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99-9990 R 1 G 1 N A L � �� l � I d� Council File # 91 •qg 9 Green Sheet # I � a.�s � RESOLUTION Referred To 3�{ Presented By CIT��( OF SAINT PAUL, MINNESOTA r f)� � 1�� Committee: Date 2 4 5 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 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame dwelling located on property hereinafter referred to as the "Subject Property" and coxnmonly lmown as 559 Lawson Avenue East. This property is legally described as follows, to wit: Lot 14, EXCEPT the West 61 '/z feet thereof, Block 8, Fairview Addition to the City of St. Paul, Minnesota. WHEREAS, based upon the xecords in the Ramsey County Recoxder's Office and information obtained by Division of Code Enforcement on or before November 19, 1998, the following aze the now known interested or responsible parties for the Subject Properiy: H.U.D. Properly Disposition, 220 2" Street South, 2° Floor, Mpls., MN 55401; First Preston, 900 128�' Street West, Ste 202, Burnsville, MN 55337;Peterson, Fram & Bergman, P.A., Attorney Michael T. Oberle, 50 East 5�' Street, Ste 300, St. Paul, MN 55101; Knutson Mortgage Cotp., 3001 Metro Drive, Bloomington, MN 55425 WHEREAS, 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 February 9, 1999; and WHEREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WIIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by March 11, 1999; and WFIEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been coneeted 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 aq-qqq WI-�REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 4 5 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 Council on Tuesday, Octobex 5, 1999 to heaz testimony and evidence, and aftex xeceiving 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 remove 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 structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within after the date of the Council Hearin , rs � K CG rc.o� s g �a� ;3 e� 0.'� a oco bo;.d i s Paz��d b� noa�on F�6. i� aoec' WHEREAS, a hearing was held before the Saint Paul City Counci on We esday, October 13, = 1999 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now thexefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 559 Lawson Avenue East: 1. 2. � � 7 �:� That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Properiy. That an Order to Abate Nuisance Building(s) was sent to the then lrnown responsible parties to conect 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 Properly which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Seivice Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the lmown interested parties and owners are as previously stated in this resolufion and that the nofification requirements of Chapter 45 haue been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties sha11 make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this shucture and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the shucture must be completed within r�°�~�after the date of the Council �f S� X � 6� Ynav��hS Hearing i � ro �:�� q. �,� ooc °s4 �p� e�oonl ceJ � 10 16 3eCG q9-qq9 2 4 5 6 7 8 9 10 11 12 13 2. If the above correcrive 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 struchue, fill the site and charge the costs incurred against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saurt Paul, all personal property or fixt�ues of any kind which interfere with the demolition and removal shall be removed from the properiy by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is finther 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: $Y� � I Q_�. _ Approved b Date By V�"(/(/YVL Citi en Service Office• Code Enfo=cement � Form A roved by City Attorney By: � . � Approved by Mayor � Submission to Council � Adopted by Council: Date ��, apQ Adoption Certified by Council Secretary GREEN SHEET JNTACT PERSON 8 A10NE Warren R. Bostrom 266-8439 UST BE ON COUPICILAGEM]A BY fQ4TE) TOTAL S OF SIGNATURE PAGES oE.�u�rowECraR 9q•9qq No 102?�6 a„��a.�. � mv�namtv ❑ anamt ^ ❑ wwcwa�uc�ssnn ❑ wt�xt.tStaEraacefo �'wv°'�P`w.arr� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) � City Council to pass this resolufion which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the xesolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 559 Lawson Avenue East. PLANNING CAMMISSION CIB CAMMIITEE CNIL SERVICE CAMMISSION lias this P�rm e�erwrketl under a canUa�t far Mis department? YES NO Fies tlxs P�aoNfirm e.er been a cily empbyee? YES NO Does Uws ae�saJGim pweess a sl� nat nomWlYa� bv �Y cuirerrt cdY emPbvee? YES � Ic this pe�sonlfirm a farpMed oentlaYl , . YES P!O This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the 5aint Pau1 Legislafive Code. The owners, interested parfies and responsible parties lmown to the Enforcement Officer were given an order to repair or remove the building at 559 Lawson Avenue East by March 11, 1999, and have failed to comply with those orders. __ _--- The City will eliminate a nuisance. �:4' �t�, i°1� . '�� -«. � ° � �,,,� ��,� ��rr �� 1 �*�:�:y'�'i, �� 7SADVANTAGESIFAPPROVED . 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 contiuue to blight the community. cnrmevaue euocserm �ana.E on� souece Nuisance Housing Abatement INFORMA770N(FXPWt� 6i,�,:r�� CouncE! F�esea�ch Csnter . �, � �,,� ' I ( 1' xo CCI7ZEN SERVICE OFFICE Fred Owaau, City Clerk DMSION OF PROPERTY CODE ENFORCE+g.Nf Warren R Bartrom. Prozram Mana.