The URL can be used to link to this page

Home My WebLink About2010-104 Council ResolutionCouncil member Roeser introduced the following resolution and moved its adoption: • CITY OF LINO LAKES RESOLUTION NO. 10 -104 RESOLUTION ADOPTING AN EXPENSE REPORT FOR COSTS INCURRED IN CARRYING OUT AND ENFORCING THE HAZARDOUS BUILDINGS PROCEEDINGS AGAINST THE PROPERTY AT 745 OAK LANE WHEREAS, pursuant to Minn. Stat. § 463.22, the city council has kept an accurate account of the expenses incurred in carrying out and enforcing the hazardous building proceeding against the property located at 745 Oak Lane, and WHEREAS, documentation to support the expense and costs are attached to this Resolution as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the following expenses were incurred in carrying out and enforcing the hazardous building proceeding against the property located at 745 Oak Lane: Attorney's fees and costs 1,047.60 Angstrom Analytical (asbestos survey) 650.00 TKDA (city engineer) 1,262.43 Arnt Construction Company, Inc. (demolition) 13,656.30 Total 1 3 • JuTThnne : artell, City erk Adopted by the Lino Lakes City Council this 22nd day of November, 2010. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gallup and upon vote being taken thereon, the following voted in favor thereof: Roeser, Gallup, Rafferty, O'Donnell, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. STAFF ORIGINATOR: COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 6A James E. Studenski, City Engineer November 22, 2010 Resolution No. 10 - 104, Adopting an Expense Report for Costs Incurred in Carrying Out and Enforcing the Hazardous Buildings Proceedings Against the Property at 745 Oak Lane Simple Majority 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. Bids were solicited for the work and the City Council awarded the contract to the low bidder, Arnt Construction Company, Inc., who performed the work. Staff and the City Attorney have kept an accurate account of the expenses incurred in carrying out and enforcing the hazardous building proceeding against the property, which are attached. Upon adoption of the expense report, the documentation will be submitted to the District Court at the Anoka County Courthouse for approval and allowance. The property owner shall pay the certified amount which shall be levied and collected as special assessment payable in a single installment. RECOMMENDATION: Staff recommends approval of Resolution No. 10 — 104, Adopting an Expense Report for costs incurred with Hazardous Buildings at 745 Oak Lane. • • • STATE OF MINNESOTA COUNTY OF ANOKA In the Matter of the Hazardous Structure located at 745 Oak Lane, Lino Lakes, Minnesota vs. James K. Ash, Petitioner, Respondents. DISTRICT COURT TENTH 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: 1 • 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 corner 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 follow ing 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 -71 to 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 Lino 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 Lino 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 Lis 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, attorney'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 the salvage 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 • • • ORDER FOR