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HomeMy WebLinkAbout2001-07-10 OPH Memo Re Summary of Staff Activity @ Site City of Oak Park Heights 14168 Oak Park Blvd, Box 2007. Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574 Memo July 10, 2001 To: Mayor and City Council Tom Melena From: Kris Danielson, Community Development Director Re: Summary of Staff Activity for 5887 Beach Road Following the tragic house fire at 5887 Beach Road, City staff has worked earnestly and respectfully with the Bjorkman family and their representatives in the following manner: • Individual meetings between the Police Chief and Mr. Jerry Bjorkman. • A series of letters sent to Mr. Jerry Bjorkman and his insurance company to express our sympathy to his situation and offering assistance through the process. • Telephone calls between the Community Development Director and Allstate Insurance. • Telephone calls between the Community Development Director and MNDOT. • Telephone calls between the Community Development Director and Building Official and Semple Building Movers regarding the demolition work. • Individual meetings and telephone conversations between the Community Development Director and Mr. Chad Bjorkman. • Individual meetings and telephone conversations between the Community Development Director and the builder working with Mr. Chad Bjorkman. • A follow up call to Mr. Jerry Bjorkman by the Community Development Director following the City Council action to remove the hazardous structure. All of the proceeding activities detailed above were pursued in a way to be sensitive to the family at this difficult time, as well as address the protection of public safety by removing the remaining structure at the site. Please refer to enclosures for correspondence including a detailed section on the hazardous tree that exists at the site. Please contact me with any questions you may have. TREE CITY U.S.A. LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierl, l9; E 6 - E 0 `1 iI � 1835 Northwestern Avenue JUL — 9 200' James F. Lammers Stillwater, Minnesota 55082 Paul A. W•. Robert G. Briggs * 1944 -19; Mark J. Vierling •4 (651) 439 -2878 Thomas J. Weidner •4 er Susan D. Olson 4 FAX (651) 439 -2923 Of Counsel David K. Snyder Direct Dial (651) 351 -2118 •Qualified Neutral Arbitrator Timothy M. Kelley *Certified Real Estate Specialist +Qualified Neutral Mediator July 5, 2001 CT Corporation Systems Agent for Allstate Insurance Company 405 Second Avenue South Minneapolis, MN 55401 Re: Hazardous Building in Oak Park Heights Dear Sir or Madam: As agent for service of process for Allstate Insurance Company, enclosed please find copy of Summons and Order of the City of Oak Park Heights together with Notice of Acknowledgment of Service by Mail. Please accept service upon Allstate Insurance Company and acknowledge same by returning one executed copy of the Acknowledgment in the enclosed envelope. If you have any questions or need any additional information, please do not hesitate to contact me. Yours very truly, Mark J. Vierling MJV /jp Enclosures cc: Thomas Melena NO.883 P002 RESOLUTION NO. 2001- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS DIRECTING CITY STAFF TO PROCEED PURSUANT TO MINN. STAT. §463.161, ET. SEQ., TO ABATE THE HAZARDOUS CONDITION AND HAZARDOUS BUILDING EXISTING ON THE PREMISES AT 5887 BEACH ROAD NORTH, OAK PARK HEIGHTS, MINNESOTA 55082 WHEREAS, Minn. Stat. §463.161, et. seq., provides for the authority of municipalities to abate hazardous conditions of property and buildings located within the municipalities and to charge the cost thereof against the real estate affected; and, WHEREAS, the property at 5887 Beach Road North in the City of Oak Park Heights has been substantially damaged by fire with the residential structure thereon located being uninhabitable and in hazardous condition; and, WHEREAS, both the Building Inspector and the Chief of the Fire Department providing for building inspection and health and safety services for the City of Oak Park Heights have determined that the residential structure damage by fire located upon the property at 5887 Beach Road North within the City of Oak Park Heights is uninhabitable and hazardous; and, WHEREAS, the property owner has been provided time to remove or raze the property so as to remove the condition of the hazardous building upon the property and has not completed same as of this time; and, WHEREAS, the City Council for the City of Oak Park Heights determines it is in the public interest to proceed at this date to secure the removal of the hazardous