¢er 99-q�°I CITI' OF SAIN'f PAUL NuuartceBuildingCodeEnforcemen! NornaColeman,Mayor ISW.KelloggBlvdRm.190 Tel: 651-266-8340 Saint Paui,MN55102 Faz:651-26b8426 � September 10, 1999 NOTICE OF PUBLIC HEARINGS � Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to considet a resolution oxdering the repair or removal of the nuisance buIlding(s) located at: 559 Lawson Avenue East The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, October 5, 1999 City Council Hearing - Wednesday, October 13,1999 The owners and responsible parties of record aze: Name and Last Known Address H.U.D. Property Disposition 220 2n Street South, 2° Floor Mpls., MN 55401, Interest Fee Owner/Tax Payer First Preston 900 128�' Street West Ste 202 Bumsville, NIlV 55337, Peterson, Fram & Bergman, P.A. Attomey Michael T. Oberle 50 East 5�' Street, Ste 300 St. Paul, MN 55101 Knutson Mortgage CorQ. 3001 Metro Drive Bloomin�on, MN 55425 Interested Party Attomey for Assi�ee of Mortga�e Interested Party (for tax statements) 559 Lawson Avenue East September 10, 1999 Page 2 The legal description of this property is: Lot 14, EXCEPT the West 61 %z feet thereof, Block 8, Fairview Addition to the City of St. Paul, Minnesota. °I9•9°l9 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� the def ciencies or by razing and removing this building(s). 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 responsibie 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 incuzred against the real estate as a special assessment to be collected in the same manner as taxes. .�� 1/f . i �� " Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Mazshall Paul Mordorski, PED-Housing Division �mPn �/9- �yq ��•��r Date: January 4, 2000 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Resolurion ordering the owner to remove or repair the building at 559 Lawson Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 10-5-99) Gerry Strathman recommended the owner be given six months to rehabilitate the building if a$2,000 bond is posted by noon of February 16, 2000. 2. 1763 Thomas Avenue; Richard Brown. (Laid over from 12-7-99) (The abatement order is withdrawn, the property is in compliance.) rrn 9 -�I- y 9� NffNT TTES OF TF� LEGISLATIVE HEARING Tuesday, January 4, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to arder at 10:00 a.m. STAFF PRESENT: Steve Magner, Code Enforcement; Guy Willits, Code Enforcement Resolution ordering the owner to remove or repair the buitding at 559 Lawson Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 10-5-99) Gerry Strathman stated this issue was laid over from a hearing conducted on October 5, 1999. Pat Olawsky, 4707 Heather Ridge Road, and Rich Lemcke, 900 W. 128�` Street, Burnsville, said the following: This is a government owned properry. There is a buyer. The property has a purchase agreement dated December 9, 1999, and the ciosing will be the end of January. It is either a cash purchase or a conventional loan. $500 non refundable earnest money will be forfeited if the owner does not close on the properiy. The closing has to be done by January 29, 2000. The owner will rehabilitate the building and knows the property will be purchased as is. Mr. Strathman stated his proposal will be to haue the new owner post a bond and get a code compliance inspection by February 3, 2000, in order to do the rehabilitation. Steve Magner suggested the buyer be allowed two additional weeks after closing. The properiy already has a code compliance inspection. The buyer would need to get pernuts and should be fully aware of the requirements so there is not a request for additional time. The vacant building fee will be due at closing. Gerry Strathman recommended the owner be given six months to rehabilitate the building if a $2,000 bond is posted by noon of February 16, 2000. 1763 Thomas Avenue; Richard Brown. (Laid over &om 12-7-99) Guy Willits reported the owner was told he did not have to appear today. The exterior starage is in compliance. (The abatement order is withdrawn, the properry is in compliance.) The meeting was adjourned at 10:06 a.m. rrn �, ... REPORT Date: October 5, 1999 Tnne: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer i. 1707 Jefferson Avenue; Christopher and Carol Jorgensen. (S5A9901A) (Per City Council meeting of 9-22-99) Gerry Strathman recommended reducing the assessment to $1,500 plus the $40 service fee, which brings the assessment to a total of $1,540. 2. 430 Case �`.venue; Richard and Audrey Russ. (J9905A1) (Per City Cou�cil meeting of 9-22-99) Gerry Strathman recommended approval of the assessment. 3. Summary Abatements: File J9904V Towing of abandoned vehicies during Aprii and May 1999; File J9906A Pr:,perty ciean-up or grass cutting during July 1999; File J9906B Boarding-up of vacant properties durittg June 1999; File J9906C Demolition of vacant buildings during July 1999. 631 Thomas Avenue (J9906A) Gerry Strathman recommended approval of the assessment. 1834 Maryland Avenue East (J9906B) Gerry Strathma� recommended laying over to the November 2, 1999, Legislative Hearing. 875 Palace Avenue (J9904V) Gerry Strathman r� .ommended reducing the assessment to $202.50 plus the $40 service fee, which brings the assessment to a total of $242.50. 531 Edmund Avenue (J9904V) Gerry Strathman recommended approval of the assessment. 1885 Seventh Street East (J9904V} Gerry Strathman recommended reducing the assessment to $335 plus the $65 service fee, which brings the assessment to a total of $400. qq- 9q°i LEGISLATTVE HEARING REPORT OF 10-5-99 Page 2 1895 Ma¢nolia Avenue East (J9906A) Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing. 917 Euclid Street (J9906A) Gerry Strathman recommended laying over to the October 19, 1994, Legislative Hearing. 559 McKni¢ht Road South (J94�4V) Gerry Strathman recommended deleting the assessment. 4. Summary Abatements: File J9907A Property clean-up or grass cutting during the last week of July and during August 1999; File J9907B Boarding up of vacant buildings during July 1999; File J9907C Demolition of vacant buildings for September 1999; File J99GRASS Grass cutting by contractor during July through mid August 1999. 