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99-1146� mer�e�� - ��Ia`�� Council File # �� - 1\y �p Green Sheet # ��.�.(. RESOLUTION OF SAINT PAUL, MINNESOTA Presented By Referred To 3G Committee: Date 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City 2 Council to hold public hearings to consider the advisability and necessity of ordering the repair or 3 wrecking and removal of a two-story, wood frame dwelling with a detached, one-stall, wood frame 4 garage located on properiy hereinafter refened to as the "Subject Properiy" and commonly known as 375 5 Hawthome Avenue East. This property is legally described as follows, to wit: 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Lot 8, Block 1, Weinand Addition., and the East %z of vacated street adjoining said Lot, EXCEPT the West 4 feet thereof. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before March 23, 1999, the following aze the now known interested or responsible parties for the Subject Properiy: William M. Jotmson, 2270 12`� Avenue East, North St. Paul, MN 55109; Mark Wiebusch, Remax Crossroads, 2100 Ford Parkway, Ste. 201, St. Paul, NIN 55116; Integrated Asset Services, Inc, 5105 DTC Parkway, Ste. 310, Englewood, CO 80111; Key Federal Savings Bank, P.O. Box 3037, Baton Rouge, LA 70821-3037, Attn: Pamela Vogt; United Companies Lending Corp., P. O. Box 1591 , Baton Rouge, LA 70821, Re: Loan #36101001115; Lawrence A. Wilford, James A. Geske & Leonard, O'Brien, Wilford, Spencer & Gale, Ltd., 100 South S Street, Mpls., MN 55402; John Trawick, 280 Ravoux Avenue #125, St. Pau1, MN 55103 WIIEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated 7uly 21, 1999; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by August 20, 1999; and WIIEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WF�REAS, this nuisance condition has not been corrected and Division of Code Enfarcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and 2 0 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 �19-1� yG WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, November 16, 1999 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and zemove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the struciure in accordance with all applicaple codes and ordinances. The rehabilitation or demolition of the structure to be completed within S � Y � a er the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, November 24, 1999 and the testimony and evidence including the action taken by the Legisiative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testunony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 375 Hawthorne Avenue East: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 4. G� � That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Properiy which declazes it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the pubiic peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shucture and conecting ali deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within F# °��after the date of the Council Hearing• 5 �'X �,�� Y'nor��-�S Q°1-Ii�lv 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps aze necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 6 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 7 property or fixtures of any kind which interfere with the demolition and removal shall be 8 removed from the property by the responsible parties by the end of this time period. If all 9 personal property is not removed, it shall be considered to be abandoned and the City of Saint 10 Paul shall remove and dispose of such properry as provided by law. 11 12 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: CitiJzen Service Office; Code Enforcement B}�;: /(/�rt /( V Form Approved by City Attorney � � _. 8 � \ By: Adopted by Council: Date '��_ay �� t Approved by Mayor for Submission to � GREEN SHEET Warren R Bostrom 266-8439 TOTAL # OF SIGNATURE PAGES ,:� . -;� `1°t-1\y� N 102?�� =, � m..,.� � �� _ �,�� .,�.��..,,�«.a �..rwe�a�..msurn ❑ - (CLIP ALL LO ATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 375 Hawthorne Avenue East. W PLANNING COMMISSION CIB COMMI7TEE CIVIL SERVICE COMMISSION RSOIUIL SERViCE CONiMCIS MUSi ANSWER THE FOLLAWIN6 QUESTiONS: Hasthisv��mererwwkedunderacoriradtorihisdeparlmeM? � YES MO Flas this P�eonlfiim e.er 6em a citY emPbYce7 YFS NO Daes this peisanrfirtn poscess a sidll not rarmallypoaeessetl bY airy curreM ciry emPioyee? YES NO I8 Nis persoNfi�m a targeteE verWM YES tW � �Fipdain all Y� answe�s on sepaiate sheet antl attech W 9reen sheet NI7IATING PROBLEM ISSUE, OPPORTUNITY (Wha, What, When, Where, Why) , This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Pau1 Legislafive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 375 Hawthorne Avenue East by August 20, 1999, and have failed to compiy with those orders. ` � . ,. .. v�� „ iJ�� The City will eliminate a nuisance. T °-.:;� .. �_ ,�.., .,. `, 71SADVANTAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. wUNTOFTRnrisncnoHS $6,000 - $7,000 sourcce Nuisance Housing Abatement INFORMAiION (W Wt� COST/REVQIUEBUDfiETED(CIRCLEONE) � NO � 33261 � ��stCNs�. �'�'�'??° � . � ��," CITTZEN SERVICE OFPICE Fred Owusu, Crty Clerk 4q-1�y�. DIV ISION OF PROPERTY CODE ENFORCESv1E.3'f Warren R Bostrom P�o�sam Manage� CTTY OF SAINf PAUL Nuisance Building Code Enforcement �, Norm Caleman, Mayor I S W. Kellogg Blvd Rm. I90 Tel: 651-266-SS40 ', Saint Pau1, MN55102 Fax: 631-2668426 i October 22, 1999 �GU':";$ =�`'=?'``� �%°"� NOTICE OF PUBLIC HEARINGS ��f � � ��g Council President and Members ofthe City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule pubiic hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 375 Hawthorne Avenue East The City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, November 16,1999 City Council Hearing - Wednesday, November 24, 1999 The o�mers and responsible parties of record are: Name and Last Known Address William M. Johnson 2270 12�' Avenue East North St. Paul, MN 55109 Interest Fee Owner Mark Wiebusch Remax Crossroads Interested Party 2100 Ford Pazkway, Ste. 201 St. Paul, MN 5�116 Inte�ated Asset Services, Inc. � 105 DTC Pazkway, Ste. 310 Englewood, CO 80111 Interested Pariy aq - ��w 375 Hawthorne Avenue East October 22, 1999 Page 2 Name and Last Kno�vn Address Key Federal Savings Bank P.O. Box 3037 Baton Rouge, LA 70821-3037 Attn: Pamela Vogt United Companies Lendin� Corp. P. O. Box 1591 Baton Rouge, LA 70821 Re: Loan #36101001115 Lawrence A. Wilford, James A. Geske & Leonard, O'Brien, Wilford, Spencer & Gale, Ltd. 100 South 5"' Street Mpls., MN 55402 7ohn Trawick 280 Ravowc Avenue #125 St. Pau,, MN 55103 The legal descziption of this properiy is: Interest Mort�agee Interested Party Attorney for United Co. Lending Corp. Judgment Creditor Lot 8, Block 1, Weinand Addition., and the East'/� of vacated street adjoining said Lot, EXCEPT the West 4 feet thereof. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eluninate this nuisance condition by correcting tl�e deficiencies or by razin� and removing this building(s). a9-11y�, 375 Hawthorne Avenue East October 22, 1999 Page 3 Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. _.