Sanitary Sewer Installation - 1195 Thomas PlaceTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Sanitary Sewer Installation at 1195 Thomas Place
DATE: October 29, 2008
Housing and Community Development Department Director David Harris is
recommending approval of an agreement with Anna Kim, the current owner of 1195
Thomas Place, for her to do some home repairs and the City to extend sanitary sewer
service.
This is mainly an extension of a previous agreement that expired in August 2005.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
24 October 08
To: Michael C. Van Milligen, City Manager
From: David Harris, Housing and Community Development Department
Re: Sanitary Sewer Installation at 1195 Thomas Place
Introduction
The purpose of this memorandum is to request the City Council's approval of the
attached agreement, providing for cost-sharing for the installation of a sanitary
sewer system for asingle-family home located at 1195 Thomas Place.
Background
The Health Department first became involved in this property in 2003, with a
notice to the owner to connect to sanitary sewer. Because the house was
severely dilapidated, however, it was determined infeasible to share the costs of
installation. The property lacked sufficient value to justify the City's investment in
a costly system. The matter was referred to the Housing Department.
The owner, Thomas LeClere, was interested in selling the property. Housing
Department staff located a buyer and developed a work specification for
completion of all necessary rehabilitation. The new buyer, Anna Kim, worked
diligently to restore the property. An agreement was approved by the City
Council with Ms Kim in March 04 to cost-share installation of the sewer. Under
these terms, the owner pays 15% of the assessed value of the property toward
the sewer connection costs; Engineering Department funds are used for the
balance.
Due to the extensive nature of the required repairs, the owner requested and the
Council subsequently approved an extension to this agreement, in May 05, with
an expiration date in August 05.
Discussion
The sanitary sewer system has yet to be installed. Anna Kim has now moved to
another state and has notified us of a pending sale of the property to a new
buyer. She has requested that the agreement for cost-sharing of the sewer
installation be assigned to her buyer. However, the agreement has expired and
must be reaffirmed with Ms Kim. Also, a short section of retaining wall that she
was required to repair actually abuts an adjoining property and was removed
from the agreement.
An inspection of the property in October determined that all original items
requiring repair have been completed excepting one. Ms Kim has agreed to
complete installation of eavestroughs and downspouts, as required, as a
condition of sale to her buyer.
Action Step
The action requested of the City Council is to approve the attached agreement
with Ms Kim, prepared by City Attorney Lindahl, with an extension deadline of 1
December 08.
cc:
Attorney Lindahl
Mary Rose Corrigan, Public Health Specialist
Gus Psihoyos, City Engineer
This Agreement is made and entered into by and between the City of Dubuque,
Iowa (City) and Anna Kim (Kim), this 30th day of October, 2008.
WHEREAS, Kim is the owner of the residence at 1195 Thomas Place (the
Property); and
WHEREAS, Kim desires to sell the Property; and
WHEREAS, the Property is currently served by a private waste disposal system
which is defective and which impairs the marketability of the Property.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
Kim shall complete the repairs to the Property set forth on Schedule A,
attached, by no later than December 1, 2008, and in the event she does not,
this Agreement shall automatically terminate on December 1, 2008. The
parties acknowledge that all repairs identified on Schedule A, attached
hereto, have been completed to the City's satisfaction, except for No. 7, which
must be completed on or before December 1, 2008. All such repairs shall be
in compliance with applicable City codes, regulations and ordinances.
2. Upon completion of the repairs set forth in Paragraph 1 to City's satisfaction,
Kim shall be required to connect the Property to the public sanitary sewer.
City shall assist Kim with the cost of connection to the public sanitary sewer
system. Kim shall pay the first $4,500 of such costs to City upon execution
and delivery of this Agreement to City and City shall pay the costs in excess
of $4,500. City shall refund the $4,500 payment if the sewer is not
constructed.
3. This Agreement shall be assignable by Kim to a bonafide purchaser of the
Property but only on the condition that the assignee assumes all responsibility
for the conditions herein. In the event of such assignment, Kim shall give City
written notice thereof within seven (7) days after such assignment.
ltd WITNESS WHERE®F, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF DUBUQUE, IOWA
By::
Michael C Van Milligen
City Manager
ANNA KIM
S:\wp\CASES\SARAH -Cases\Real Estate - 20081Norman Ryan\Agreement.doc
SCHEDULE A
1. Repair or replace upper sidewalk steps; approximately 11 risers.
2. Repair stucco on house exterior, where deteriorated.
3. Replace rotted windowsills on front porch.
4. Install new exterior windows (storm sash will take care of this) on front porch and
otherwise where missing or broken on house; 14 windows.
5. Repair/replace rotted or missing soffit and fascia.
6. Install new asphalt shingle roofing, with adequate flashing and venting.
7. Install adequate eaves trough/downspout system to drain roof water away from
house; this should include removal of the "yankee" gutter system and
replacement with a seamless aluminum system. Replacement of the existing
system is not required but is recommended, as a more cost-effective solution.
8. Remove and re-frame rear porch/addition; to include installation of complete new
roof structure and asphalt shingle roofing. This does not require installation of
new windows, doors or siding: what is included is to replace the existing rotted
structure and maintain a roofing system over the rear entry.
9. Remove all debris from yard area.
10.Install plastic "bubble" covers over window wells, to replace existing rotted
boards and keep water from entering basement.
11. Install a drain system to direct water run-off away from house to the street, while
eliminating present erosion problems that have caused the street retaining wall to
partially collapse. This should include apoured-concrete "trough" with a catch
basin and 4-inch pipe installed through the retaining wall at the street; this is the
recommended solution to this problem.
12. Rebuild approximately 20-feet of rear retaining wall.
13. Remove existing dead/deteriorated trees; including at top of upper sidewalk
steps and at rear retaining wall.
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