81 Winnipee Avenue (J9907B) Gerry Strathman recommended approval of the assessment. 270 Seventh Street West (J9907C) Gerry Strathman recommc :_le approval of the assessment. 1183 Arkwright Street (J9907A) Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing. 1199 Ross Avenue (J9907A) Gerry Strathman recommended approval of the assessment. 5. Resolution ordering the na� -�r to remove or repair the building at 559 Lawson Avenue East. If the ow8r e fails to comply with the resolution, Code Enforcement is ordered to remove the . �tilding. Gerry Strathman recommended .aying over to the January 4, 2000, Legislative Hearing. 6. Resolution ordering the owner to remove or repair the building at 851 Magnolia Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman recommended approval. � MINLTTES OF TE� LEGISLATIVE HEARING Tuesday, October 5, 1999 Room 330 Courthouse Gerry StratUman, Legislative Hearing Officer The meeting was called to order at 10:03 am. �� . STAFF PRESENT: Roxanne Fiink, Real Estate; Peter Gallagher, Public VJorks-Sewer Utility; Steve Magner, Code Enforcement; Guy Willits, Code Enforcement 1707 Jefferson Avenue; Christopher and Carol Jorgensen. (SSA9901A) (Per City Council meeting of 9-22-99) Christopher Jorgensen, owner, appeazed. Approximately two years ago, a hole developed in the boulevazd next to the street. An inspector said he found some rat pilings in the bottom of the hole. Mr. Jorgensen paid Cazlson Sewer Company $1,850 to fix the problem. Mr. Jorgensen had his sewer photographed, and there were no breaks in his sewer line. The next sununer, there was another hole in the same spot. Mr. Jorgensen called the Ciry again. The street and the sewer line were dug up. Instead of using the pre-cut holes in the main, it was found that someone chopped a hole 2 to 3 times bigger than what was needed in the connection. That is where the rats were coming from. Mr. Jorgensen's sewer service was fine. The pipe replaced was the middle section of the sewer line, a part that was not broken at a11. He got assessed $7,57233 for the work that was done by the second contractor. It would not have been so expensive, but the street restoration chazges doubled the biil. Cazlson Sewer Company replaced about 15 feet of pipe from a foot behind the properry line to the edge of the pavement. Peter Galiagher reported there was a fog test done on 9-25-97 which showed positive for rat infestation at the site. His question would be why 15 feet of pipe was replaced the fust time. Code Enforcement got a contractor to do the work. Sewer maintenance televised the main and determined the pipe had not been put in one of the manufactured y's in the pipe, tapped into the main, mortared with brick and concrete, and it appeazs the pipe had fallen one joint off--about two feet--back from the main. If Mr. Gallagher feels it was a problem on the main, that is a judgement ca11. Mr. Jorgensen stated everyone was amazed how lazge the hole was in the main. It was an improper insulation. He does not understand why a precut hole was not used. A person does not cut a hole larger than what is needed to connect another pipe. Gerry Strathman asked when this connection was made. Mr. Gallagher responded 192Q. Mr. Strathman stated in 1920 when the original connection was made, in all likelihood the connection was not done correctly at the main. Over the years, that connection deteriorated, and gradually became lazge enough that rats went through it, and hence there is a problem. The question is where does the responsibility for that lie. Mr. Strathman asked when an installation is �� LEGISLATIVE HEARING MINiTTES OF 10-5-99 " Page 2 being done, does the City have any role in this. Mr. Gallagher responded the City provides the records of where things are located. The policy is the company should be using premanufactured openings to take the cover off. However, they aze given the option for attaclung to the main in other fashions instead of chopping holes. Does the City inspect the work, asked Mr. Strathman. Mr. Gallagher responded the work is inspected in an open trench. He could not say 100% of the work was seen in 1920. Gerry Strathman reduced the assessment to $1,500 plus the $40 service fee, wluch brings the assessment to a total of $1,540. From the legal position, it is the homeowner's responsibility. However, there is some question as to whether the City has some culpability going back 79 years in allowing this connection to be done in an improper fashion. It seems the homeowner has acted in a reasonable and responsible way, and was consulting with City officials. It seems extraordinarily burdensome to have the homeowner face $1,850 plus an additional assessment of $7,500 for a mistake made by someone 79 years ago. 430 Case Avenue; Richard and Audrey Russ. (J9905A1) (Per City Council meeting of 9-22-99) Dorothy Kullney, accountant for Richard and Audrey Russ, appeazed. The owners were sent a bill for clean up. She was not sure what was on the properiy at the time. 5ince then, Ms. Kullney has cleaned the property. (A videotape was shown.) Mr. Strathman stated it looks like the City mowed the lawn, cut down the trees, and picked up debris. Ms. Kullney responded the boys said they took caze of this, but it looks like they didn't. Gerry Strathman recommended approval of the assessment. Summary Abatements: File J9904V Towing of abandoned vehicles during April and May 1999; File J9906A Property clean-up or grass cutting during July 1999; - File J9406B Boarding-up of vacant properties during June 1999; File J9906C Demolition of vacant buildings during July 1999. File J9907A Property clean-up or grass cutting during the last week of July and during August 1999; File J9907B Boarding up of vacant buildings during July 1999; k'ile