-- ,//' �� Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service O�ce SM:mI cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Paul Mordorski, PED-Housin� Division ccnph SUMMARY FOR PUBLIC HEARING � , �� 375 Hawthorne Avenue East Legislative Hearing - Tuesday, November 16, 1999 Ciry Council - Wednesday, November 24,1999 The building is a two-story, wood frame dwelling with a detached, one-stall, wood frame gazage on a lot of 4,836 squaze feet. According to our files, the building was Condemned on March 4, 1998 by Code Enfarcement and has been vacant since June 18, 1998. The current properiy owner is William M. Johnson, per Ramsey County Properiy Records and Revenue. The owner has not discussed his intentions with our office. There have been six (6) SUMMARY ABATEMENT NOTICES issued to: remove refuse, to secure the building and to cut tall grass and weeds. On May 13, 1999 an inspection of the building was conducted, a list of deficiencies which consritute a nuisance condition was developed and photographs were taken. An ORDER TO ABATE A N(JISANCE BLTILDING was issued on July 21, 1499 with a compliance date of September 20, 1999. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. The City has had to board this building to secure it against trespass. The Vacant Building registration fees are paid. The Real Estate taxes aze paid. Taacation has placed an estimated market value of $39,700 on this property. On 7uly 13, 1999 a Code Compliance Inspection was done. (attached) The $2000.00 bond has been posted with the Buildin� Inspection Department. Code Enfarcement Officers estimate the cost to repair this structure is $25,000. The estimated cost to Aemolish is $6,000-7,000. Citizen Service Office, Division of Code Enforcement Resolution submitted for consideration orders the property owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. aq-r��c. REPORT Date: November 16, 1999 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer l. Resolution ordering the owner to remove or repair the building at 666 Orleans Street If the owner fails to compiy with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman recommended the owner be given six months to complete the rehabilitation of the property. 2. Resointion ordering the owner to remove or repair the building at 375 Hawthome Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman recommended the owner be given six months to complete the rehabilitation of the property. Resolution ordering the owner to remove or repair the building at 1089 Marshall Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 10-19-99) Gerry Strathman recommended approval. � q9-1►y�. MINUTES OF TI� LEGISLATIVE HEARING PiTERTA AZUL,1811 SELBY AVENUE Monday, November 15, 1999 Room 330 City Hall Gerry Stratbman, Legislative Hearing Officer The meeting was called to order at 335 p.m. STAFF PRESENT: Corinne Martens, License, Inspections, Environmental Protection (LIEP) Gerry Strathman stated this legislative hearing is being held to discuss objections to the issuance of licenses to Puerta Azul, 1811 Selby Avenue. At the conclusion of the meeting, Mr. Strathman will make a recommendation to the City Council; the City Council will make the final determination on this matter. Corinne Martens reporte3 }1us is a license application for Roshan Corporation, DBA Puerta Azul, 1811 Selby Avenue. They aze applying for Malt On Sale (Strong) and Wine On Sa1e licenses. These license have been approved by Fire, Zoning, and Environmental Health. There aze no pending adverse actions against this applicant. Mr. Strathman asked to heaz from people in objection to these licenses. (No one came fonvard.) Mr. Strathman stated he received objection letters from the following: Helen Elizabeth Proechel, 224 Fairview Avenue North, wrote about the restaurant being open late, noise, traffic, and expensive food; Lynette Koopman, 1790 Selby Avenue, wrote about liquor; Christine Wahlstrom, 1824 Selby Avenue, wrote about liquor, pazking, litter, security, crime; George Scholler, 1747 Selby Avenue, wrote about beer and wine licenses; and Chillon Leach, 1795 Dayton Avenue, wrote about wine and beer, traffic, parking, late night pedestrian problems. Mr. Strathman asked to he�* from people in support of these licenses. Jon and Kathleen Wa.�h, 1829 Dayton Avenue, appeazed. Mr. Wa1sh stated that having a restaurant in the neighborhood will be a benefit. However, he supports the other neighbors in their objections because of co-lege students that cause problems in the neighborhood. The neighbors aze so sensitized to parrying and drinking in the neighborhood with the college students, that whenever the issue of alcohol is brought up, people get upset. People having wine and beer while having dinner, stated Ms. Walsh, aze not ordinarily creating the problems the neighborhood is concerned about. Also, it may be an impairment for Puerta Azul to not provide wine and beer. Parking should not be a problem because Puerta Azul has appro�cimately 12 pazking spots, which is about how many tables they have on the premises. Some businesses in the neighborhood have failed, and Ms. Walsh would like to see this business do well. q9-1�+{� PUERTA AZIJL, 1811 Selby Avenue, 11-15-99 Page 2 Mike Ashton, 1816 Selby Avenue, appeared and stated he lives across the street from Puerta Azul, and Mr. Ashton has a business on the corner. Tlus is an upscale, nice restauraut. Not being able to have a glass of wine or beer would be taking something away. It is not the kind of place where young people will just hang out. It will be good for Mr. Ashton's business also. Florence and James Pappas, 1791 Hague Avenue, appeazed. Ms. Pappas stated this is a quality restaurant and the azea is fortunate to have it. This part of Selby has not been interesting over the yeazs, and does not have the class that Grand Avenue has. This restaurant will help improve the azea. It is the college students houses that cause concem. Taste of Thailand is about two blocks away, they serve wine and/or beer thete, and there has not been a problem in the azea because of that. This restaurant is an improvement, stated Mr. Pappas, and will help the antique stores. Katharine Macey, Pete's Hardwood Floors, 186 Fairniew Avenue North, appeazed and stated she agrees with the testimony that preceded her. The focus at Puerta Azul is on the food. There is no beer counter. It is clearly all geazed towazd a dining experience. The conditions aze not conducive to drinking to excess, parrying, or massive dninkenness. Also, this business will attract the kind of patrons that will also benefit Pete's Hardwood Floors. William Poynton, 1817 Selby Avenue, appeazed and stated he is a landlord of the building and owns a business ne�ct door. The owners have made a contribution into the neighborhood by investing a lot of money into improving the restaurant that is there, and they have signed a long term lease. Puerta Azul is a very small space with a limited number of seats. They aze serious about the food. It has improved the neighborhood, and they have brought a lot of people into the neigliborhood. It is unreasonable to deny them a license to serve a glass of wine or beer. Mr. Strathman stated he received letters in support of the application as follows: Leon and Elaine Oman, 1865 Laurel Avenue; Robert Cazlson, Sweeney Hagerman, Pete Peters, Kadee Macey from Pete's Hazdwood Floors� 12�6 Fairview Avenue North; Angela Mazckel, 115 Fairview Avenue North; John Wacaale, 1847 Selby Avenue; Jon and Kathleen Walsh, 1829 Dayton Avenue; Sherilyn Young, Merriam Pazk Community Counci1,1573 Selby Avenue, Suite 311; and Roger