HomeMy WebLinkAbout12-06-26 RESOLUTION 12 -06 -26
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION IN SUPPORT OF APPLICATION FOR
BUSINESS DEVELOPMENT CAPITAL PROJECTS GRANT PROGRAM
BE IT RESOLVED that the City of Oak Park Heights acts as the legal sponsor for the
project contained in the Business Development Capital Projects Grant Program Application to be
submitted on July 9, 2012, and that the City Administrator and the City Attorney are hereby
authorized to apply to the Department of Employment and Economic Development for funding of
this project on behalf of the City of Oak Park Heights.
BE IT FURTHER RESOLVED that the City of Oak Park Heights has the legal authority to
apply for financial assistance, and the institutional, managerial, and financial capability to ensure
adequate construction, operation, maintenance, and replacement of the proposed project for its useful
life.
BE IT FURTHER RESOLVED that the City of Oak Park Heights has not violated any
federal, state, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest, or
other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state, the City
of Oak Park Heights may enter into an agreement with the State of Minnesota for the above -
referenced project, and the City of Oak Park Heights certifies that it will comply with all applicable
laws and regulations as stated in all contract agreements.
BE IT FURTHER RESOLVED that all non -state funding is committed and available and
meets or exceeds the requirements that the non -state match equal or exceed the state funding.
BE IT FURTHER RESOLVED that the City of Oak Park Heights certifies that it will
comply with all applicable laws, regulations, and rules of the General Obligation bond funds.
NOW, THEREFORE, BE IT RESOLVED that the City Administrator and City Attorney,
or their successors in officer, are hereby authorized to execute such agreements, and amendments
thereto, as are necessary to implement the project on behalf of the ap
I CERTIFY THAT the above Resolution was adopt i Council of t e of
Oak Park Heights on June 25, 2012.
a ' Beaudet
4ic ST: Mayor
• ohnson
City, ministrator
•
RESOLUTION NO. 12 - 0 7 - 2 8
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING THE OWNER OF CERTAIN PROPERTY
LOCATED AT 15405 57TH STREET NORTH TO RAZE OR REMOVE
THE BUILDINGS LOCATED THEREON
WHEREAS, the property located at 15405 57th Street North (the "Property") in the City of
Oak Park Heights (the "City ") is currently owned in undivided one -third (1/3) interests by Helen
Peterson, Lois Peterson, and Dale Richert (collectively, the "Owners "); and
WHEREAS, the Property is subject to four separate liens, each in the amount of
$500.00, in the favor o£ Diane Oehlke, Jeanne Clark, Suzanne Johnson, and Dwayne Oehlke;
and
• WHEREAS, the Property is legally described as Lots 2, 4, 6, 8, 10 and 12, in Block 5,
Beach's Addition to Oak Park, Washington County, Minnesota; and
WHEREAS, the Property consists of a residence and an outbuilding; and
WHEREAS, pursuant to reports from the City Police Department and the City Building
Official, the Property is open and uninhabited, abandoned and unsecured from trespassers and
transients, rodents, vermin and wild animals, the building exteriors have not been maintained,
the building interiors appear unkempt, and the Property grounds are overrun with weeds; and
WHEREAS, the Property is in a state of severe physical damage, dilapidation and
unsanitary condition, due to inadequate maintenance and abandonment, and such conditions
constitute a fire hazard and a hazard to public safety and public health; and
WHEREAS, the City Building Official believes it is necessary to correct or remove the
•
. hazardous conditions on the Property, including the razing or removal of the buildings on the
Property, the costs of which may be charged against the Property and collected in the same
manner as other taxes, all pursuant to Minnesota Statutes, Sections 463.15 through 463.26, as
amended (the "Act ").
NOW, THEREFORE BE IT RESOLVED by the City Council for the City of Oak Park
Heights, that the annexed Order of the City prepared pursuant to the Act be and the same is
approved and Ordered, and the Mayor and the City Administrator are authorized an directed to
execute the same on behalf of the City.
Passed and adopted by the City Council the i of Oak ar Heights this 10 th day of
July, 2012.
Al
David eau a ayor
A S:
c �o son, City Administrator
7
ORDER OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA REGARDING HAZARDOUS,
UNSANITARY, DILAPIDATED AND ABANDONED BUILDINGS AND PROPERTY LOCATED
AT 15405 57TH STREET NORTH, OAK PARK HEIGHTS, MINNESOTA, 55052
WHEREAS, this Order is made relative to the property located at 15405 57th Street North, Oak
Park Heights, Minnesota, 55082, being legally described and identified on EXHIBIT A annexed hereto
and incorporated by reference herein, hereinafter referred to as "the Property"; and
WHEREAS, the Property is currently owned in undivided one -third (1/3) interests by Helen
Peterson, Lois Peterson, and Dale Richert; and
WHEREAS, the Property is subject to four separate liens, each in the amount of $500.00, in the
favor of. Diane Oehlke, Jeanne Clark, Suzanne Johnson, and Dwayne Oehlke; and
WHEREAS, the buildings on the Property, consisting of a main residence and one outbuilding,
are open and uninhabited, abandoned and unsecured from trespassers and transients, rodents, vermin and
wild animals, the building exteriors have not been maintained, the building interiors appear unkept, and
the grounds are overrun with weeds; and
WHEREAS, the City of Oak Park Heights has received reports from the Police Department and
the Building Official, including the photographs of the Property on EXHIBIT B annexed hereto and
incorporated by reference herein, identifying that as a result of the failure of the Property owners to (i)
secure the Property, (ii) maintain the interior and exterior of the structures on the Property, and (iii)
maintain the overall appearance of the Property, the Property is a risk to health and safety and a hazard
and blight upon the adjacent neighborhood and the City of Oak Park Heights, with immediate action
needed to remove the hazardous conditions and threats to the neighborhood safety and public of the City
of Oak Park Heights; and
WHEREAS, the immediate course of action, as recommended by the Building Official of the City
of Oak Park Heights, is to (i) raze and remove the residence and the outbuilding on the Property, (ii)
improve the site conditions on the Property by trimming the grasses and vegetation thereon, and (iii)
•
1
grade the Property to provide proper drainage, if necessary, so as to not create a nuisance for the adjacent
neighborhood; and
WHEREAS, the Property is currently in a state of severe physical damage, dilapidation and
unsanitary condition, due to inadequate maintenance and apparent abandonment by the Property owners,
and such conditions constitute a fire hazard and a hazard to public safety and public health; and
WHEREAS, the Building Official of the City of Oak Park Heights believes it is necessary to
correct or remove the hazardous conditions on the Property, including the razing or removal of the
buildings on the Property, the costs of which may be charged against the Property and collected in the
same manner as other taxes, all pursuant to Minnesota Statutes, Sections 463.15 through 463.26, as
amended (the "Act "); and
WHEREAS, the Property owners have been requested by the City of Oak Park Heights to make
improvements to the Property so as to remove the hazardous conditions and nuisances, and have been
unable or failed to do so.
