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Home My WebLink About07-130 - ADMIN Resolution - City Council - 2007/11/05RESOLUTION NO. 07-130 RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING LOCATED AT 3056 NEVADA AVENUE Councilmember Carver introduced the following resolution and moved its adoption, Councilmember Finkelstein seconded the motion. The motion carried 7-0. WHEREAS, the Chief Building Official of the City of St. Louis Park has attempted without success to have the owner of certain property remedy the hazardous condition of the house foundation and structure situated on property at 3056 Nevada Avenue South, St. Louis Park, Minnesota; and WHEREAS, the City Council has determined that the building on the property constitutes a hazardous building and is a health hazard within the meaning of Minnesota Statutes § 463.15, Subd. 3, and Minnesota, Statutes § 463.25; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota: 1. Pursuant to Minnesota Statutes § 463.16 et sem, ., the City hereby adopts and approves the Demolition Order for Removal of Hazardous Building attached hereto as Exhibit "A". 2. The City of St. Louis Park finds that the condition of the property located at 3056 Nevada Avenue South, St. Louis Park, Minnesota, is a health and safety hazard and contains a hazardous building within the meaning of Minn. Stat. § 463.15, Subd. 3. 3. The City's legal counsel, Campbell Knutson, P.A., 317 Eagandale Office Center, 1380 Corporate Center Curve, Eagan, Minnesota 55121, is directed to serve the Demolition Order and to proceed with enforcement in accordance with Minnesota Statutes § 463.15 et semC . OPTED this 5th day of November, 2007, by the City Council of the City of St. Louis esota. for Administration: Attest: —Y1�� City Clerk Adopte lz the City Council November 5, 2007 i A''N Mayor Resolution No. 07-130 Resolution No. 07-130 STATE OF MINNESOTA COUNTY OF HENNEPIN -2- IN RE: The Matter of a Hazardous Building Located at 3056 Nevada Avenue South, City of St. Louis Park, Hennepin County, Minnesota Exhibit A DISTRICT COURT FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. DEMOLITION ORDER FOR REMOVAL OF A HAZARDOUS BUILDING TO: Owners and lienholders of the above real estate: Barbara Vaile, 3056 Nevada Avenue South, St. Louis Park, Minnesota 55426. PLEASE BE ADVISED that pursuant to order of the St. Louis Park City Council and by authority of Minnesota Statutes § 463.15 et sec ., you have twenty (20) days from the date of service of this Order upon you, to remedy the health and safety hazard and the hazardous condition of the building situated on property at 3056 Nevada Avenue South, City of St. Louis Park, County of Hennepin, State of Minnesota, and legally described as follows: Lot 19, Block 3, Boulevard Heights, Hennepin County, Minnesota The Chief Building Officials for the City of St. Louis Park have inspected the above referenced property. The inspections revealed that the partial foundation of the former house as presently situated on the property constitutes a hazardous excavation pursuant to Minn. Stat. § 463.25 and is a health, safety, and fire hazard to the residents of the City of St. Louis Park. All personal property and fixtures shall be removed from the building within twenty (20) days from the date of service of this Order. Resolution No. 07-130 -3- If you fail to remedy the situation the City will seek permission from the District Court for the City to do so. The City will move the District Court for summary enforcement of this Order pursuant to Minnesota Statutes §463.19 unless you remedy the situation within said twenty (20) day period or unless an answer is filed within twenty (20) days of service of this Order upon you. Upon enforcement of the Order by the City, all costs expended by the City will be assessed against the real property and collected as other taxes as provided in Minnesota Statutes § 463.21. Dated: November , 2007 CAMPBELL KNUTSON Professional Association By: Soren M. Mattick, #27785X City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 1 ACKNOWLEDGMENT The City of St. Louis Park, by and through its undersigned attorney, acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statutes § 549.21, Subd. 2. Dated: November , 2007. Soren M. Mattick, #27785X Resolution No. 07-130 STATE OF MINNESOTA COUNTY OF HENNEPIN -4- DISTRICT COURT FOURTH JUDICIAL DISTRICT INRE: The Matter of a Hazardous Building Located at 3056 Nevada Avenue South, City of St. Louis Park, Hennepin County, Minnesota PIN: 17-117-21-21-0066 Court File No. Case Type: 14 - Other Civil SUMMONS THE STATE OF MINNESOTA TO THE OWNERS OF THE ABOVE-NAMED PROPERTY: You are hereby summoned and required to serve upon the attorneys for the City of St. Louis Park, an Answer, in accordance with Minn. Stat. § 463.18, to the Order of the City Council of St. Louis Park, Hennepin County, Minnesota, concerning hazardous building on the property located at 3056 Nevada Avenue South, which is herewith served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Order. Dated this day of November, 2007. CITY OF ST. LOUIS PARK By: Soren M. Mattick (27785X) City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651/452-5000 Resolution No. 07-130 -5- ACKNOWLEDGMENT The undersigned acknowledges that: I am familiar with the terms of Minn. Stat. § 549.211, and that costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party pursuant to subd. 2 thereof, in the event a party or an attorney acts in bad faith; asserts a claim or defense that is frivolous and that is costly to another party; asserts an unfounded position solely to delay the order and course of the proceedings or to harass; or commits a fraud upon the Court. Dated this day of November, 2007. CITY OF ST. LOUIS PARK By: Soren M. Mattick (27785X) City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651/452-5000 Resolution No. 07-130 -6- , \••AA t --...... ..: is. -....-;.;,aftr••r-' _,_..cien.rfj,...:,...,'"Ii.7-f-k'.16 • 1\?:•:-. k I• ' \,•1- .....r...,,,,,,•41.u.A...-74,11i,s,..-'11.,`...-...%43141-,..ej.--",:r" •••;-'7'd 1. 77 '''''---; : I • -, .........`;,., I . 1- 1.1•1 I:i , ,. " 7,.41. i /-, '' ' .,/-,1,,/,':'7,.../N.I'',.`'1..4I...,;-11,,1--.i„s,,/'..C1 /I'.i..;`j.' •f.,•. 7 / ,i, 1: '1 1 • i- h4!i, . i1 •. ''•••'• '.:•••. .•••- 1-,,-, ;• '' ..•"'"., • .. , - ' • =At, , ../`-7, i`sissf- .,'`. . • ' -- ' . Resolution No. 07-130 -7 RESOLUTION NO. 07-131 RESOLUTION APPROVING CONTINUED PARTICIPATION IN THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT) WORKER'S COMPENSATION PROGRAM WHEREAS, the City Council wishes to adopt worker's compensation coverage and programs to limit liability to the City of St. Louis Park; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that: 1. The City continues coverage with the League of Minnesota Cities Insurance Trust for worker's compensation coverage effective December 1, 2007. 2. The City Manager shall continue to secure coverage for management of claims made between the period of 1993 through 2003 when the City was self-insured for worker's ompensation and also has the authority to continue to approve payment for necessary ministration, processing and settlement of such open claims. Revie' es ff -010111111111 Ill/l Administration City Man Attest: City Clerk • Adopted by the City Council November 5, 2007