building located on the property at 5887 Beach Road North so as to protect the public; and, WHEREAS, it appears to the City Council that corrective action under Chapter 463 of the Minnesota Statutes needs to be taken in order to affect the removal of the hazardous building at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights as follows: cLnncKU LMW r 1 K'1 4 4390574 No. 863• 000 1. That the Mayor and Clerk are hereby authorized and directed to execute the order on behalf of the City Council prescribed pursuant to Minn. Stat. §463.17 to effect the requirement of removal of the hazardous structure from the property at 5887 Beach Road North within the City of Oak Park Heights. 2. The City Staff is authorized and directed to proceed pursuant to Minn. Stat. §463.161, et. seq., to effect the order of the City Council to remove the hazardous structure located upon the property at 5887 Beach Road North and to take all necessary action authorized under the statute to effect compliance with the Council order. Passed by the City Council for th - - • .. Ap r Heights this 26 ; le, 2001. f4 `i♦ _____ David Beaudet, 'yor ATTEST: Thomas Melena City Administrator Copy May 23, 2001 Mr. Jerry Bjorkman Mr. Lee Magel C /o/ Ava Bjorkman Allstate Insurance 5663 O'Brien Ave N P.O. Box 1490 Oak Park Heights, MN 55082 Minneapolis, MN 55440 Re: 5887 Beach Road, Oak Park Heights, Minnesota Dear Mr. Bjorkman and Mr. Magel: Thank you very much for continuing to keep the City of Oak Park Heights informed regarding the current status of the property at 5887 Beach Road. We appreciate your efforts during this very difficult time. We are aware that the structure has been temporarily secured since the fire of 4/4/01, but we remain very concerned that the building presents a liability to public safety. This letter serves to notify you that the Building Official for the City of Oak Park Heights has determined that the remaining structure is a hazardous building. In order to comply with Section 102 of the 1997 Uniform Building Code, abatement of the situation must be made by demolition and /or removal of the structure. As the structure is only temporarily secured at this time, demolition or removal of the structure is to occur by 6/15/01. A demolition permit is required and may be obtained by you or your contractor in the Community Development Department at City Hall. We are happy to assist you in any way possible through this process, including locating sites to build a new home, informing you of the options of re- building the home at the current location, and in locating potential buyers for the site. These options have also been discussed with Mr. Chad Bjorkman, who has expressed an interest in constructing an apartment building or duplex at the site. As the property is zoned "0" Open Space, any new construction would require a variance permit from the City. As discussed with Mr. Magel and Mr. Chad Bjorkman, Mr. Kurt Hartner, Property Management Supervisor for MNDOT has expressed that MNDOT would be interested in purchasing the property from you if you invite them to do so. Mr. Hartner may be reached at: Minnesota Department of Transportation Office of Land Management Mail Stop 631, 8 Floor 395 John Ireland Boulevard St. Paul, MN 55155 -1899 (651) 296 -1120 Please contact us at 439 -4439 with any questions you may have, and to make us aware of how we can be of any assistance to you during this difficult time. Sincerely Yours, Kris Danielson Jim Butler Community Development Director Building Official Cc: Mayor and City Council Tom Melena Mark Vierling Lindy Swanson 4 1 7 f M^ Oak Park Heights Request for Council Action Meeting Date: May 22, 2001 Agenda Item Title: Hazardous Building Estimated Time Required: 1 Minute Agenda Placement: Consent Originating Department/Requestor: Community Development Requester's Signature: Action Requested: Receive Information Following the tragic fire at 5887 Beach Road on 4/4/01, the Police and Community Development Departments have worked with the property owner, Mr. Jerry Bjorkman, his family, and his insurance representative to assist them in the process of condemning and /or demolishing the remaining structure. Through these discussions, I have made the family aware of their options for rebuilding the home (which would require a variance due to the Open Space Zoning) and I have put Mr. Bjorkman's son and his insurance agent in touch with a representative of MNDOT, Mr. Kurt Hartner, who owns the surrounding property. Regarding the future use of the property, Mr. Chad Bjorkman has expressed a desire