Minutes - Council - 05/15/2012 - Special

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the footings were sized to allow the east wall of The Residence to sit w on a shared footing, as opposed to constructing a separate footing and creating a separation between the walls. He noted that while the ramp and The Residence technically have their own walls, they share a footing, and are treated as one wall when constructed. Water proofing and maintenance will be addressed by Flaherty and Collins, as well as the individual vestibule connections at each floor. The condition is commonly called a "Party Wall" and there is typically an encroachment easement and agreement that accompany this condition. Mr. Lazan presented a draft agreement,. for Council consideration, establishing encroachment easement and addressing the issues related to the construction of the party wall. He stated the development team would like to execute this agreement now, and monitor the construction over the next 12 to 18 months to identify any ongoing items that should be added to the final agreement. He pointed out that following the construction, the final agreement will be prepared and presented for the Council's consideration. He reiterated that the City of Ramsey is the fee owner which is why this case is before the City Council instead of the HRA. He recommended it be conveyed to Flaherty and Collins. He reiterated the footing is shared and because the use on the ramp side requires very little maintenance, and because the firewall constructed as part of the ramp is a relatively simple structure, the responsibility for the ongoing maintenance of the party wall will be placed on the owner of Lot 3. He presented the agreement which outlines those items. He noted that the property line may or may not be perfectly located but it would be wrapped up in a legal agreement. He noted the attorney would have a final review and reiterated this will be monitored over a 12 month or so period. Councilmember McGlone asked how far this is in the process. Mr. Lazan replied they anticipate a staged approach to the Certificate of Occupancy (CO). We would get the agreement before the first CO. He said they are looking at about an 8 -month period. We will document all conditions in the fmal agreement. Councilmember McGlone stated that it did not appear at the first section of the wall. Mr. Lazan stated that the first section is the section against the ramp. City Administrator Ulrich stated the motion must include that the agreement will be approved by the City Attorney. Motion by Mayor Ramsey, seconded by Councilmember Wise to approve the presented encroachment easement agreement, and direct staff to finalize, execute, and record the easement with related exhibits, contingent upon review and approval by the City Attorney. Further discussion: Mayor Ramsey inquired if there are any issues with that wall. Mr. Lazan stated that a number of issues remained due to connectivity of the two buildings. The CAD file provides the design was different by 1.3 feet but it's on a shared wall with the ramp along the hallway so only one foot wider hallway. It seems openings on the finished wall are not lining up but we will look at that and deal with it over the next week. Special City Council Meeting / May 15, 2012 Page 2 of 3