J9907C Demolition of vacant buildings during September 1999; Ffle J99GRASS Grass cutting by contractor during July through mid August 1999. �� l t�] LECsISLATIVE HEARING MINUTES OF 10-5-99 631 Thomas Avenue (J9906A1 Allan Ige, owner, appeared. (A videotape was shown.) Page 3 Mr. Ige stated there was a blue caz in the videotape. They are suppose to notify him to take caze of the vehicle. Guy Willits reported orders were mailed on 7-1-99 to Mazk Pierce on 4 Street, Alan Ige on Laurel, and the occupant. The door was posted. No mail has been returned to his office. His records show that the property owner called and asked for an extension of time to take caze of the problem. Mr, Ige responded he does not know who called. Code Enforcement should have written down the name of that person. Gerry Strathman recommended approval of the assessment citing he cannot find any fault. The records show that owners were notified, the properry was posted, and an extension of time given. Code Enforcement is required to mail to the legal address of the owner of the properties. In this case, they posted the property and even gave an e�rtension. It seems the City did more than what was required. 81 Winnipeg Avenue (J9907B) No one appeazed representing the property. Gerry Strathman recommended approval of the assessment. 270 Seventh Street West (J9907C) Janie Berg, speaking on behalf of the owner, appeazed and stated this property has been in front of the Council and legislative hearings for 15 yeazs. The Bergs have initiated for the demolition of this building. They aze pleased that it is no longer standing. However, it was a surQrise to the Bergs that a motion was made by Councilmember Coleman that there would be a hearing on July 6 as to whether the building would be repaired or demolished. The Bergs were unawaze that this action was being taken, and no one called them to say that an assessment of the properry was needed. An azchitectural firm was hired to give an account of the situation. Had anybody nofified the properry owners, this $3,115,71 assessment could have been eliminated because this already was done in 1990 at the request of the City. Gerry Strathxnan asked did that report include the cost of rehabilitation. Ms. Berg responded yes. Steve Magner reported the issue is the assessment of two things: the azchitectural report for $2,060 and the asbestos report of $1,055.77. He will touch on the asbestos report first. In the �� . LEGISLATIVE HEARING MINUTES OF 10-5-99 Page 4 process of going to demolition they needed a hard cost figure of the demolition costs. That was only obtainable through having the building surveyed because bids were from $10,000 to $50,000 to demolish this building. It was prudent to spend this money so the demolition contractors could come up with the actual cost. At the time of public hearings, Code Enforcement wanted to give the City Council information they would require to make their decision. This was not an ordinary building to teat down. The asbestos was more extensive than first noted. Even though the owner did the demolition, the owner would have been required to have the asbestos report done. The report was given to the owner so they could have their own contractor do the work. Steve Magner reported the second issue is the azchitectural report. A letter was received from David Berg. (Mr. Magner read this letter.) The letter indicated Mr. Berg was aware that this was being worked on. Mr. Berg called Mr. Magner periodically that things were not happening fast enough. After the building deficiettcy inspection report was compiled, a re-use study of the building needed to be done by a historical architect, which would show the condition of the building, the historical content, whether it could be restored historically, and whether the cost would over exceed that amount. Mr. Magner contacted a number of firms, and there was only one response. Code Enforcement contracted with that firm to have a report done, and that was the report that was used for the public hearings. Mr. Strathman asked the date of that report. Mr. Magner responded the invoice date is 5-26-99. He has no knowiedge of the report referred to by Ms. Berg. With regazd to the asbestos, Mr. Strathman stated, it is reasonable for the Ciry to incur that cost as part of preparing for action on this properry in respect to demolition. The owner received the value of that report which they would have had to do anyway. With regard to the assessment of the historical significance of the properiy, that was essential and called for by the State to make the proper assessment of the lustorical significance of this building. It was not just figuring out the cost of rehabilitating it, but also whether it could be rehabilitated. It is cleaz &om the letter Mr. Magner read, Mr. Berg was aware that the City was actively engaged in assessing this properry. IIe could have offered the 1990 report if he had wanted to. Even if he had, it would have been nine yeazs old, and the condition of the building may have changed in nine yeazs. It would not have been prudent for the City to rely on an assessment done nine years ago. Gerry Stratlunan recommended approval of the assessment. 