HomeMy WebLinkAbout2009-003 Council Resolution•
•
Gallup
Council Member introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 09-03
RESOLUTION ACCEPTING QUOTES AND AWARDING A CONTRACT -
DEMOLITION OF HAZARDOUS STRUCTURES AT 745 OAK LANE
WHEREAS, pursuant to a request for quotes for the demolition of hazardous structures
at 745 Oak Lane, quotes were received, opened and tabulated according to law, and
the following quotes were received complying with the request:
Contractor Amount of Bid
Amt Construction Company $13,940.00
Glenn Rehbein Companies $22,700.00
Rooster Construction No Bid
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract
with Amt Construction Company, Inc., in the name of the City of Lino Lakes for the
demolition of hazardous structures at 745 Oa
on, - yor
ne Bartell, ity erk
Adopted by the Lino Lakes City Council this 12th day of January, 2009.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member O'Donnell and upon vote being taken thereon, the following
voted in favor thereof: Gallup, O'Donnell, Stoltz, Reinert, Bergeson
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
AGENDA ITEM 6C
• STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: January 12, 2009
•
TOPIC: Resolution No. 09 — 03, Accepting Quotes and
Awarding a Contract, Demolition of Hazardous
Structures at 745 Oak Lane
VOTE REQUIRED: Simple Majority
BACKGROUND:
Resolution No. 08 -71 ordered the Removal of Hazardous Structures at 745 Oak Lane.
That resolution further ordered that unless action is taken by the property owner to
remove the hazardous structure the City would seek a Judgment for Enforcement of the
resolution. The property owner did not take action after notification of the requirements
of Resolution No. 08 -71. On October 22, 2008 the District Court heard the petition from
the City of Lino Lakes for a Judgment of Enforcement; the District Court authorized the
City of Lino Lakes to immediately cause the hazardous structures to be removed and to
levy the costs for removal as a special assessment against the property at 745 Oak
Lane. A copy of Judgment for Enforcement of Resolution No. 08 -71, ordering the
Removal of Hazardous Structures, is attached.
The City had the building inspected by a licensed inspector for regulated waste as
required by the Minnesota Pollution Control Agency. An amount of regulated waste
requiring abatement was found during the inspection. Additional regulated waste may
be discovered as the building is demolished, which may require additional abatement.
A bid proposal letter soliciting quotes for the demolition of hazardous structures at 745
Oak Lane was sent to Glenn Rehbein Companies, Amt Construction Company, Inc.,
and Rooster Construction. Quotes were received on December 23, 2008. The results
of the quotes are presented below.
Contractor Amount of Bid
Amt Construction Company $13,940.00
Glenn Rehbein Companies $22,700.00
Rooster Construction No Bid
Staff is recommending awarding the contract for the demolition of hazardous structures
at 745 Oak Lane to Amt Construction Company, Inc. A copy of the complete quote
tabulation is attached.
• RECOMMENDATION:
Staff recommends approval of Resolution No. 09 — 03, Accepting Quotes and Awarding
a Contract, Demolition of Hazardous Structures at 745 Oak Lane.
•
•
TABULATION OF BIDS
DEMOLITION OF HAZARDOUS STRUCTURES AT 745 OAK LANE
CITY OF LINO LAKES, MINNESOTA
BIDS OPENED: DECEMEBER 23, 2008, AT 10:00 AM
ITEM NO.
1
ITEM
REMOVAL OF ALL REGULATED
WASTE PRIOR TO DEMOLITION
2
3
4
TOTAL
BASE BID
REMOVE HOUSE STRUCTURE
REMOVE ACCESSORY
STRUCTURE
SITE WORK (Abandon septic, well
and remove site debris)
UNIT QUANTITY
�r.
LS 1
LS 1
LS 1
LS 1
ARNT CONSTRUCTION GLENN REHBEIN ROOSTER
COMPANY, INC.