Meyer, Merriam Pazk Con. nunity Council, 1573 Selby Avenue, Suite #311. (Mojtaba Sadr-Panah gave Mr. Strathman a letter in support of the licenses from Jack Otis, 156 Fairview Avenue North.) Mojtaba Sadr-Panah, Manager, appeared and.stated their focus is on the food; beer and wine would be a complement to the food. He had been in business for over a year at another location, and had to move because the building was demolished. There was beer and wine there. That restaurant was surrounded by student housing and maybe 5% of the business came from students who wanted to have a nice meal. However, his focus is not on drawing students to the business. Mr. Panah has been in the restaurant business many yeazs and lrnows how to manage it. GI`t-�\�l� PUERTA AZIJL, 1811 Selby Avenue, 11-15-99 (Mr. Panah gave Mr. Strathman a copy of the menu.) Page 3 Gerry Strathman recommended approval of the license application citutg he understands the neighbors who are in objection; however, the license application is in order. He cannot find a reason to believe the issuance of these licenses would be contrary to the best interests of the City and neighborhood. The meeting was adjoumed at 3:58 p.m. 0 � 3� MIN[7TES OF TF� LBGISLATIVE HEARING Tuesday, November 16, 1999 ' Room 330 City Hall Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 10:00 am. STAFF PRESENT: Steve Magner, Code Enforcement Resolution ordering the owner to remove or repair the building at 666 Orleans Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Steve Magner gave Gerry Strathman photographs; they were returned at the end of the meeting.) Steve Magner reported this building has been vacant since 12-23-97. Six summary abatement notices have been issued to remove refuse, secure the building, and cut tall grass. On 7-28-99, az� inspeciion was conducted and a list of deficiencies which constitute a nuisance was developed. The vacant building fees and real estate taaces are current. The estimated value of the property is $24,700. A code compliance inspection was completed on 3-4-98. The owner posted a bond on 11-12-99 for a six month ea�tension. Mr. Magner would not have a problem granting the owner six months to complete the work. Charlotte Anthonisen, owner, appeared and stated she has permits on file to finish the structure. The project is going forward. Gerry Strathman stated the list of corrections are extensive and asked is the owner co�dent the items can be corrected within six months. Ms. Anthonisen responded yes. Gerry Strathman recommended the owner be given six months to complete the rehabilitation of the property citing the code compliance inspec6on has been completed and a bond has been posted. � Resolution ordering the owner to remove or repair the building at 375 Hawthorne Avenue ' East. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. (Steve Magner gave Gerry Strathman photographs; they were returned at the end of the meeting.) (No one appeazed representing the property.) Steve Magner reported this property was condemned on 3-4-98 and has been vacant since 6-18-98. There have been six summary abatement notices issued to remove refuse, secure the building, and cut tall grass. An inspection was conducted on 5-13-99 and a list of deficieneies c t� \�`� lo �� . LEGISLATIVE FiEARING MINUTES OF 11-16-99 page 2 which constitute a nuisance was developed. The vacant building fees and reai estate tases aze curtent. The estimated value of the property is $39,700. A code compliance inspection was completed and a$2,000 bond has been posted. There is a new owner and he has contacted Mr. Magner. The owner was informed to be here today. Nonetheless, it woutd be prudent to allow him time to rehabilitate the structure. Gerry Stcathman recommended the owner be given six months to complete the rehabilitation of the properry. Resolution ordering the owner to remove or repair the buffding at 1089 Marshall Avenue. If the owner fails to comply with the resolutiun, Code Enforcement is ordered to remove the building. (Laid over from 10-19-99) (Steve Magner gave Mr. Strathman photograplvs of the buiiding.) Gerry Strathman stated he received a ca11 yesterday from Citizen Service who indicated Benjanun Roberts was there for the hearing; Mr. Roberts was informed the meeting was today. Steve Magner reported he expected Mr. Roberts to be here today. Mr. Magner met with him on 10-29-99 at the properiy. Mr. Roberts indicated he would complete the rehabilitation by 11-15-99. There was a lot of work to be done at that time: electrical, plumbing, installation of cabinets, hardware, fixtures, handrails, removing boazds, repairing windows, replacing windows, installation of a new stairway to the Second Floor. At the previous meeting, Mr. Roberts indicated the building would be ready for occupancy in a few weeks, stated Mr. Strathman. Gerry Strathman recommended approval of the resolution. The meeting was adjoumed at 10:14 a.m. rrn � mer�e�� - ��Ia`�� Council File # �� - 1\y �p Green Sheet # ��.�.(. RESOLUTION OF SAINT PAUL, MINNESOTA Presented By Referred To 3G Committee: Date 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City 2 Council to hold public hearings to consider the advisability and necessity of ordering the repair or 3 wrecking and removal of a two-story, wood frame dwelling with a detached, one-stall, wood frame 4 garage located on properiy hereinafter refened to as the "Subject Properiy" and commonly known as 375 5 Hawthome Avenue East. This property is legally described as follows, to wit: 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Lot 8, Block 1, Weinand Addition., and the East %z of vacated street adjoining said Lot, EXCEPT the West 4 feet thereof. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before March 23, 1999, the following aze the now known interested or responsible parties for the Subject Properiy: William M. Jotmson, 2270 12`� Avenue East, North St. Paul, MN 55109; Mark Wiebusch, Remax Crossroads, 2100 Ford Parkway, Ste. 201, St. Paul, NIN 55116; Integrated Asset Services, Inc, 5105 DTC Parkway, Ste. 310, Englewood, CO 80111; Key Federal Savings Bank, P.O. Box 3037, Baton Rouge, LA 70821-3037, Attn: Pamela Vogt; United Companies Lending Corp., P. O. Box 1591 , Baton Rouge, LA 70821, Re: Loan #36101001115; Lawrence A. Wilford, James A. Geske & Leonard, O'Brien, Wilford, Spencer & Gale, Ltd., 100 South S Street, Mpls., MN 55402; John Trawick, 280 Ravoux Avenue #125, St. Pau1, MN 55103 WIIEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated 7uly 21, 1999; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by August 20, 1999; and WIIEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WF�REAS, this nuisance condition has not been corrected and Division of Code Enfarcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and 2 0 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 �19-1� yG WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, November 16, 1999 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and zemove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the struciure in accordance with all applicaple codes and ordinances. The rehabilitation or demolition of the structure to be completed within S � Y � a er the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, November 24, 1999 and the testimony and evidence including the action taken by the