1834 Maryland Avenue East (J9906B) Gerry Strathman recommended laying over to the November 2, 1999, Legislative Hearing per the owner's request. �� 1 LEGISLATIVE HEARING MINLITES OF 10-5-99 1183 Arkwrieht Street (J9907A) Page 5 Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing per the owner's request. � Resolution ordering the owner to remove or repair the building at 559 Lawson Avenue East. If the owner faiLs to comply with the resolution, Code Enforcement is ordered to remove the building. (Photographs were shown and later returned to Steve Magner.) The following appeazed: Pat Olowsky, First Preston, Rich Lemcke, FND (Housing and Urban Development). Steve Magner reported this building was condemned on 9-30-98 and has been vacant since 9-28- 98. The current owner is HIJD. It is being managed by the local contractor, First Preston. Two siunmary abatement notices have been issued to remove refuse and cut tall grass. On 1-27-98 an inspection was conducted, and a list of deficiencies were found that constitute a nuisance condition as developed. As of this date, the property remains in the same condition. Vacant building fees are due. Real estates taxes aze paid. T'he mazket value is appro�cimately $38,300. A bond has not been posted. Mr. Olowsky stated there is a purchase agreement on the property, and he requested a postponement. Mr. Strathman asked were there any active problems with this property. Mr. Magner responded there have been some issues with the building being broken into. FND has attempted to keep it secure. Mr. Magner suggested any new owners be notified of all the requirements as follows: a $2,000 performance bond would need to be posted, pernuts obtained, and the $200 vacant building fee paid at time of closing. Gerry Strathman recommended laying over to the January 4, 2000, Legislative Hearing. Resolution ordering the owner to remove or repair the building at 851 Magnolia Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared representing the property.) (Photographs were shown.) Steve Magner reported this property was condemned on 10-15-97. Two summary abatement notices have been issued to remove refuse and cut tall grass. The vacant building fees are paid. ��-� `t� LEGISLATIVE HEARING MINUTES OF 10-5-99 Page 6 Real estate taYes are paid. A code compliance inspection was done. A$2,000 bond has not been posted. The property has been sold on an unrecorded contract. The contract purchaser had made attempts to do things on the property, but has since let the building be stagnant. Gerry Strathman recommended approval of the resolurion. 875 Palace Avenue (J9904� Cazolyn Madison got a car for her son. He worked on it and installed new parts, but the cost got way out of hand. The caz was never moved. Parts were taken off of it for another vehicle. Then she received a certified letter that it was towed. She works two jobs and cannot afford this assessment. Mr. Strathman stated six orders were mailed to Ms. Madison. Ms. Madison responded she got at least two of those. The caz was not abandoned. Gerry Strathman recommended reducing the assessment to $202.50 plus the $40 service fee, which brings the assessment to a total of $242.50. 531 Edmund Avenue (39904V) Linda Moua, 531 Edmund Avenue, appeared and stated she rents the house, and this involves her husband's car. According to the records, stated Mr. Strathman, a notice was sent on 3-3-99 to Vue Lee Leenhiawe and it was posted on the door. The caz was not removed until two months later. Mr. Willits reported the vehicles were posted, orders were never returned, and there were no phone calls from the property owner. Gerry Strathman recommended approval of the assessment. 1885 Seventh Street East (J9904V) Owner appeared and stated these aze not his cars. Gerry Strathman responded it is the owner of the property that is assessed. The owner responded he became the owner 1%2 years ago. When something is bought contract of deed, it sometimes gets lost in the paperwork. If he had velucles to tow, he would tow it himself. Mr. Strathman stated Donald Johnson is recorded as the owner of the properiy and he is the one the notices were sent to. Roxanne Flink reported George Lowe is recorded as the owner. Gerry Strathtnan recommended reducing the assessment to $335 plus the $65 service fee, which brings the assessment to a total of $400. ��-� t � LEGISLATIVE HEARING REPORT OF 10-5-99 1895 Maenolia Avenue East (J9906A) Page 7 The following appeazed: Holly Zschokke, former owner, Floyd, realtor who sold the properry. Guy Willits reported he does not have the videotape with him because this properry was not scheduled for today. Ms. Zschokke stated she closed on the property on 8-4-99. The notice was received in early July. Cleanup was done by that time. Floyd said he talked to the buyer about this. Personal items were removed: lawn mowers, freezer, tools, and equipment Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing in order to view the videotape. 917 Euclid Street (J9906A) Floyd (from the previous address) stated he would like to see the videotape on this address as well. Getry Stratlunan recommended laying over to the October 19, 1999, Legislative Hearing in order to view the videotape. S59 McKnieht Road South (J9904V) Leonard Anderson owner, and Win Borden, his attorney, appeared. Mr. Borden stated this assessment is appazently for an additional vehicle that was towed and not included in the previous assessment for this address. This vehicle was properly licensed. There was damage done to the vehicle when it was towed and in storage. They are asking for the assessment of $1,072.80 to be set aside. Roxanne Flink reported she has two buses listed in her records. Mr. Borden responded it may be labeled as a bus, but it is a trailer and licensed as such with a license number of T8699F. Gerry Strathman recommended deleting the assessment for the following two reasons: 1) there is already a assessment of approximately $12,000 pending on this properiy, 2) the attorney claims the assessment for these vehicles is included in the eazlier assessment. 