JUDGMENT: Let judgment be entered accordingly. Dated: 1%/08 BY THE COURT: pay._ Vv1I'VL� Judge of District Court JANE F. MORROW" COURT ADMINISTRATOR ANOKA COUNTY, MINNESOTA Dated: By Deputy • Exhibit A to Resolution Approving Costs • • • Attorney's Fees and Costs Hawkins & Baumgartner, P.A. 598.10 Ratwik, Roszak & Maloney, P.A. 449.50 Total $1,047.60 • • • • Hawkins & Baumgartner, P.A. Attorneys at Law 2140 Fourth Avenue North Anoka, Adinnesota 55303 (763) 427 -8877 20- 5586750 City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 +ATIN: Finance Director July 31, 2008 Our File: LINOLAXE.01 RE: General. Legal. Services Statement of Account for Services Rendered Through July 31, 2008 ATTORNEY kEkS 07/22/08 Telephone conversation with Pete Kluegel regarding 745 Oak Lane. 41.41 07/22/08 a = ` 1 s to James Ash and Virginia Ash, serving the Resolution and 5521 Order upon them regarding 745 Oak Lane. City of Lino Lakes 600 Town Center Parkway Lino Lakes, MAT 55014 +ATTN: Finance Director iiawians & Baumgarmer, P.A. Attorneys at Law 2140 Fourth Avenue North Anoka, Minnesota 55303 (763) 427 -8877 20- 5586750 September 30, 2008 Our File: LINOLAKE.01 RE: General Legal Services Statement of Account for Services Rendered Through September 30, 2008 ATTORNEY IThES A/t4WY1■Y1rWYrnu "ice•aaualuull•liYrrru.:4011 neat auto._, ar.WwLrarnri...+..+.w° 0, ,.... ,.:,iaeuirrr -,w i.dufCti�;rra., ,Jeer.v6Y1t�5i1waJ��'lLu.l: pIYL1LmlLlitLkL10a14h /14, iLY4ux.f,114•�lf •.•,•u•• - �.:J iAI. U:LY WL\. Pb•••Yl1 .n...uu...1.41N,4b.a.- AAJ..... 09/30 /08 Draft Motion I., D ...Mil vdgment told ent of Resolution; Judgment for Enforcement of Resolution; Notice of Lis Penulens; Letter to Anoka County Recorder, all related to 745 Oak Lane hazardous structure._ • 317.45 Or Page two September 30, 2008 Statement of Account for Services Rendered Through September 30, 2008 Our File: LINOLAKE.01 w■■ giasamammil COSTS ADVANCED 09/30/08 Recording fee for recording of Notice of Lis Pendens regarding 745 Oak Lane. 46.00 • • • • • City of Lino Lakes 600 Town Centex Parkway Lino Lakes, MN 55014 +ATTN: Finance Director Hawkins & Baumgartner, P.A. Attorneys at Law 2140 Fourth Avenne North Anoka, Minnesota 55303 (763) 427 -8877 20-5586750 December 1, 2008 Our File: LTNOLAKE.01 RE: General Legal Services Statement of Account for Services Rendered Through November 30, 2008 ATTORNEY EbbS 11/03/08 Reviewed Order from the Court regarding 745 Oak Lane; e-maal to Pete Kluegel regarding the Court`s Order. i�ta�lYa 1�1'..W.aa'•.nL....�IV�*a SS at�i.•. i\YY \.{1vu�,ana.WF • 55.21 4 Amilrnamok Liet • • 1. Page two December 1, 2008 Statement of Account for Services Rendered Through November 30, 2008 Our File: LINOLAKE.01 11/19/08 a ne conversation with 'Peter linegel regarding the hazardous building located at 745 Oak Lane. 11/20/08 Reviewed and responded to an e-mail from Tim Studenski regarding 745 Oak Lane hazardous 41.41 41.41 _ V'aaaa'c. ►rY-. u sW1Y.staa iYI�YYII.JL'WU1�1YYr ‘11.11111670+4i i,.itaLMk Ratwik, Roszak & Maloney, P.A. 300 U.S. Trust Building 730 Second Avenue S. Minneapolis, MN 55402 Tel — (612) 339-0060 City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Federal Tax 113/1- 41- 1605983 Fax — (612) 339 -0038 4021 -0038: 745 Oak Lane Demo Professional Services Hours 10/12/2009 JJL Review e-mail and attached Court Order regarding demolition of 0.60 hazardous structure; Draft e-mail to Jim Studenski regarding same. 11/30/2009 JJL Draft e-mail to Jim Studenski regarding 745 Oak Lane demolition 0.20 and assessment of costs. 