Legisiative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testunony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 375 Hawthorne Avenue East: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 4. G� � That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Properiy which declazes it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the pubiic peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shucture and conecting ali deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within F# °��after the date of the Council Hearing• 5 �'X �,�� Y'nor��-�S Q°1-Ii�lv 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps aze necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 6 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 7 property or fixtures of any kind which interfere with the demolition and removal shall be 8 removed from the property by the responsible parties by the end of this time period. If all 9 personal property is not removed, it shall be considered to be abandoned and the City of Saint 10 Paul shall remove and dispose of such properry as provided by law. 11 12 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: CitiJzen Service Office; Code Enforcement B}�;: /(/�rt /( V Form Approved by City Attorney � � _. 8 � \ By: Adopted by Council: Date '��_ay �� t Approved by Mayor for Submission to � GREEN SHEET Warren R Bostrom 266-8439 TOTAL # OF SIGNATURE PAGES ,:� . -;� `1°t-1\y� N 102?�� =, � m..,.� � �� _ �,�� .,�.��..,,�«.a �..rwe�a�..msurn ❑ - (CLIP ALL LO ATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 375 Hawthorne Avenue East. W PLANNING COMMISSION CIB COMMI7TEE CIVIL SERVICE COMMISSION RSOIUIL SERViCE CONiMCIS MUSi ANSWER THE FOLLAWIN6 QUESTiONS: Hasthisv��mererwwkedunderacoriradtorihisdeparlmeM? � YES MO Flas this P�eonlfiim e.er 6em a citY emPbYce7 YFS NO Daes this peisanrfirtn poscess a sidll not rarmallypoaeessetl bY airy curreM ciry emPioyee? YES NO I8 Nis persoNfi�m a targeteE verWM YES tW � �Fipdain all Y� answe�s on sepaiate sheet antl attech W 9reen sheet NI7IATING PROBLEM ISSUE, OPPORTUNITY (Wha, What, When, Where, Why) , This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Pau1 Legislafive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 375 Hawthorne Avenue East by August 20, 1999, and have failed to compiy with those orders. ` � . ,. .. v�� „ iJ�� The City will eliminate a nuisance. T °-.:;� .. �_ ,�.., .,. `, 71SADVANTAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. wUNTOFTRnrisncnoHS $6,000 - $7,000 sourcce Nuisance Housing Abatement INFORMAiION (W Wt� COST/REVQIUEBUDfiETED(CIRCLEONE) � NO � 33261 � ��stCNs�. �'�'�'??° � . � ��," CITTZEN SERVICE OFPICE Fred Owusu, Crty Clerk 4q-1�y�. DIV ISION OF PROPERTY CODE ENFORCESv1E.3'f Warren R Bostrom P�o�sam Manage� CTTY OF SAINf PAUL Nuisance Building Code Enforcement �, Norm Caleman, Mayor I S W. Kellogg Blvd Rm. I90 Tel: 651-266-SS40 ', Saint Pau1, MN55102 Fax: 631-2668426 i October 22, 1999 �GU':";$ =�`'=?'``� �%°"� NOTICE OF PUBLIC HEARINGS ��f � � ��g Council President and Members ofthe City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule pubiic hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 375 Hawthorne Avenue East The City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, November 16,1999 City Council Hearing - Wednesday, November 24, 1999 The o�mers and responsible parties of record are: Name and Last Known Address William M. Johnson 2270 12�' Avenue East North St. Paul, MN 55109 Interest Fee Owner Mark Wiebusch Remax Crossroads Interested Party 2100 Ford Pazkway, Ste. 201 St. Paul, MN 5�116 Inte�ated Asset Services, Inc. � 105 DTC Pazkway, Ste. 310 Englewood, CO 80111 Interested Pariy aq - ��w 375 Hawthorne Avenue East October 22, 1999 Page 2 Name and Last Kno�vn Address Key Federal Savings Bank P.O. Box 3037 Baton Rouge, LA 70821-3037 Attn: Pamela Vogt United Companies Lendin� Corp. P. O. Box 1591 Baton Rouge, LA 70821 Re: Loan #36101001115 Lawrence A. Wilford, James A. Geske & Leonard, O'Brien, Wilford, Spencer & Gale, Ltd. 100 South 5"' Street Mpls., MN 55402 7ohn Trawick 280 Ravowc Avenue #125 St. Pau,, MN 55103 The legal descziption of this properiy is: Interest Mort�agee Interested Party Attorney for United Co. Lending Corp. Judgment Creditor Lot 8, Block 1, Weinand Addition., and the East'/� of vacated street adjoining said Lot, EXCEPT the West 4 feet thereof. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eluninate this nuisance condition by correcting tl�e deficiencies or by razin� and removing this building(s). a9-11y�, 375 Hawthorne Avenue East October 22, 1999 Page 3 Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. _.-- ,//' �� Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service O�ce SM:mI cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Paul Mordorski, PED-Housin� Division ccnph SUMMARY FOR PUBLIC HEARING � , �� 375 Hawthorne Avenue East Legislative Hearing - Tuesday, November 16, 1999 Ciry Council - Wednesday, November 24,1999 The building is a two-story, wood frame dwelling with a detached, one-stall, wood frame gazage on a lot of 4,836 squaze feet. According to our files, the building was Condemned on March 4, 1998 by Code Enfarcement and has been vacant since June 18, 1998. The current properiy owner is William M. Johnson, per Ramsey County Properiy Records and Revenue. The owner has not discussed his intentions with our office. There have been six (6) SUMMARY ABATEMENT NOTICES issued to: remove refuse, to secure the building and to cut tall grass and weeds. On May 13, 1999 an inspection of the building was conducted, a list of deficiencies which consritute a nuisance condition was developed and photographs were taken. An ORDER TO ABATE A N(JISANCE BLTILDING was issued on July 21, 1499 with a compliance date of September 20, 1999. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. The City has had to board this building to secure it against trespass. The Vacant Building registration fees are paid. The Real Estate taxes aze paid. Taacation has placed an estimated market value of $39,700 on this property. On 7uly 13, 1999 a Code Compliance Inspection was done. (attached) The $2000.00 bond has been posted with the Buildin� Inspection Department. Code Enfarcement Officers estimate the cost to repair this structure is $25,000. The estimated cost to Aemolish is $6,000-7,000. Citizen Service Office, Division of Code Enforcement Resolution submitted for consideration orders the property owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. aq-r��c. REPORT Date: November 16, 1999 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer l. Resolution ordering the owner to remove or repair the building at 666 Orleans Street If the owner fails to compiy with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman recommended the owner be given six months to complete the rehabilitation of the property. 