1199 Ross Avenue (J9907A) Donald Conroy, owner, appeazed Gerry Strathman stated orders were mailed on 2-23-99 to the owner's address in Oakdale. The order was to remove improperly stored refuse. Mr. Willits reported the owner was also called. �� LEGISLATIVE HEARII3G REPORT OF 10-5-99 (Mr. VJillits presented photograph to ivir. Conroy.) Page 8 Gerry Strathman recommended approval citing the $145 seems reasonable and is lower than usual for an assessment. The meeting was adjoumed at 11:48 a.m. rrn 0 R 1 G 1 N A L � �� l � I d� Council File # 91 •qg 9 Green Sheet # I � a.�s � RESOLUTION Referred To 3�{ Presented By CIT��( OF SAINT PAUL, MINNESOTA r f)� � 1�� Committee: Date 2 4 5 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 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame dwelling located on property hereinafter referred to as the "Subject Property" and coxnmonly lmown as 559 Lawson Avenue East. This property is legally described as follows, to wit: Lot 14, EXCEPT the West 61 '/z feet thereof, Block 8, Fairview Addition to the City of St. Paul, Minnesota. WHEREAS, based upon the xecords in the Ramsey County Recoxder's Office and information obtained by Division of Code Enforcement on or before November 19, 1998, the following aze the now known interested or responsible parties for the Subject Properiy: H.U.D. Properly Disposition, 220 2" Street South, 2° Floor, Mpls., MN 55401; First Preston, 900 128�' Street West, Ste 202, Burnsville, MN 55337;Peterson, Fram & Bergman, P.A., Attorney Michael T. Oberle, 50 East 5�' Street, Ste 300, St. Paul, MN 55101; Knutson Mortgage Cotp., 3001 Metro Drive, Bloomington, MN 55425 WHEREAS, 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 February 9, 1999; and WHEREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WIIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by March 11, 1999; and WFIEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been coneeted 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 aq-qqq WI-�REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 4 5 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 Council on Tuesday, Octobex 5, 1999 to heaz testimony and evidence, and aftex xeceiving 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 remove 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 structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within after the date of the Council Hearin , rs � K CG rc.o� s g �a� ;3 e� 0.'� a oco bo;.d i s Paz��d b� noa�on F�6. i� aoec' WHEREAS, a hearing was held before the Saint Paul City Counci on We esday, October 13, = 1999 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now thexefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 559 Lawson Avenue East: 1. 2. � � 7 �:� That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Properiy. That an Order to Abate Nuisance Building(s) was sent to the then lrnown responsible parties to conect 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 Properly which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Seivice Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the lmown interested parties and owners are as previously stated in this resolufion and that the nofification requirements of Chapter 45 haue been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties sha11 make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this shucture and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the shucture must be completed within r�°�~�after the date of the Council �f S� X � 6� Ynav��hS Hearing i � ro �:�� q. �,� ooc °s4 �p� e�oonl ceJ � 10 16 3eCG q9-qq9 2 4 5 6 7 8 9 10 11 12 13 2. If the above correcrive 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 struchue, fill the site and charge the costs incurred against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saurt Paul, all personal property or fixt�ues of any kind which interfere with the demolition and removal shall be removed from the properiy by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is finther 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: $Y� � I Q_�. _ Approved b Date By V�"(/(/YVL Citi en Service Office• Code Enfo=cement � Form A roved by City Attorney By: � . � Approved by Mayor � Submission to Council � Adopted by Council: Date ��, apQ Adoption Certified by Council Secretary GREEN SHEET JNTACT PERSON 8 A10NE Warren R. Bostrom 266-8439 UST BE ON COUPICILAGEM]A BY fQ4TE) TOTAL S OF SIGNATURE PAGES oE.�u�rowECraR 9q•9qq No 102?�6 a„��a.�. � mv�namtv ❑ anamt ^ ❑ wwcwa�uc�ssnn ❑ wt�xt.tStaEraacefo �'wv°'�P`w.arr� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) � City Council to pass this resolufion which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the xesolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 559 Lawson Avenue East. PLANNING CAMMISSION CIB CAMMIITEE CNIL SERVICE CAMMISSION lias this P�rm e�erwrketl under a canUa�t far Mis department? YES NO Fies tlxs P�aoNfirm e.er been a cily empbyee? YES NO Does Uws ae�saJGim pweess a sl� nat nomWlYa� bv �Y cuirerrt cdY emPbvee? YES � Ic this pe�sonlfirm a farpMed oentlaYl , . YES P!O This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the 5aint Pau1 Legislafive Code. The owners, interested parfies and responsible parties lmown to the Enforcement Officer were given an order to repair or remove the building at 559 Lawson Avenue East by March 11, 1999, and have failed to comply with those orders. __ _--- The City will eliminate a nuisance. �:4' �t�, i°1� . '�� -«. � ° � �,,,� ��,� ��rr �� 1 �*�:�:y'�'i, �� 7SADVANTAGESIFAPPROVED . 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 contiuue to blight the community. cnrmevaue euocserm �ana.E on� souece Nuisance Housing Abatement INFORMA770N(FXPWt� 6i,�,:r�� CouncE! F�esea�ch Csnter . �, � �,,� ' I ( 1' xo CCI7ZEN SERVICE OFFICE Fred Owaau, City Clerk DMSION OF PROPERTY CODE ENFORCE+g.Nf Warren R Bartrom. Prozram Mana.