AGREEMENT FOR TEMPORARY STORAGE OF VACANT STRUCTURE ON PROPERTY
Agreement made this 15th day of June, 2009, by and between the City of Prior Lake,
Minnesota, a Minnesota municipal corporation ("City"); and Gerald D. and Theresa M. Schrank,
a married couple ("Owner").
RECiTALS
A. The Owner is the fee owner of the following property described in Scott County,
Minnesota, legally described as follows, to-wit:
Lot 2, Block 2, Bluffs of Northwood Meadows, and having a street address of
16037 Tahinka Place NW (the .Property").
B. The Property is currently vacant.
C. The Owner desires to move an existing house ("Structure") located at 16046
Tahinka Place NW and temporarily store the Structure on the Property.
D. The City is willing to permit the temporary storage of the Structure on the
Property by the Owner, subject to the following terms and conditions of this
Agreement.
AGREEMENT
In consideration of the foregoing and the mutual covenants herein, the parties agree as
follows:
1. The recitals set forth above are incorporated herein
2. Temoorarv Storace Permitted. The City hereby approves the temporary storage
of the Structure on the Property subject to the following conditions:
a. While stored, the Structure must be secured according to the provisions of
Prior Lake City Code Section 605.700. "Secure" may include, but is not
limited to, installing locks, repairing windows and doors, boarding
windows and doors, posting "no-trespassing" signs, installing exterior
lighting or motion-detecting lights, fencing the property, and installing a
monitored alarm or other security system.
b. The Structure must be moved to its permanent location or demolished by
September 15, 2009.
c. A letter of credit in the amount of $6,500.00 to cover the cost of demolition of
the Structure must be maintained.
d. If the Structure is not removed by September 15, 2009, the City has the right
to enter the Property and remove the Structure, and use the Letter of Credit
to pay for the cost of the demolition plus any expenses incurred by the city to
enforce this agreement.
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3. Maintenance. The Owner shall be solely responsible for maintaining the stored
Structure and Property as may be reasonably necessary to maintain such improvement in good
repair and in a condition that does not constitute an eyesore in the neighborhood.
4. Lienholders' Consent. Any person claiming an interest in the Property, whether
as mortgagee, lienholder, or otherwise, must consent to the terms and conditions of this
Agreement and agree to be bound by the terms and conditions hereof.
5. Termination. The City may, at its sole discretion, terminate this Agreement at
any time by giving the Owner of the Property fifteen (15) days written notice to remove the
Structure. The Owner shall remove or demolish the Structure on or before the date set out in
the notice of termination, The cost to remove the Structure is the sole responsibility of the
Owner.
a. If the Owner fails to remove or demolish the structure, as required hereby,
the City may do so and use the Letter of Credit provided for in Paragraph 2C
to pay for the cost of removal of the Structure.
6. Right of Entry. The Owner hereby consents and grants unto the City, its
contractors, agents and assigns, the right to enter upon the Property and commence all
activities therewith, for the purposes of removing the stored Structure upon the conditions of
either Paragraph 20 or 5A being invoked.
7. Hold Harmless and indemnitv. The Owner shall indemnify, defend and hold the
City and its employees, contractors, agents, representatives, elected and appointed officials,
and attorneys harmless from any and all claims, damages, losses, costs and expenses,
including attorneys' fees, arising from, based on, or related to the Owner being allowed to
temporarily store the vacant structure on the Property, including, but not limited to, any claim
asserted against the City as a result of the failure of the Owner to maintain the Property in such
a condition as to prevent against injury to persons or property.
8. Entire Aareement. This Agreement contains all the terms and conditions relating
to the storage of the Structure on the Property and replaces any oral agreements or other
negotiations between the parties. No modifications of this Agreement shall be valid until they
have been placed in writing and signed by all parties hereto.
9. Extension. Upon mutual agreement of both parties this agreement may be
extended for thirty (30) days. Any request for an extension must be submitted no later than
August 24, 2009.
CITY OF PRIOR LAKE
PROPERTY OWNER
Ge~mQf ~~
~-771.~
Theresa M. Schrank
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STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me thi~ay of ~ . 2009,
by Jack Haugen, Mayor of the City of Prior Lake, Minnesota, a municipal corpo~ehalf
of the corporation.