2. Resointion ordering the owner to remove or repair the building at 375 Hawthome Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman recommended the owner be given six months to complete the rehabilitation of the property. Resolution ordering the owner to remove or repair the building at 1089 Marshall Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 10-19-99) Gerry Strathman recommended approval. � q9-1►y�. MINUTES OF TI� LEGISLATIVE HEARING PiTERTA AZUL,1811 SELBY AVENUE Monday, November 15, 1999 Room 330 City Hall Gerry Stratbman, Legislative Hearing Officer The meeting was called to order at 335 p.m. STAFF PRESENT: Corinne Martens, License, Inspections, Environmental Protection (LIEP) Gerry Strathman stated this legislative hearing is being held to discuss objections to the issuance of licenses to Puerta Azul, 1811 Selby Avenue. At the conclusion of the meeting, Mr. Strathman will make a recommendation to the City Council; the City Council will make the final determination on this matter. Corinne Martens reporte3 }1us is a license application for Roshan Corporation, DBA Puerta Azul, 1811 Selby Avenue. They aze applying for Malt On Sale (Strong) and Wine On Sa1e licenses. These license have been approved by Fire, Zoning, and Environmental Health. There aze no pending adverse actions against this applicant. Mr. Strathman asked to heaz from people in objection to these licenses. (No one came fonvard.) Mr. Strathman stated he received objection letters from the following: Helen Elizabeth Proechel, 224 Fairview Avenue North, wrote about the restaurant being open late, noise, traffic, and expensive food; Lynette Koopman, 1790 Selby Avenue, wrote about liquor; Christine Wahlstrom, 1824 Selby Avenue, wrote about liquor, pazking, litter, security, crime; George Scholler, 1747 Selby Avenue, wrote about beer and wine licenses; and Chillon Leach, 1795 Dayton Avenue, wrote about wine and beer, traffic, parking, late night pedestrian problems. Mr. Strathman asked to he�* from people in support of these licenses. Jon and Kathleen Wa.�h, 1829 Dayton Avenue, appeazed. Mr. Wa1sh stated that having a restaurant in the neighborhood will be a benefit. However, he supports the other neighbors in their objections because of co-lege students that cause problems in the neighborhood. The neighbors aze so sensitized to parrying and drinking in the neighborhood with the college students, that whenever the issue of alcohol is brought up, people get upset. People having wine and beer while having dinner, stated Ms. Walsh, aze not ordinarily creating the problems the neighborhood is concerned about. Also, it may be an impairment for Puerta Azul to not provide wine and beer. Parking should not be a problem because Puerta Azul has appro�cimately 12 pazking spots, which is about how many tables they have on the premises. Some businesses in the neighborhood have failed, and Ms. Walsh would like to see this business do well. q9-1�+{� PUERTA AZIJL, 1811 Selby Avenue, 11-15-99 Page 2 Mike Ashton, 1816 Selby Avenue, appeared and stated he lives across the street from Puerta Azul, and Mr. Ashton has a business on the corner. Tlus is an upscale, nice restauraut. Not being able to have a glass of wine or beer would be taking something away. It is not the kind of place where young people will just hang out. It will be good for Mr. Ashton's business also. Florence and James Pappas, 1791 Hague Avenue, appeazed. Ms. Pappas stated this is a quality restaurant and the azea is fortunate to have it. This part of Selby has not been interesting over the yeazs, and does not have the class that Grand Avenue has. This restaurant will help improve the azea. It is the college students houses that cause concem. Taste of Thailand is about two blocks away, they serve wine and/or beer thete, and there has not been a problem in the azea because of that. This restaurant is an improvement, stated Mr. Pappas, and will help the antique stores. Katharine Macey, Pete's Hardwood Floors, 186 Fairniew Avenue North, appeazed and stated she agrees with the testimony that preceded her. The focus at Puerta Azul is on the food. There is no beer counter. It is clearly all geazed towazd a dining experience. The conditions aze not conducive to drinking to excess, parrying, or massive dninkenness. Also, this business will attract the kind of patrons that will also benefit Pete's Hardwood Floors. William Poynton, 1817 Selby Avenue, appeazed and stated he is a landlord of the building and owns a business ne�ct door. The owners have made a contribution into the neighborhood by investing a lot of money into improving the restaurant that is there, and they have signed a long term lease. Puerta Azul is a very small space with a limited number of seats. They aze serious about the food. It has improved the neighborhood, and they have brought a lot of people into the neigliborhood. It is unreasonable to deny them a license to serve a glass of wine or beer. Mr. Strathman stated he received letters in support of the application as follows: Leon and Elaine Oman, 1865 Laurel Avenue; Robert Cazlson, Sweeney Hagerman, Pete Peters, Kadee Macey from Pete's Hazdwood Floors� 12�6 Fairview Avenue North; Angela Mazckel, 115 Fairview Avenue North; John Wacaale, 1847 Selby Avenue; Jon and Kathleen Walsh, 1829 Dayton Avenue; Sherilyn Young, Merriam Pazk Community Counci1,1573 Selby Avenue, Suite 311; and Roger Meyer, Merriam Pazk Con. nunity Council, 1573 Selby Avenue, Suite #311. (Mojtaba Sadr-Panah gave Mr. Strathman a letter in support of the licenses from Jack Otis, 156 Fairview Avenue North.) Mojtaba Sadr-Panah, Manager, appeared and.stated their focus is on the food; beer and wine would be a complement to the food. He had been in business for over a year at another location, and had to move because the building was demolished. There was beer and wine there. That restaurant was surrounded by student housing and maybe 5% of the business came from students who wanted to have a nice meal. However, his focus is not on drawing students to the business. Mr. Panah has been in the restaurant business many yeazs and lrnows how to manage it. GI`t-�\�l� PUERTA AZIJL, 1811 Selby Avenue, 11-15-99 (Mr. Panah gave Mr. Strathman a copy of the menu.) Page 3 Gerry Strathman recommended approval of the license application citutg he understands the neighbors who are in objection; however, the license application is in order. He cannot find a reason to believe the issuance of these licenses would be contrary to the best interests of the City and neighborhood. The meeting was adjoumed at 3:58 p.m. 0 � 3� MIN[7TES OF TF� LBGISLATIVE HEARING Tuesday, November 16, 1999 ' Room 330 City Hall Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 10:00 am. STAFF PRESENT: Steve Magner, Code Enforcement Resolution ordering the owner to remove or repair the building at 666 Orleans Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Steve Magner gave Gerry Strathman photographs; they were returned at the end of the meeting.) Steve Magner reported this building has been vacant since 12-23-97. Six summary abatement notices have been issued to remove refuse, secure the building, and cut tall grass. On 7-28-99, az� inspeciion was conducted and a list of deficiencies which constitute a nuisance was developed. The vacant building fees and real estate taaces are current. The estimated value of the property is $24,700. A code compliance inspection was completed on 3-4-98. The owner posted a bond on 11-12-99 for a six month ea�tension. Mr. Magner would not have a problem granting the owner six months to complete the work. Charlotte Anthonisen, owner, appeared and stated she has permits on file to finish the structure. The project is going forward. Gerry Strathman stated the list of corrections are extensive and asked is the owner co�dent the items can be corrected within six months. Ms. Anthonisen responded yes. Gerry Strathman recommended the owner be given six months to complete the rehabilitation of the property citing the code compliance inspec6on has been completed and a bond has been posted. � Resolution ordering the owner to remove or repair the building at 375 Hawthorne Avenue ' East. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. (Steve Magner gave Gerry Strathman photographs; they were returned at the end of the meeting.) (No one appeazed representing the property.) Steve Magner reported this property was condemned on 3-4-98 and has been vacant since 6-18-98. There have been six summary abatement notices issued to remove refuse, secure the building, and cut tall grass. An inspection was conducted on 5-13-99 and a list of deficieneies c t� \�`� lo �� . LEGISLATIVE FiEARING MINUTES OF 11-16-99 page 2 which constitute a nuisance was developed. The vacant building fees and reai estate tases aze curtent. The estimated value of the property is $39,700. A code compliance inspection was completed and a$2,000 bond has been posted. There is a new owner and he has contacted Mr. Magner. The owner was informed to be here today. Nonetheless, it woutd be prudent to allow him time to rehabilitate the structure. Gerry Stcathman recommended the owner be given six months to complete the rehabilitation of the properry. Resolution ordering the owner to remove or repair the buffding at 1089 Marshall Avenue. If the owner fails to comply with the resolutiun, Code Enforcement is ordered to remove the building. (Laid over from 10-19-99) (Steve Magner gave Mr. Strathman photograplvs of the buiiding.) Gerry Strathman stated he received a ca11 yesterday from Citizen Service who indicated Benjanun Roberts was there for the hearing; Mr. Roberts was informed the meeting was today. Steve Magner reported he expected Mr. Roberts to be here today. Mr. Magner met with him on 10-29-99 at the properiy. Mr. Roberts indicated he would complete the rehabilitation by 11-15-99. There was a lot of work to be done at that time: electrical, plumbing, installation of cabinets, hardware, fixtures, handrails, removing boazds, repairing windows, replacing windows, installation of a new stairway to the Second Floor. At the previous meeting, Mr. Roberts indicated the building would be ready for occupancy in a few weeks, stated Mr. Strathman. Gerry Strathman recommended approval of the resolution. The meeting was adjoumed at 10:14 a.m. rrn � mer�e�� - ��Ia`�� Council File # �� - 1\y �p Green Sheet # ��.�.(. RESOLUTION OF SAINT PAUL, MINNESOTA Presented By Referred To 3G Committee: Date 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City 2 Council to hold public hearings to consider the advisability and necessity of ordering the repair or 3 wrecking and removal of a two-story, wood frame dwelling with a detached, one-stall, wood frame 4 garage located on properiy hereinafter refened to as the "Subject Properiy" and commonly known as 375 5 Hawthome Avenue East. This property is legally described as follows, to wit: 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Lot 8, Block 1, Weinand Addition., and the East %z of vacated street adjoining said Lot, EXCEPT the West 4 feet thereof. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before March 23, 1999, the following aze the now known interested or responsible parties for the Subject Properiy: William M. Jotmson, 2270 12`� Avenue East, North St. Paul, MN 55109; Mark Wiebusch, Remax Crossroads, 2100 Ford Parkway, Ste. 201, St. Paul, NIN 55116; Integrated Asset Services, Inc, 5105 DTC Parkway, Ste. 310, Englewood, CO 80111; Key Federal Savings Bank, P.O. Box 3037, Baton Rouge, LA 70821-3037, Attn: Pamela Vogt; United Companies Lending Corp., P. O. Box 1591 , Baton Rouge, LA 70821, Re: Loan #36101001115; Lawrence A. Wilford, James A. Geske & Leonard, O'Brien, Wilford, Spencer & Gale, Ltd., 100 South S Street, Mpls., MN 55402; John Trawick, 280 Ravoux Avenue #125, St. Pau1, MN 55103 WIIEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated 7uly 21, 1999; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by August 20, 1999; and WIIEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WF�REAS, this nuisance condition has not been corrected and Division of Code Enfarcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and 2 0 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 �19-1� yG WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, November 16, 1999 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and zemove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the struciure in accordance with all applicaple codes and ordinances. The rehabilitation or demolition of the structure to be completed within S � Y � a er the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, November 24, 1999 and the testimony and evidence including the action taken by the Legisiative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testunony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 375 Hawthorne Avenue East: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 4. G� � That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Properiy which declazes it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the pubiic peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this shucture and conecting ali deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within F# °��after the date of the Council Hearing• 5 �'X �,�� Y'nor��-�S Q°1-Ii�lv 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps aze necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 6 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 7 property or fixtures of any kind which interfere with the demolition and removal shall be 8 removed from the property by the responsible parties by the end of this time period. If all 9 personal property is not removed, it shall be considered to be abandoned and the City of Saint 10 Paul shall remove and dispose of such properry as provided by law. 11 12 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: CitiJzen Service Office; Code Enforcement B}�;: /(/�rt /( V Form Approved by City Attorney � � _. 8 � \ By: Adopted by Council: Date '��_ay �� t Approved by Mayor for Submission to � GREEN SHEET Warren R Bostrom 266-8439 TOTAL # OF SIGNATURE PAGES ,:� . -;� `1°t-1\y� N 102?�� =, � m..,.� � �� _ �,�� .,�.��..,,�«.a �..rwe�a�..msurn ❑ - (CLIP ALL LO ATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 375 Hawthorne Avenue East. W PLANNING COMMISSION CIB COMMI7TEE CIVIL SERVICE COMMISSION RSOIUIL SERViCE CONiMCIS MUSi ANSWER THE FOLLAWIN6 QUESTiONS: Hasthisv��mererwwkedunderacoriradtorihisdeparlmeM? � YES MO Flas this P�eonlfiim e.er 6em a citY emPbYce7 YFS NO Daes this peisanrfirtn poscess a sidll not rarmallypoaeessetl bY airy curreM ciry emPioyee? YES NO I8 Nis persoNfi�m a targeteE verWM YES tW � �Fipdain all Y� answe�s on sepaiate sheet antl attech W 9reen sheet NI7IATING PROBLEM ISSUE, OPPORTUNITY (Wha, What, When, Where, Why) , This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Pau1 Legislafive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 375 Hawthorne Avenue East by August 20, 1999, and have failed to compiy with those orders. ` � . ,. .. v�� „ iJ�� The City will eliminate a nuisance. T °-.:;� .. �_ ,�.., .,. `, 71SADVANTAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. wUNTOFTRnrisncnoHS $6,000 - $7,000 sourcce Nuisance Housing Abatement INFORMAiION (W Wt� COST/REVQIUEBUDfiETED(CIRCLEONE) � NO � 33261 � ��stCNs�. �'�'�'??