¢er 99-q�°I CITI' OF SAIN'f PAUL NuuartceBuildingCodeEnforcemen! NornaColeman,Mayor ISW.KelloggBlvdRm.190 Tel: 651-266-8340 Saint Paui,MN55102 Faz:651-26b8426 � September 10, 1999 NOTICE OF PUBLIC HEARINGS � Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to considet a resolution oxdering the repair or removal of the nuisance buIlding(s) located at: 559 Lawson Avenue East The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, October 5, 1999 City Council Hearing - Wednesday, October 13,1999 The owners and responsible parties of record aze: Name and Last Known Address H.U.D. Property Disposition 220 2n Street South, 2° Floor Mpls., MN 55401, Interest Fee Owner/Tax Payer First Preston 900 128�' Street West Ste 202 Bumsville, NIlV 55337, Peterson, Fram & Bergman, P.A. Attomey Michael T. Oberle 50 East 5�' Street, Ste 300 St. Paul, MN 55101 Knutson Mortgage CorQ. 3001 Metro Drive Bloomin�on, MN 55425 Interested Party Attomey for Assi�ee of Mortga�e Interested Party (for tax statements) 559 Lawson Avenue East September 10, 1999 Page 2 The legal description of this property is: Lot 14, EXCEPT the West 61 %z feet thereof, Block 8, Fairview Addition to the City of St. Paul, Minnesota. °I9•9°l9 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� the def ciencies or by razing and removing this building(s). 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 responsibie 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 incuzred against the real estate as a special assessment to be collected in the same manner as taxes. .�� 1/f . i �� " Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Mazshall Paul Mordorski, PED-Housing Division �mPn �/9- �yq ��•��r Date: January 4, 2000 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Resolurion ordering the owner to remove or repair the building at 559 Lawson Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 10-5-99) Gerry Strathman recommended the owner be given six months to rehabilitate the building if a$2,000 bond is posted by noon of February 16, 2000. 2. 1763 Thomas Avenue; Richard Brown. (Laid over from 12-7-99) (The abatement order is withdrawn, the property is in compliance.) rrn 9 -�I- y 9� NffNT TTES OF TF� LEGISLATIVE HEARING Tuesday, January 4, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to arder at 10:00 a.m. STAFF PRESENT: Steve Magner, Code Enforcement; Guy Willits, Code Enforcement Resolution ordering the owner to remove or repair the buitding at 559 Lawson Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 10-5-99) Gerry Strathman stated this issue was laid over from a hearing conducted on October 5, 1999. Pat Olawsky, 4707 Heather Ridge Road, and Rich Lemcke, 900 W. 128�` Street, Burnsville, said the following: This is a government owned properry. There is a buyer. The property has a purchase agreement dated December 9, 1999, and the ciosing will be the end of January. It is either a cash purchase or a conventional loan. $500 non refundable earnest money will be forfeited if the owner does not close on the properiy. The closing has to be done by January 29, 2000. The owner will rehabilitate the building and knows the property will be purchased as is. Mr. Strathman stated his proposal will be to haue the new owner post a bond and get a code compliance inspection by February 3, 2000, in order to do the rehabilitation. Steve Magner suggested the buyer be allowed two additional weeks after closing. The properiy already has a code compliance inspection. The buyer would need to get pernuts and should be fully aware of the requirements so there is not a request for additional time. The vacant building fee will be due at closing. Gerry Strathman recommended the owner be given six months to rehabilitate the building if a $2,000 bond is posted by noon of February 16, 2000. 1763 Thomas Avenue; Richard Brown. (Laid over &om 12-7-99) Guy Willits reported the owner was told he did not have to appear today. The exterior starage is in compliance. (The abatement order is withdrawn, the properry is in compliance.) The meeting was adjourned at 10:06 a.m. rrn �, ... REPORT Date: October 5, 1999 Tnne: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer i. 1707 Jefferson Avenue; Christopher and Carol Jorgensen. (S5A9901A) (Per City Council meeting of 9-22-99) Gerry Strathman recommended reducing the assessment to $1,500 plus the $40 service fee, which brings the assessment to a total of $1,540. 2. 430 Case �`.venue; Richard and Audrey Russ. (J9905A1) (Per City Cou�cil meeting of 9-22-99) Gerry Strathman recommended approval of the assessment. 3. Summary Abatements: File J9904V Towing of abandoned vehicies during Aprii and May 1999; File J9906A Pr:,perty ciean-up or grass cutting during July 1999; File J9906B Boarding-up of vacant properties durittg June 1999; File J9906C Demolition of vacant buildings during July 1999. 631 Thomas Avenue (J9906A) Gerry Strathman recommended approval of the assessment. 1834 Maryland Avenue East (J9906B) Gerry Strathma� recommended laying over to the November 2, 1999, Legislative Hearing. 875 Palace Avenue (J9904V) Gerry Strathman r� .ommended reducing the assessment to $202.50 plus the $40 service fee, which brings the assessment to a total of $242.50. 531 Edmund Avenue (J9904V) Gerry Strathman recommended approval of the assessment. 1885 Seventh Street East (J9904V} Gerry Strathman recommended reducing the assessment to $335 plus the $65 service fee, which brings the assessment to a total of $400. qq- 9q°i LEGISLATTVE HEARING REPORT OF 10-5-99 Page 2 1895 Ma¢nolia Avenue East (J9906A) Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing. 917 Euclid Street (J9906A) Gerry Strathman recommended laying over to the October 19, 1994, Legislative Hearing. 559 McKni¢ht Road South (J94�4V) Gerry Strathman recommended deleting the assessment. 