CHARLOTTE R. GREEN
NOTARY PU6LIl.:' M:i\N=SOTA
My Commission Expires Jan. 31,2010
~~
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this ~ay of 0..._ tJ 2009,
by Frank Boyles, City Manager of the City of Prior Lake, Minnesota, a municipa~n on
behalf of the corporation.
CHARLOTTE R. GREEN
NOTARY PU6L1l.:, 1.',,",I-I;oSOTI-
My Commission Expires Jan. 31, 2Q10
~~
NOTARY PUBLIC
STATE OF MINNESOTA
)
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this ;..r.lt"day of ~. '
2009, by Gerald D. Schrank and Theresa M. Schrank. J-
~. l'
,';,148 ~ 0
N ARY PU~~IC
THIS iNSTRUMENT WAS DRAFTED BY: JUDITH ':JiN"
NOTARY PUBLIC - r,1INNESOTI'o
My Commlsslon Expires Jan. 31, 2010
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
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Scott County, MN
Propel1Y Information
P~rcen~:8!i4590140
TaxPaye..Name; GERALD D & THERESA M
TaX/layer Address1: ,2555~ FAIRlAWN AVE
Ta,xpaya' Add~ess2:
Taxpayei'Address3: WEBSTER MN. 550BB
Property Address1: 10037TAHINKAPL NW
propelty Addrl\~s.2: PRIOR LAKE MN
S~~ooI Dlst~ct: 719
Estimat8d Land ValUl\: $150,Qoo
!;sftmal~ !3ulldlng~ ValtJe,: $0
Tolal Estimated Merket Value: $150,Mo
liomeStyll\:
,Prime square FQOtage:
BedroomS:
BathlD()l1'lS:
Year BOllt'
Last Sala Dat&:
Th~ d,r.a.".;ng is neithf!( _/j le_O'I!i Ncor(led "'*li~,.1ld i!i not
inten~,e<!tClbeused~(l~e._Thi8' .' recol'da,
infol'r'nation, and daUi 'h)c8~ n lc::ea, ~nd
otr\er<<iuroea~ffedirQh..iU __ _.' ___ _' ,'_ .tenoe
pu~aes(Jnly, ~~Countr..nd, .' . " ,anyi~aCi&.~"in'
oont..Nd. If d~~ttnieai:l_re fc.un~. pleaH eol'itBd tt'tee.cau. ~unlY c
Su~~rtiOl'fice. . ,-
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/"l!llt ~llle Value:
Deeded Arireage: 0.43
GISACIl!49e; 0.42629
Zoni'tg C1as!llncaJlon:
Legal D~.%t1on: $8cl-01 TWJ!'.11,4
~~~~BluFf~OF NORTHWOOD
Plat.Nimie: PLAT-25459 BLUFFS OF
BI6d<: 2
,Lot: 2
Septic Type:
D.atelnstalled:
Tank 1 Capaclly:
Tank 20apacly:
Pull1p T'mk Capl'lcily:
Date otL8st Pump;
uP/qua, V{e1I,~ Bqiing No.;
Well DePth Drlled:
Well Dale Drilled:
Map Sc:a1,e
1 inch'" 100 feet
Map Date
613/2009
N
W+E
S
'n' ,,~,'".""
'SCott
4
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August 24) 2009
City of Prior Lake
Attn: Danette Parr, Bob Hutchins
Jerry and Terrie Schrank
25553 Fairlaw11 Ave.
Webster, MN 55088
Danette and Bob,
Per our letter of permission to store the vacant house on our lot at 16037 Tahinka Place) if
we expectl?d to keep the home on the vacant lot past September 15,2009 it was requested
that we make that request by today.
To that end) as you are aware, Habitat for Humanity is planning on taking the house.
However, it is very likely at this point that they will not be ready for the home by
September 15. It also appears"that they wiII be ready sometime between October 15 and
November I. Allowing for the potential for inclement weather as we get into the autumn
time fi'ame, we think it is pmdent to add a smaIl time buffer into that projection.
Therefore, at this time we are asking that a 60-day extension be granted to the request for
the temporary storage of the home at 16037 Tahinka Place, with a new removal date of
November 15. All other terms of the existing agreement would remain in effect as
written.
We thank you for your effol1s thus far and your consideration of this request.
Respectfully,
'-3- \() 5' G. (J
) (. ~
Jerry and Te11'ie Schrank
y}lPA.e.-~........ -; J) Ae./V(.(l.;..I'c./
E-mail Version sent 011 August 24,2009. Signed copy mailed that date as well.
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