to construct an apartment building at the site. MNDOT has also expressed an interest in purchasing the property, but they would only do so if invited to by Mr. Bjorkman. In any scenario, the existing structure has been determined to be a hazardous building by the Building Official. As such, the City must take steps to ensure that public safety is not threatened by the existence of the structure. Upon the advice of the City Attorney, we will send a letter to Mr. Bjorkman and his insurance company advising them of the risks to public safety and the need to take action to demolish the structure by 6/15/01. The Community Development and Building staff will continue to assist the homeowner and /or his insurance company in every way possible, including locating other potential sites to build a new home, and to bring this difficult process for the homeowner to a conclusion. Please contact me with any questions you may have at 439 -4439. Administrative Recommendation: Approve Denial No Recommendation Comments: S: \SHARED\Forms \COUNCIL ACTION REQUEST.doc Oak Park Heights Request for Council Action Meeting Date: April 10, 2001 Agenda Item Title: Fire Incident Report 3. Building Safety Estimated Time Required: 5 Minutes Agenda Placement: New Business Originating Department /Requestor: Communit Development Requester's Signature: �JltiC 3lrr�� l Emi Action Requested: Receive Information and Direct Staff Background /Justification: Enclosed please find a memo from the Building Official as well as Section 102 of the State Building Code. Administrative Recommendation: Approve Den No Recommendation Comments: S: \ SHARED \Forms \COUNCIL ACTION REQUEST.doc City of Oak Park Heights 14168 Oak Park Blvd, Box 2007 • Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574 Memo April 5, 2001 To: Mayor and City Council Members Tom Melena Kris Danielson From: Jim Butler, Building Official Re: Hazardous Building The tragic fire at 5887 Beach Road on April 4, 2001 has rendered this house structurally unsafe and the remaining structure is beyond repair. As such this structure qualifies as a Dangerous Building and presents a safety hazard to the public. In order to comply with Section 102 of the 1997 Uniform Building Code, such a building shall be considered as constituting a hazard to public safety, health or public welfare and shall be declared a public nuisance. Abatement must be made by repair, rehabilitation, demolition or removal according to the procedures set forth in the Dangerous Buildings Code or such alternative procedures as may have been adopted. I have enclosed a copy of Section 102 of the 1997 Uniform Building Code for your review. As the Building Official, I have determined that this structure is beyond repair. In order to comply with this code, it is my recommendation that abatement of this situation be through condemnation of the remaining structure. Therefore, I respectfully request that the City Council direct staff to begin the condemnation process to abate the issue of public safety. TREE CITY U.S.A. 1997 UNIFORM BUILDING CODE 101 104.2.4 Volume 1 Chapter 1 ADMINISTRATION SECTION 101 — TITLE, PURPOSE AND SCOPE may institute any other appropriate action to prevent, restrain, cor- 101.1 Title. These regulations shall be known as the Uniform rect or abate the violation. Building Code, may be cited as such and will be referred to herein as "this code." SECTION 103 — VIOLATIONS 101.2 Purpose. The purpose of this code is to provide minimum It shall be unlawful for any person, firm or corporation to erect, standards to safeguard life or limb, health, property and public construct, enlarge, alter, repair, move, improve, remove, convert welfare by regulating and controlling the design, construction, or demolish, equip, use, occupy or maintain any building or struc- quality of materials, use and occupancy, location and maintenance ture or cause or permit the same to be done in violation of this of all buildings and structures within this jurisdiction and certain code. equipment specifically regulated herein. The purpose of this code is not to create or otherwise establish or SECTION 104 — ORGANIZATION AND designate any particular class or group of persons who will or ENFORCEMENT should be especially protected or benefited by the terms of this code. 104.1 Creation of Enforcement Agency. There is hereby estab- lished in this jurisdiction a code enforcement agency which shall 101.3 Scope. The provisions of this code shall apply to the be under the administrative and operational control of the building