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#13 Acquire and demolish 907 McKinley Street (File Res. #2010-694) NEIGHBORHOOD SERVICES MEMORANDUM April 2, 2010 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a proposed Resolution Authorizing the Acquisition and Demolition of 907 McKinley Street (File Res. No. 2010-694) Summary In an effort to eliminate blighted property and stem the corresponding decline in property values for adjoining properties, five hundred thousand ($500,000) dollars was included within the 2009 Note Issue for neighborhood and downtown property acquisitions. The property located at 907 McKinley is currently a bank owned property and is a blighting influence to the neighborhood. Acquisition and demolition of the property located at 907 McKinley Street is consistent with neighborhood revitalization efforts for the Central City neighborhoods. Department Recommendation The Plan Commission and the Neighborhood Services Department recommend that the City Council support a motion to approve Resolution 2009-694 authorizing the purchase of the property located at 907 McKinley, at an acquisition price not to exceed $5,000. Suggested Motion I move to approve file resolution 2009-694 authorizing the purchase of 907 McKinley Street, at an acquisition price not to exceed $5,000 as part of the Central City Blight Elimination Project. Background Several months ago, the City of Janesville, Neighborhood Services, was approached by a representative of the Educational Employees Credit Union regarding a property that they were in the process of foreclosing upon. They have now taken the property back by way of a deed in lieu of foreclosure. After representatives from the bank had inspected the property, they decided that they had no interest in investing in the property to make necessary repairs to make the property habitable. (see attached letter) Neighborhood Services has negotiated a purchase price of $5,000 for the property at 907 McKinley Street. The property has a current assessed value of $57,800, including an assessed value of $10,000 for the land. No appraisal was 1 conducted for this property because the proposed sale price is lower than the land value. The Engineering Department estimated a demolition cost of$7,500. The interior of the structure is in very poor condition and staff recommends that the residence be demolished. The property will be acquired with funds with the City Council authorized in a 2009 General Fund Note Issue for blight elimination in the central part of the city. After the property is demolished, the site will be restored and effort will be made to sell the property or portions of the property to adjoining property owners. The City currently owns one of the adjoining properties located at 903 McKinley, and anticipates combining a portion of the lot with that of 903 McKinley. The property located at 907 McKinley Street is developed with a two-story single family residence built in 1855 on a very narrow 5,000 square foot lot. The property is zoned B3, General Residential. The house is 1,500 square foot with three bedrooms and one bath. The property does not individually represent a structure of historic significance to be retained. As with all properties located in an historic overlay district, permission from the Wisconsin Historical Society will be obtained before demolition occurs. th The property is listed in fair condition on the 4 Ward and Look West Housing Conditions Report; however, this report is based on an exterior inspection from the public right-of-way. Neighborhood Services did perform an interior inspection based on a tenant complaint in June of 2009. Based on that inspection, the structure was found to be unfit for human habitation due to several housing issues. An Order to Correct was issued at that time, but no repairs have been made at this time. Included in that order were foundation issues, exposed electrical wiring, an active roof leak, and damaged and missing stairs. (See attached order) The Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Services Acquisitions, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & th Old Fourth Ward Neighborhood Revitalization Plan (Adopted December 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties identified as poor or th fair condition on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10). Analysis A. The property is zoned R-3, General Residential. B. The project will include acquisition and demolition of the property funded through the 2009 General Fund Note Issue for blight elimination. C. The project is consistent with the criteria outlined by the Community Development Authority and the Neighborhood Action Team. The home is 2 located in census tract 3 which has been identified as one of the areas of greatest need in Janesville. The property is listed as fair condition in the th 4 Ward and Look West Housing Condition Report based on an exterior only inspection. D. The project is consistent with the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan as well as the City of Janesville Comprehensive Plan. Plan Commission Action Brad Cantrell, Community Development Director, presented the written staff report. Commissioner Werner asked if staff was aware of any environmental issues with the property and if there were any liens against the property. Cantrell stated he was not aware of any environmental issues on the property other than lead paint which is typical of a home of this era. He indicated that prior to processing this through the City Council we would be conducting a letter report to determine if there were any liens on the property. There was a motion by Commissioner Werner with a second by Commissioner Zolidis to forward this item to the City Council with a favorable recommendation. The motion carried on a 5-0-0 vote. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Jennifer Petruzzello, Neighborhood Services Director 3 RESOLUTION NO. 2010-694 RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL PROPERTY LOCATED AT 907 MCKINLEY STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 66.0101, 62.11(5), Chapter 32, and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, improvement, conservation, public use, demolition, disposition, and other disposal of parkland, open space, riverfront properties, blighted properties, redevelopment, and development properties; and WHEREAS, the City Council authorized $500,000 to be used for blight elimination in the central city in a 2009 General Fund Note Issue ; and WHEREAS , the Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Services Department Property Acquisition projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan (Adopted December th 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties identified as poor or fair th condition on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10); and WHEREAS , the City of Janesville Administration has negotiated an offer to purchase 907 McKinley Street in the amount of Five Thousand dollars ($5,000.00); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on th April 5, 2010 and found it to be consistent with long range City plans, but not commenting upon the financial aspects of the transaction; and WHEREAS , the Council finds this acquisition and proposed public use(s) in the best interest of the City and of benefit to the public; and WHEREAS , the funding source for the acquisition and demolition is the 2009 General Fund Note Issue Blight Elimination Fund: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that the City’s acquisition of 907 McKinley in the amount of Five Thousand dollars ($5,000.00) for the above described public purpose(s) is hereby approved and authorized; the City Manager and/or his designee(s) may acquire and close upon the City’s purchase of the Property from the owner(s) on behalf of the City; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file, and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Tim Wellnitz, Assistant City Attorney Proposed by: Neighborhood Services Department Prepared by: Neighborhood Development Specialist 2330 Kennedy Road Janesville, Wisconsin 53545 Ph: 608-752-2242 Fx: 608-752-6672 March 23, 2010 City Of Janesville Attn: Kelly Lee Re: Tina and Richard Schroeder Property at 907 McKinley Street, Janesville, WI 53545 To Whom It May Concern, Educational Employees Credit Union is now holding title on 907 McKinley Street, Janesville, Wisconsin. The credit union took the property through a deed in lieu of foreclosure from Tina and Richard Schroeder. Before offering the property to the city for purchase, the credit union has incurred expenses. This property had “squatters” residing in the property that we had to go through a formal eviction to have them vacated from the property. The credit union also cleared judgement lien off the title. We have worked with Tina and Richard to expedite the process of getting title on the home versus a true foreclosure. The credit union understood the city owns 903 McKinley Street and will either rehabilitate or raze that property. The credit union worked hard to make the title transfer happen quickly in order for the city to take both properties simultaneously for destruction if applicable. The credit union realizes the hazard of this property and was trying to assist the city to save money by getting a quick title. The credit union is requesting a purchase price of $5,000 for the property located at 907 McKinley Street, Janesville, Wisconsin and will release the property to the city for that settlement price. Thank you in advance for your consideration and if you have any questions, please feel to contact me at 608-752-2242. Sincerely, Barbara L. Berken President 907 McKinley 04/01/10 907 McKinley 04/01/10 August 28, 2009 ORDER TO CORRECT Owner #09-961 Richard D. Schroeder Tina R. Schroeder 2908 W. Avalon Rd. Janesville, WI 53546 RE: 907 McKinley Street Dear Mr. and Mrs. Schroeder: 907 McKinleySt., After a recent inspection regarding your property at the following violations were found and need to be corrected within thirty (30) days. The Order to Correct is issued pursuant to City of Janesville Code of General Ordinances and/or Wisconsin Administrative Code Comm 20-25. 16.08.320 1. The front door requires repair and shall be made capable of properly securing. 16.08.470 2. There are exposed electrical wires that shall be properly installed or removed. 16.08.045 3. A working smoke detector is required on each floor level, including the basement. PM305.3 4. Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. 16.08.300 5. Exterior walls: Every exterior wall shall be free of holes, breaks, loose or rotted boards or timbers, and any conditions which admit rain or excessive dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition, painted masonry, or metal siding, shall be maintained weatherproof and shall be properly surface coated by paint or other approved protective coating applied in a workmanlike manner when required to prevent deterioration and shall be free from peeling and chips. 16.08.300 6. Foundation walls: All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks, so as not to be detrimental to public safety and welfare. 16.08.300 7. Roofs and drainage: The roof shall be structurally sound, tight, and not have defects which might admit rain. Roof drainage shall be adequate to prevent rain water from causing dampness or deterioration in the walls or interior portion of the building. Roof water shall not be discharged in a manner that creates a nuisance to owners or occupants of adjacent premises, or that creates a public nuisance. 16.08.320 8. The basement hatchway door requires replacing and shall be kept in sound condition and repair. 16.08.310 9. The basement stairs require replacing and shall be adequate for safety as provided in the building code. Note: BUILDING PERMIT REQUIRED 16.08.370 10. The second floor stairs require finishing and shall be adequate for safety as provided in the building code. September 28,2009, A reinspection of this property will be conducted on or if you have the corrections made sooner than the thirty (30) days, please contact our office to arrange a reinspection. BE ADVISED THAT ONCE THIS BUILDING BECOMES VACANT, IT SHALL REMAIN VACANT UNTIL ALL VIOLATIONS LISTED ON THIS ORDER HAVE BEEN CORRECTED. I want to make you aware that failure to comply with this Order to Correct could result in legal action being taken against you, and a forfeiture of not less than $25 nor more than $500 together with the cost of prosecution for each violation, and each day that such violation is permitted to continue constitutes a separate offense. (COJ General Ordinance 16.08.210) The findings of inspection contained herein are intended to report conditions of non-compliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and non structural elements of the building and premises. No warranty of the operation, use, or durability of equipment and materials not specifically cited herein is expressed or implied. If you have any questions about these violations, please contact our office at (608)755-3173. Thank you for your anticipated cooperation in resolving this matter. Sincerely, _________________________________________ Timothy Gorman, Property Maintenance Specialist NEIGHBORHOOD SERVICES City of Janesville