UNIT PRICE
TOTAL
AMOUNT
$ 3,950.00
$ 5,400.00
$ 2,500.00
$ 2,090.00
COMPANIES CONSTRUCTION
UNIT PRICE
TOTAL
AMOUNT
$ 3,950.00 $ 3,300.00 $ 3,300.00
$ 5,400.00 $11,500.00 $ 11,500.00
$ 2,500.00 $ 4,000.00 $ 4,000.00
$ 2,090.00 $ 3,900.00 $ 3,900.00
$ 13,940.00 $ 22,700.00
UNIT
PRICE
TOTAL
AMOUNT
NO BID SUBM
State of Minnesota • District Court
Tenth Judicial District
Anoka County
SCOTT C. BAUMGARTNER
2140 4TH AVE N
ANOKA MN 55303
Court File Number: 02 -CV -08 -7080
Case Type: Civil Other/Mfisc.
Notice of Filing of Order
In the Matter of the Hazardous Building Located at 745 Oak Lane, Lino Lakes, MN 55014
You are notified that on October 22, 2008, the following was filed:
Order -Other
Dated: October 31, 2008
cc: James K Ash
Jane F. Morrow
Court Administrator
Anoka County District Court
325 East Main Street
Anoka MN 55303 -2489
763 -422 -7350
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.
•
STATE OF MINNESOTA
COUNTY OFANOKA.
1
In the Matter of the Hazardous Structure
located at 745 Oak Lane, Lino Lakes,
Minnesota
vs.
James K Ash,
Petitioner,
Respondents.
DISTRICT COURT
TB4TH JUDICIAL DISTRICT
CASE TYPE 14: OTHER
JUDGMENT FOR ENFORCEMENT OF
RESOLUTION 08 -71 ORDERING THE
REMOVAL OF HAZARDOUS•STRUCTURE
Court File Number CV-08-7080
IN THE MATTER OF THE RESOLUTION ORDERING REMOVAL OF HAZARDOUS
STRUCTURE LOCATED AT 745 OAK LANE, LINO LAKES, MINNESOTA.
The above captioned matter came on for hearing before the undersigned Judge
of District Court, at the Anoka County Courthouse, Anoka County, Minnesota, on the
22' day of October, 2008, upon Petitioner's Motion for Default Judgment.
Petitioner was represented by Scott C. Baumgartner. There was no appearance by or
on behalf of any of the owners of record of the subject property. The matter
proceeded as if on default and the Court received evidence from the City of Lino
Lakes regarding enforcement of a resolution ordering the removal of hazardous
structures pursuant to Minn. Stat. §463.15, et seq.
Based upon the foregoing, and upon all the files, records and proceedings
herein, the Court now makes the following:
FINDINGS OF FACT
1. That the City of Lino Lakes is a statutory city established pursuant to
the laws of the State of Minnesota under Chapter 412 and located in Anoka County,
Minnesota
2. That on July 14, 2008, the City Council for the City of Lino Lakes
adopted Resolution No. 08-71 `Resolution Ordering Removal of Hazardous Structure
In the Matter of the Hazardous Building Located at 745 Oak Lane, Lino Lakes,
Minnesota 55014 and legally described as:
That part of the Southeast 1 Quarter of the Northeast Quarter of sec 8,
Township 31, Range 22, Anoka County, Minnesota, described as follows:
commencing at the Southeast comer of said Southeast Quarter of Northeast
Quarter, thence West along the South line thereof a distance of 466.4 feet
to the point of beginning; thence continuing West along said South line 165
feet; thence North 3 degrees 22 minutes East, 315.1
feet; thence Easterly, 150 feet on line parallel to and 315 feet North of the
South line of said Southeast Quarter of Northeast Quarter to an existing iron
monument; thence Southerly, 315 -feet to the point of beginning. -The
above described tract of land now being a part of lot 14, AUDITORS
SUBDIVISION NO. 100.
3. That Resolution No. 08 -71 constitutes an `order" within the meaning of
Minn. Stat. §463.17 (2004).