° � . � ��," CITTZEN SERVICE OFPICE Fred Owusu, Crty Clerk 4q-1�y�. DIV ISION OF PROPERTY CODE ENFORCESv1E.3'f Warren R Bostrom P�o�sam Manage� CTTY OF SAINf PAUL Nuisance Building Code Enforcement �, Norm Caleman, Mayor I S W. Kellogg Blvd Rm. I90 Tel: 651-266-SS40 ', Saint Pau1, MN55102 Fax: 631-2668426 i October 22, 1999 �GU':";$ =�`'=?'``� �%°"� NOTICE OF PUBLIC HEARINGS ��f � � ��g Council President and Members ofthe City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule pubiic hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 375 Hawthorne Avenue East The City Council has scheduled the date of these hearings as follows: Legislative Aearing - Tuesday, November 16,1999 City Council Hearing - Wednesday, November 24, 1999 The o�mers and responsible parties of record are: Name and Last Known Address William M. Johnson 2270 12�' Avenue East North St. Paul, MN 55109 Interest Fee Owner Mark Wiebusch Remax Crossroads Interested Party 2100 Ford Pazkway, Ste. 201 St. Paul, MN 5�116 Inte�ated Asset Services, Inc. � 105 DTC Pazkway, Ste. 310 Englewood, CO 80111 Interested Pariy aq - ��w 375 Hawthorne Avenue East October 22, 1999 Page 2 Name and Last Kno�vn Address Key Federal Savings Bank P.O. Box 3037 Baton Rouge, LA 70821-3037 Attn: Pamela Vogt United Companies Lendin� Corp. P. O. Box 1591 Baton Rouge, LA 70821 Re: Loan #36101001115 Lawrence A. Wilford, James A. Geske & Leonard, O'Brien, Wilford, Spencer & Gale, Ltd. 100 South 5"' Street Mpls., MN 55402 7ohn Trawick 280 Ravowc Avenue #125 St. Pau,, MN 55103 The legal descziption of this properiy is: Interest Mort�agee Interested Party Attorney for United Co. Lending Corp. Judgment Creditor Lot 8, Block 1, Weinand Addition., and the East'/� of vacated street adjoining said Lot, EXCEPT the West 4 feet thereof. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eluninate this nuisance condition by correcting tl�e deficiencies or by razin� and removing this building(s). a9-11y�, 375 Hawthorne Avenue East October 22, 1999 Page 3 Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. _.-- ,//' �� Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service O�ce SM:mI cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Paul Mordorski, PED-Housin� Division ccnph SUMMARY FOR PUBLIC HEARING � , �� 375 Hawthorne Avenue East Legislative Hearing - Tuesday, November 16, 1999 Ciry Council - Wednesday, November 24,1999 The building is a two-story, wood frame dwelling with a detached, one-stall, wood frame gazage on a lot of 4,836 squaze feet. According to our files, the building was Condemned on March 4, 1998 by Code Enfarcement and has been vacant since June 18, 1998. The current properiy owner is William M. Johnson, per Ramsey County Properiy Records and Revenue. The owner has not discussed his intentions with our office. There have been six (6) SUMMARY ABATEMENT NOTICES issued to: remove refuse, to secure the building and to cut tall grass and weeds. On May 13, 1999 an inspection of the building was conducted, a list of deficiencies which consritute a nuisance condition was developed and photographs were taken. An ORDER TO ABATE A N(JISANCE BLTILDING was issued on July 21, 1499 with a compliance date of September 20, 1999. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. The City has had to board this building to secure it against trespass. The Vacant Building registration fees are paid. The Real Estate taxes aze paid. Taacation has placed an estimated market value of $39,700 on this property. On 7uly 13, 1999 a Code Compliance Inspection was done. (attached) The $2000.00 bond has been posted with the Buildin� Inspection Department. Code Enfarcement Officers estimate the cost to repair this structure is $25,000. The estimated cost to Aemolish is $6,000-7,000. Citizen Service Office, Division of Code Enforcement Resolution submitted for consideration orders the property owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. aq-r��c. REPORT Date: November 16, 1999 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer l. Resolution ordering the owner to remove or repair the building at 666 Orleans Street If the owner fails to compiy with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman recommended the owner be given six months to complete the rehabilitation of the property. 2. Resointion ordering the owner to remove or repair the building at 375 Hawthome Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman recommended the owner be given six months to complete the rehabilitation of the property. Resolution ordering the owner to remove or repair the building at 1089 Marshall Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 10-19-99) Gerry Strathman recommended approval. � q9-1►y�. MINUTES OF TI� LEGISLATIVE HEARING PiTERTA AZUL,1811 SELBY AVENUE Monday, November 15, 1999 Room 330 City Hall Gerry Stratbman, Legislative Hearing Officer The meeting was called to order at 335 p.m. STAFF PRESENT: Corinne Martens, License, Inspections, Environmental Protection (LIEP) Gerry Strathman stated this legislative hearing is being held to discuss objections to the issuance of licenses to Puerta Azul, 1811 Selby Avenue. At the conclusion of the meeting, Mr. Strathman will make a recommendation to the City Council; the City Council will make the final determination on this matter. Corinne Martens reporte3 }1us is a license application for Roshan Corporation, DBA Puerta Azul, 1811 Selby Avenue. They aze applying for Malt On Sale (Strong) and Wine On Sa1e licenses. These license have been approved by Fire, Zoning, and Environmental Health. There aze no pending adverse actions against this applicant. Mr. Strathman asked to heaz from people in objection to these licenses. (No one came fonvard.) Mr. Strathman stated he received objection letters from the following: Helen Elizabeth Proechel, 224 Fairview Avenue North, wrote about the restaurant being open late, noise, traffic, and expensive food; Lynette Koopman, 1790 Selby Avenue, wrote about liquor; Christine Wahlstrom, 1824 Selby Avenue, wrote about liquor, pazking, litter, security, crime; George Scholler, 1747 Selby Avenue, wrote about beer and wine licenses; and Chillon Leach, 1795 Dayton Avenue, wrote about wine and beer, traffic, parking, late night pedestrian problems. Mr. Strathman asked to he�* from people in support of these licenses. Jon and Kathleen Wa.