3/8/2010 JJL Review e-mail from Michael Grochala regarding cost reimbursement 0.30 for City - demolished structure; Review statutory cost allowance language; Draft e-mail to Mr. Grochala. 6/7/2010 JJL Telephone conference with Jim Studenski regarding Oak Lane 0.10 demolition; Receive and respond to e-mail regarding same. 6/9/2010 JJL Review statutory criteria for assessing costs against owner of 0.30 hazardous property, Draft e-mail to Jim Studenski. 10/19/2010 JJL Receive and briefly review e-mail and attached documents from Jim 0.20 Studenski regarding recoverable costs. 10/22/2010 JJL Review expenses incurred by City for demo; Analyze statutory 0.70 process for reporting costs to court. 10125/2010 JJL Draft resolution for City Council regarding costs of demolition. 0.70 Sub -total Fees: 449.50 Rate Summary Joseph J. Lange! 3.10 hours at $ 145.00 /hr. Total Hours: 3.10 • Total: $449.50 • Angstrom Analytical, Inc. • • • 0 O ngstrom Analytical, Inc. 1 (s q l. N o. 2008537 5001 Cedar Lake Road S. St. Louis Parr MN 55416 Office: (952) 252 -0405 Foe (952) 252 -0407 DuAN T 1TY 1 ITEM NllMEEf 1.00 010 Asbestos Demolition Survey • TKDA (city engineer) November 2008 December 2008 February 2009 Total • 436.38 690.50 135.55 $1,262.43 • Project 0014043.000 Lino Lakes: 2008 Gen. Fund Engrg Svcs Invoice 000200804658 Eng Specialist 1 Garr, Gary 745 Oak Lane - Demolition Grad Engineer Wirier, Christopher 745 Oak Lane - Demolition Technician 11 Engiin, Cathleen 745 Oak Lane - Demolition Totals Total Labor 1.00 116.26 3.50 69.05 1.50 52.29 30.50 116.26 241.63 78.44 3,833.94 Total this Phase /v 3,833.94 9'f 7 917' ado Phase 00006 Miscellaneous Tasks Professional Personnel aniNIMP Hours Rate Amount • Grad Engineer Winter, Christopher 10.00 69.05 690.50 3 745 Oak Lane - Demolition • /0 / V/ 7 Viola and • Professional Personnel Sr Reg Engineer Lino Lakes: 2009 Gen Fund Engrg Svcs Invoice 000200903432 i 417 14(t3 Total i�,is Phase tv sc eIIaneous Tasks Hours Rate Amount • 399-58 r o t I 71.1411D coo • Arnt Construction Company, Inc. Invoice No. 22129 Invoice No. 22298 12,708.00 948.30 Total $13,656.30 • • • • ARNT CONSTRUCTION COMPANY INC. P.O. BOX 549 HUGO, MINNESOTA 55038 OFFICE 651/425 -1296 FAX: 651/426 -3760 Bra To: City of Lino Lakes 600 Town Center Parkway Lino Lakes MN 55014-1182 ATM James E Studensld P.E. P.O Number Terms Invoice Number 22129 Date 2/20/09 General Info DUE UPONRBCEEPT 1.5 %RVTER.EST AFTER 30 DAPS Des • tio Amount Lino Lakes, Minnesota 745 Oak Lane House Demolition Arnt File No. 2833 Work Completed To Date *Work Remaining - Cap Well 51,200.00 12.708.00 TOTAL AMOUNT DUE $12,708.00 An Equal Opportunity Employer ARNT CONSTRUCTION CO'` ) `A Y INC. P.O. BOX 549 HUGO, MINNESOTA 55038 OFFICE 651/426 -1296 FAX 651/426 -3760 Bill To: City of Lino Lakes 600 To Center Parkway Lino Labs MN 55014-1182 ATTN• James E. Stzrdenski P.E P.O. Number Terms Invoice Number 22298 .Date 12/02/09 General Info DUE UPON _RECEIPT 1.5% INTEREST AFTER 30 DAYS Description Amount .RE: Lino Lakes, Minnesota 745 a e House Demolition Arnt File No. 2833 Excavation to Locate Well - Cat 320 Backhoe Labor I o f 0,1 1 iHi 770.00 178.30 TOTAL AMOUNT DUE $948.30 DK 8vuol' An Equal OpporiunUy Employer