construction, alteration, moving, demolition, repair, maintenance official. and use of any building or structure within this jurisdiction, except work located primarily in a public way, public utility towers and 104.2 Powers and Duties of Building Official. poles, mechanical equipment not specifically regulated in this 104.2.1 General. The building official is hereby authorized and code, and hydraulic flood control structures. directed to enforce all the provisions of this code. For such pur- For additions, alterations, moving and maintenance of build- poses, the building official shall have the powers of a law enforce - ings and structures, see Chapter 34. For temporary buildings and ment officer. structures see Section 3103 and Appendix Chapter 31. The building official shall have the power to render interpreta- Where, in any specific case, different sections of this code spec- tions of this code and to adopt and enforce rules and supplemental ify different materials, methods of construction or other require- regulations to clarify the application of its provisions. Such inter- ments, the most restrictive shall govern. Where there is a conflict pretations, rules and regulations shall be in conformance with the between a general requirement and a specific requirement, the intent and purpose of this code. specific requirement shall be applicable. 104.2.2 Deputies. In accordance with prescribed procedures Wherever in this code reference is made to the appendix, the and with the approval of the appointing authority, the building of- provisions in the appendix shall not apply unless specifically ficial may appoint such number of technical officers and inspec- adopted. tors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforce - SECTION 102 — UNSAFE BUILDINGS OR ment agency. STRUCTURES 104.2.3 Right of entry. When it is necessary to make an inspec- All buildings or structures regulated by this code that are structur- tion to enforce the provisions of this code, or when the building ally unsafe or not provided with adequate egress, or that constitute official has reasonable cause to believe that there exists in a build - a fire hazard, or are otherwise dangerous to human life are, for the ing or upon a premises a condition that is contrary to or in violation purpose of this section, unsafe. Any use of buildings or structures of this code that makes the building or premises unsafe, dangerous constituting a hazard to safety, health or public welfare by reason or hazardous, the building official may enter the building or prem- of inadequate maintenance, dilapidation, obsolescence, fire haz- ises at reasonable times to inspect or to perform the duties imposed ard, disaster, damage or abandonment is, for the purpose of this by this code, provided that if such building or premises be occu- section, an unsafe use. Parapet walls, cornices, spires, towers, pied that credentials be presented to the occupant and entry re- tanks, statuary and other appendages or structural members that quested. If such building or premises be unoccupied, the building are supported by, attached to, or a part of a building and that are in official shall first make a reasonable effort to locate the owner or deteriorated condition or otherwise unable to sustain the design other person having charge or control of the building or premises loads that are specified in this code are hereby designated as un- and request entry. If entry is refused, the building official shall safe building appendages. have recourse to the remedies provided by law to secure entry. All such unsafe buildings, structures or appendages are hereby 104.2.4 Stop orders. Whenever any work is being done con - declared to be public nuisances and shall be abated by repair, reha- trary to the provisions of this code, or other pertinent laws or ordi- bilitation, demolition or removal in accordance with the proce- name implemented through the enforcement of this code, the dures set forth in the Dangerous Buildings Code or such alternate building official may order the work stopped by notice in writing procedures as may have been or as may be adopted by this jurisdic- served on any persons engaged in the doing or causing such work tion. As an alternative, the building official, or other employee or to be done, and any such persons shall forthwith stop such work official of this jurisdiction as designated by the governing body, until authorized by the building official to proceed with the work. 1 -1 CITY OF { OAK PARK ` • HEIGHTS -'► 14168 Oak Park Boulevard No • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 • Phone: 651/439 -4439 • Fax: 651/439 -0574 April 17, 2001 FILE COSY Mr. Jerry Bjorkman C/o Ava Bjorkman 5663 O'Brien Ave N Oak Park Heights, MN 55082 Re: 5887 Beach Road Dear Mr. Bjorkman: Please let me take this opportunity to express my sympathy to you and your family for the tragic loss you have experienced as a result of the fire at your home. I understand that you have had the opportunity to speak with our Police Chief, Lindy Swanson, about taking steps to proceed with the demolition of the remaining structure. Thank you very much for keeping the City informed of your plans. We appreciate your efforts during this very difficult time. When you are ready to proceed with the demolition project, please contact me or Jim Butler at the City in order to obtain a demolition permit. We will be happy to work with you, or your contractor throughout the process. Please contact me at 439 -4439 with any questions you may have, or to let me know how we can be of assistance. Sincerely, K is Danielson Community Development Director Cc: Jim Butler, Building Official Lindy Swanson, Police Chief Tree City U.S.A. City Council Meeting Minutes April 10, 2001 Page 3 of 6 Item F was pulled for discussion. Councilmember Swenson, seconded by Byrne, moved to approve the Consent Agenda as presented minus item F. Roll call vote taken. Carried 5 -0. F. Middle St. Croix WMO 2001 Watershed Assessment Fee /Legal Documents. Mayor Beaudet reported that this is a fee members pay. Administrator Melena noted that Stillwater, Bayport and Afton have indicated that they will not be paying this fee. Councilmember Doerr noted that this is not in the budget. Mayor Beaudet, seconded by Councilmember Byrne moved to approve payment of payment of the bill from the Mayor & Council professional services budget. Carried 4 — 1, Doerr opposed. II. Public Hearings: Administrator Melena opened the hearing and read the Notice of Public Hearing. Community Development Director Danielson provided background on the proposed Ordinance that would allow for individual transportation devices such as motorized wheelchairs to be used on park trails. Councilmember Swenson, seconded by Byrne, moved to close the public hearing. Carried 5 — 0. Councilmember Doerr, seconded by Byrne, moved to approve the Ordinance amending Chapter 705 providing for the use of motorized individual transportation devices by physically disabled persons on public roadways and park trails. Carried 5 — 0. VI. New Business: A. Fire Incident Report. 1. Police Chief Memo 2. Fire Chief Report 3. Building Safety Police Chief Swanson reported on the fire that destroyed the home located at 5887 Beach Road. Swanson also reported that the homeowner has requested the city's cooperation with a speedy demolition of the remaining structure once the insurance company has completed their investigation. Administrator Melena reported that the city can take steps to assist the home in getting the structure condemned and demolished. Mayor Beaudet, seconded by Councilmember Swenson, moved to receive correspondence and allow staff to explore options for assisting the homeowner with the condemnation/demolition of the structure. Carried 5 — 0. tY'1 City of Oak Park Heights .. 14168 Oak Park Blvd, Box 2007. Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574 Memo April 5, 2001 To: Mayor and City Council Members Tom Melena Kris Danielson From: Jim Butler, Building Official Re: Hazardous Building The tragic fire at 5887 Beach Road on April 4, 2001 has rendered this house structurally unsafe and the remaining structure is beyond repair. As such this structure qualifies as a Dangerous Building and presents a safety hazard to the public. In order to comply with Section 102 of the 1997 Uniform Building Code, such a building shall be considered as constituting a hazard to public safety, health or public welfare and shall be declared a public nuisance. Abatement must be made by repair, rehabilitation, demolition or removal according to the procedures set forth in the Dangerous Buildings Code or such alternative procedures as may have been adopted. I have enclosed a copy of Section 102 of the 1997 Uniform Building Code for your review. As the Building Official, I have determined that this structure is beyond repair. In order to comply with this code, it is my recommendation that abatement of this situation be through condemnation of the remaining structure. Therefore, I respectfully request that the City Council direct staff to begin the condemnation process to abate the issue of public safety. TREE CITY U.S.A.