�h, 1829 Dayton Avenue, appeazed. Mr. Wa1sh stated that having a restaurant in the neighborhood will be a benefit. However, he supports the other neighbors in their objections because of co-lege students that cause problems in the neighborhood. The neighbors aze so sensitized to parrying and drinking in the neighborhood with the college students, that whenever the issue of alcohol is brought up, people get upset. People having wine and beer while having dinner, stated Ms. Walsh, aze not ordinarily creating the problems the neighborhood is concerned about. Also, it may be an impairment for Puerta Azul to not provide wine and beer. Parking should not be a problem because Puerta Azul has appro�cimately 12 pazking spots, which is about how many tables they have on the premises. Some businesses in the neighborhood have failed, and Ms. Walsh would like to see this business do well. q9-1�+{� PUERTA AZIJL, 1811 Selby Avenue, 11-15-99 Page 2 Mike Ashton, 1816 Selby Avenue, appeared and stated he lives across the street from Puerta Azul, and Mr. Ashton has a business on the corner. Tlus is an upscale, nice restauraut. Not being able to have a glass of wine or beer would be taking something away. It is not the kind of place where young people will just hang out. It will be good for Mr. Ashton's business also. Florence and James Pappas, 1791 Hague Avenue, appeazed. Ms. Pappas stated this is a quality restaurant and the azea is fortunate to have it. This part of Selby has not been interesting over the yeazs, and does not have the class that Grand Avenue has. This restaurant will help improve the azea. It is the college students houses that cause concem. Taste of Thailand is about two blocks away, they serve wine and/or beer thete, and there has not been a problem in the azea because of that. This restaurant is an improvement, stated Mr. Pappas, and will help the antique stores. Katharine Macey, Pete's Hardwood Floors, 186 Fairniew Avenue North, appeazed and stated she agrees with the testimony that preceded her. The focus at Puerta Azul is on the food. There is no beer counter. It is clearly all geazed towazd a dining experience. The conditions aze not conducive to drinking to excess, parrying, or massive dninkenness. Also, this business will attract the kind of patrons that will also benefit Pete's Hardwood Floors. William Poynton, 1817 Selby Avenue, appeazed and stated he is a landlord of the building and owns a business ne�ct door. The owners have made a contribution into the neighborhood by investing a lot of money into improving the restaurant that is there, and they have signed a long term lease. Puerta Azul is a very small space with a limited number of seats. They aze serious about the food. It has improved the neighborhood, and they have brought a lot of people into the neigliborhood. It is unreasonable to deny them a license to serve a glass of wine or beer. Mr. Strathman stated he received letters in support of the application as follows: Leon and Elaine Oman, 1865 Laurel Avenue; Robert Cazlson, Sweeney Hagerman, Pete Peters, Kadee Macey from Pete's Hazdwood Floors� 12�6 Fairview Avenue North; Angela Mazckel, 115 Fairview Avenue North; John Wacaale, 1847 Selby Avenue; Jon and Kathleen Walsh, 1829 Dayton Avenue; Sherilyn Young, Merriam Pazk Community Counci1,1573 Selby Avenue, Suite 311; and Roger Meyer, Merriam Pazk Con. nunity Council, 1573 Selby Avenue, Suite #311. (Mojtaba Sadr-Panah gave Mr. Strathman a letter in support of the licenses from Jack Otis, 156 Fairview Avenue North.) Mojtaba Sadr-Panah, Manager, appeared and.stated their focus is on the food; beer and wine would be a complement to the food. He had been in business for over a year at another location, and had to move because the building was demolished. There was beer and wine there. That restaurant was surrounded by student housing and maybe 5% of the business came from students who wanted to have a nice meal. However, his focus is not on drawing students to the business. Mr. Panah has been in the restaurant business many yeazs and lrnows how to manage it. GI`t-�\�l� PUERTA AZIJL, 1811 Selby Avenue, 11-15-99 (Mr. Panah gave Mr. Strathman a copy of the menu.) Page 3 Gerry Strathman recommended approval of the license application citutg he understands the neighbors who are in objection; however, the license application is in order. He cannot find a reason to believe the issuance of these licenses would be contrary to the best interests of the City and neighborhood. The meeting was adjoumed at 3:58 p.m. 0 � 3� MIN[7TES OF TF� LBGISLATIVE HEARING Tuesday, November 16, 1999 ' Room 330 City Hall Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 10:00 am. STAFF PRESENT: Steve Magner, Code Enforcement Resolution ordering the owner to remove or repair the building at 666 Orleans Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Steve Magner gave Gerry Strathman photographs; they were returned at the end of the meeting.) Steve Magner reported this building has been vacant since 12-23-97. Six summary abatement notices have been issued to remove refuse, secure the building, and cut tall grass. On 7-28-99, az� inspeciion was conducted and a list of deficiencies which constitute a nuisance was developed. The vacant building fees and real estate taaces are current. The estimated value of the property is $24,700. A code compliance inspection was completed on 3-4-98. The owner posted a bond on 11-12-99 for a six month ea�tension. Mr. Magner would not have a problem granting the owner six months to complete the work. Charlotte Anthonisen, owner, appeared and stated she has permits on file to finish the structure. The project is going forward. Gerry Strathman stated the list of corrections are extensive and asked is the owner co�dent the items can be corrected within six months. Ms. Anthonisen responded yes. Gerry Strathman recommended the owner be given six months to complete the rehabilitation of the property citing the code compliance inspec6on has been completed and a bond has been posted. � Resolution ordering the owner to remove or repair the building at 375 Hawthorne Avenue ' East. If the owner faiis to comply with the resolution, Code Enforcement is ordered to remove the building. (Steve Magner gave Gerry Strathman photographs; they were returned at the end of the meeting.) (No one appeazed representing the property.) Steve Magner reported this property was condemned on 3-4-98 and has been vacant since 6-18-98. There have been six summary abatement notices issued to remove refuse, secure the building, and cut tall grass. An inspection was conducted on 5-13-99 and a list of deficieneies c t� \�`� lo �� . LEGISLATIVE FiEARING MINUTES OF 11-16-99 page 2 which constitute a nuisance was developed. The vacant building fees and reai estate tases aze curtent. The estimated value of the property is $39,700. A code compliance inspection was completed and a$2,000 bond has been posted. There is a new owner and he has contacted Mr. Magner. The owner was informed to be here today. Nonetheless, it woutd be prudent to allow him time to rehabilitate the structure. Gerry Stcathman recommended the owner be given six months to complete the rehabilitation of the properry. Resolution ordering the owner to remove or repair the buffding at 1089 Marshall Avenue. If the owner fails to comply with the resolutiun, Code Enforcement is ordered to remove the building. (Laid over from 10-19-99) (Steve Magner gave Mr. Strathman photograplvs of the buiiding.) Gerry Strathman stated he received a ca11 yesterday from Citizen Service who indicated Benjanun Roberts was there for the hearing; Mr. Roberts was informed the meeting was today. Steve Magner reported he expected Mr. Roberts to be here today. Mr. Magner met with him on 10-29-99 at the properiy. Mr. Roberts indicated he would complete the rehabilitation by 11-15-99. There was a lot of work to be done at that time: electrical, plumbing, installation of cabinets, hardware, fixtures, handrails, removing boazds, repairing windows, replacing windows, installation of a new stairway to the Second Floor. At the previous meeting, Mr. Roberts indicated the building would be ready for occupancy in a few weeks, stated Mr. Strathman. Gerry Strathman recommended approval of the resolution. The meeting was adjoumed at 10:14 a.m. rrn