4. That pursuant to Resolution No. 08 -71, the City Council of the City of
Lino Lakes found the building on the subject property to be a `hazardous building" for
the following reasons:
1) The roof has collapsed and is rotten, exposing the interior of the
home to the elements and rodents;
2) Portions of the home's walls have been crushed by trees;
3) The floor and interior wall sheathing is rotten and moldy;
4) The foundation is cracked;
5) The home and detached garage have broken windows, which
may be an attractive nuisance to young children; •
2
6) The structure is unstable and is in danger of collapse, which
could cause injury and damage to persons and property
adjacent thereto; and
7) The home condition is beyond repair and is not habitable
5. That in Resolution No. 08-71, the Lino Lakes City Council ordered the
record owners of the premises to remove the building in accordance with a previously
submitted plan.
6. That in Resolution No. 08 -71, the Lino Lakes City Council further
ordered that unless corrective action to remove the hazardous structures is taken or
an answer served upon the City within twenty (20) days after the date of order to
remove such building describes a failure and would prompt the City to seek a motion
for summary enforcement pursuant to Minn. Stat. §463.15, et seq.
7. That pursuant to the affidavits of personal service on file herein, the
City caused Resolution No. 08 -71to be served personally upon the following persons
or entities and at the following times:
James Ash July 24, 2008
9. That the record owner of the property is James K Ash.
10. That the City of Uno Lakes has not been served with any answer to
Resolution No. 08 -71 and the time for serving such answer has expired.
11. That not less than five days prior to the filing of a motion for default
judgment herein, the City of Uno Lakes filed a true and correct copy of Resolution
No. 08-71, along with proof of service as required by § 463.17, Subd. 3. A Notice
of Us Pendens as required by that section was also filed with the Anoka County
Recorder.
3
12. That the record owner has failed to carry out the removal required by
Resolution No. 08 -71.
13. That the hazardous condition of the property as described in Resolution
No. 08 -71 remains.
14. That the City of Lino Lakes is entitled to the entry of judgment affirming
Resolution No. 08-71° Resolution Ordering Removal of Hazardous Structure° for the
subject property.
15. That pursuant to Minn. Stat. §463.15, et seq., the Court is to fix a time
which the City of Lino Lakes may proceed with enforcement of Resolution No. 08 -71
and delineate financial responsibilities and consequences.
BASED UPON THE FOREGOING, the Court now makes the following:
CONCLUSIONS OF LAW
1. The City of Lino Lakes is authorized to immediately cause the hazardous
structures to be removed.
2. The costs of the removal shall be a lien against the real estate upon
which the building is located and shall be levied and collected as special assessment
in the manner provided by Minn. Stat. § 429.061 to 429.081, though payable in a
single installment.
3. The City of Lino Lakes shall keep an accurate account of expenses
incurred in carrying out the order and of all other expenses theretofore incurred in
connection with its enforcement, including specifically, but not exclusively, filing
fees, services fees, publication fees, attomey's fees, appraiser fees, witness fees,
including expert witness fees, and travel expenses incurred by the City from the time
4
the order was originally made, and shall credit thereon the amount, if any, received
from the sale of thesalvage or building or structure, and shall report its action under
the Order with a statement of monies received and expenses incurred to the Court for
approval and allowance. Thereupon the Court shall examine, correct, if necessary,
and allow the expense account, and, if the amount received from the sale of the
salvage or the building or structure, does not equal or exceed the amount of
expenses as allowed, the Court shall certify the deficiency to the City Clerk for
collection. The owner shall pay the same without penalty added thereon by October
1 of the year following certification and if not paid, the City Clerk shall certify the
amount of expense to the County Auditor for entry on the tax list of the county as a
special charge against the real estate for the subject property and such funds shall be
collected in the same manner as other taxes. The amount so collected shall be paid
under the municipal treasury.
The Court Administrator shall cause a copy of the judgment to be mailed
forthwith to the persons upon whom Resolution No. 08 71 was served, specifically:
James K. Ash 11459 Quince Street NW.
Coon Rapids, Minnesota 55448
5
ORDER FOR JUDGMENT:
Let judgment be entered accordingly.
Dated: `
Li
BY THE COURT:
D VA tvtq.. 4J`
Judge of District Court
JANE F. MORROW`
COURT ADMINISTRATOR
ANOKA COUNTY, MINNESOTA
Dated: BY
Deputy
6