NOW, THEREFORE BE IT RESOLVED by the City Council for the City of Oak Park Heights,
Minnesota that the City finds the Property is in a dilapidated, unsanitary, hazardous and physically
damaged state, providing a risk of a fire hazard or hazard to the public safety and health to the
neighborhood in which it is located, and orders, pursuant to and without limitation of Minnesota Statutes,
Sections 463.15 through 463.26, as amended, and 412.221, the following:
1. The buildings on the Property, including the residence and outbuilding, shall be razed and
removed entirely;
2. Grasses and vegetation on the Property shall be trimmed to provide for a maintained
appearance;
3. In the reasonable judgment of the City of Oak Park Heights, the Property shall be graded
to provide drainage so it does not create a nuisance for the adjacent neighborhood;
4. A copy of this Order shall be personally served upon the Property owners and upon the
existing lien holders of the Property;
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5. A copy of this Order shall be appended to a Lis Pendens and recorded against the record
title of the Property; and
6. A Motion for Summary Enforcement of this Order will be made to the District Court of
Washington County, Minnesota, unless corrective action is taken or an Answer is filed as
required by law, but such action shall not preclude the institution of enforcement actions
for the performance of this Order and the removal of the hazardous, unsanitary and
unsafe conditions thereof by the City of Oak Park Heights before that time, and all such
enforcement actions are hereby authorized by directive of the City Council.
Passed and adopted by the City Council for the City of Oak Park Heights, Minnesota this 10th
1
day of July, 2012.
David eaudet, Mayor
ATTE
is Jo son, City Administrator
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lots 2, 4, 6, 8, 10 and 12, in Block 5, Beach's Addition to Oak Park, Washington County, Minnesota
PIN: 03.029.20.24.0029
i
. EXHIBIT B
PHOTGRAPHS OF PROPERTY
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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
Reference: Hazardous Dwellings Located @ 15405 57 St. N. June 1, 2012
Eric, on Monday, May 21 Julie Hultman received a complaint regarding the condition of the main
building structure and accessory structures located at the address above. By your direction, on May 23
Julie and I conducted a site visit and took photos of the buildings and property. The photos are attached
to this letter. Below is a list of items or conditions we found on site which are in violation to the City's
Zoning and Building Codes.
1) All of the windows have either broken glass, rotted jams, or rotted sashes. All of which would
need to be replaced.
2) The siding is rotten and falling off the building, and there are three inch diameter holes at
locations where an insulating contractor drilled the holes to blow insulation into the stud cavities.
These holes provide access for rodents to gain entry to the interior of the structure.
3) Fascia and soffits of the roof system are rotted with several holes, again providing rodents easy
access to the attic area.
4) The metal roof is rusted throughout and not properly flashed where the roof structure abuts the
side of the building structure, and the chimney and its flashing appears to be deteriorating. More
likely than not, rain water is leaking into the attic space and stud cavities providing the perfect
environment for the growth of mold.
5) There are two exterior entrances to the basement, and the hatch doors covering them have been
destroyed providing open access for rodents to enter the basement area. Please be advised that a
neighbor did inform me that they had seen raccoons entering the building.
6) The side entry doorjamb is falling apart and the door has been torn off. The floor has rotted
because of exposure to the elements.
7) The water was turned off to the building by the City in 2005.
8) Xcel Energy informed me that the electric was still on, but there is no gas supply to the building.
I am assuming that there may be a fuel oil tank in the basement.
These conditions are also present on the detached accessory building adjacent to the main house. In
addition, there remains a block foundation wall, concrete slab, and concrete stoop from a building that
was earlier demolished. In the yard there also appears to be a cistern, which would have to be removed
and the hole filled.
Please note that the main building was locked so that we were unable to gain access to the inside, but as
stated above, there is no water and it appears that there is no heat, making this dwelling an uninhabitable
structure. I see that these conditions pose a danger to the health and safety of the residents in the
community. It is my recommendation that the structures be removed and the site be checked for the
presence of a septic system, well, and cistern. And if any are found, they are to be properly removed.
Also attached is a copy of the Washington County Tax Assessor valuation of the property. The statement
shows that in 2003 the dwelling value was $66,000 and in 2012 the dwelling valued dropped to $2,900.
Please let me know if there may be additional information needed regarding the condition of the site.
Tl you, `' � %�2� =-� _
-J' utter --'z.
,'Building Official
Tree City U. S.A.