4. Summary Abatements: File J9907A Property clean-up or grass cutting during the last week of July and during August 1999; File J9907B Boarding up of vacant buildings during July 1999; File J9907C Demolition of vacant buildings for September 1999; File J99GRASS Grass cutting by contractor during July through mid August 1999. 81 Winnipee Avenue (J9907B) Gerry Strathman recommended approval of the assessment. 270 Seventh Street West (J9907C) Gerry Strathman recommc :_le approval of the assessment. 1183 Arkwright Street (J9907A) Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing. 1199 Ross Avenue (J9907A) Gerry Strathman recommended approval of the assessment. 5. Resolution ordering the na� -�r to remove or repair the building at 559 Lawson Avenue East. If the ow8r e fails to comply with the resolution, Code Enforcement is ordered to remove the . �tilding. Gerry Strathman recommended .aying over to the January 4, 2000, Legislative Hearing. 6. Resolution ordering the owner to remove or repair the building at 851 Magnolia Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman recommended approval. � MINLTTES OF TE� LEGISLATIVE HEARING Tuesday, October 5, 1999 Room 330 Courthouse Gerry StratUman, Legislative Hearing Officer The meeting was called to order at 10:03 am. �� . STAFF PRESENT: Roxanne Fiink, Real Estate; Peter Gallagher, Public VJorks-Sewer Utility; Steve Magner, Code Enforcement; Guy Willits, Code Enforcement 1707 Jefferson Avenue; Christopher and Carol Jorgensen. (SSA9901A) (Per City Council meeting of 9-22-99) Christopher Jorgensen, owner, appeazed. Approximately two years ago, a hole developed in the boulevazd next to the street. An inspector said he found some rat pilings in the bottom of the hole. Mr. Jorgensen paid Cazlson Sewer Company $1,850 to fix the problem. Mr. Jorgensen had his sewer photographed, and there were no breaks in his sewer line. The next sununer, there was another hole in the same spot. Mr. Jorgensen called the Ciry again. The street and the sewer line were dug up. Instead of using the pre-cut holes in the main, it was found that someone chopped a hole 2 to 3 times bigger than what was needed in the connection. That is where the rats were coming from. Mr. Jorgensen's sewer service was fine. The pipe replaced was the middle section of the sewer line, a part that was not broken at a11. He got assessed $7,57233 for the work that was done by the second contractor. It would not have been so expensive, but the street restoration chazges doubled the biil. Cazlson Sewer Company replaced about 15 feet of pipe from a foot behind the properry line to the edge of the pavement. Peter Galiagher reported there was a fog test done on 9-25-97 which showed positive for rat infestation at the site. His question would be why 15 feet of pipe was replaced the fust time. Code Enforcement got a contractor to do the work. Sewer maintenance televised the main and determined the pipe had not been put in one of the manufactured y's in the pipe, tapped into the main, mortared with brick and concrete, and it appeazs the pipe had fallen one joint off--about two feet--back from the main. If Mr. Gallagher feels it was a problem on the main, that is a judgement ca11. Mr. Jorgensen stated everyone was amazed how lazge the hole was in the main. It was an improper insulation. He does not understand why a precut hole was not used. A person does not cut a hole larger than what is needed to connect another pipe. Gerry Strathman asked when this connection was made. Mr. Gallagher responded 192Q. Mr. Strathman stated in 1920 when the original connection was made, in all likelihood the connection was not done correctly at the main. Over the years, that connection deteriorated, and gradually became lazge enough that rats went through it, and hence there is a problem. The question is where does the responsibility for that lie. Mr. Strathman asked when an installation is �� LEGISLATIVE HEARING MINiTTES OF 10-5-99 " Page 2 being done, does the City have any role in this. Mr. Gallagher responded the City provides the records of where things are located. The policy is the company should be using premanufactured openings to take the cover off. However, they aze given the option for attaclung to the main in other fashions instead of chopping holes. Does the City inspect the work, asked Mr. Strathman. Mr. Gallagher responded the work is inspected in an open trench. He could not say 100% of the work was seen in 1920. Gerry Strathman reduced the assessment to $1,500 plus the $40 service fee, wluch brings the assessment to a total of $1,540. From the legal position, it is the homeowner's responsibility. However, there is some question as to whether the City has some culpability going back 79 years in allowing this connection to be done in an improper fashion. It seems the homeowner has acted in a reasonable and responsible way, and was consulting with City officials. It seems extraordinarily burdensome to have the homeowner face $1,850 plus an additional assessment of $7,500 for a mistake made by someone 79 years ago. 430 Case Avenue; Richard and Audrey Russ. (J9905A1) (Per City Council meeting of 9-22-99) Dorothy Kullney, accountant for Richard and Audrey Russ, appeazed. The owners were sent a bill for clean up. She was not sure what was on the properiy at the time. 5ince then, Ms. Kullney has cleaned the property. (A videotape was shown.) Mr. Strathman stated it looks like the City mowed the lawn, cut down the trees, and picked up debris. Ms. Kullney responded the boys said they took caze of this, but it looks like they didn't. Gerry Strathman recommended approval of the assessment. Summary Abatements: File J9904V Towing of abandoned vehicles during April and May 1999; File J9906A Property clean-up or grass cutting during July 1999; - File J9406B Boarding-up of vacant properties during June 1999; File J9906C Demolition of vacant buildings during July 1999. File J9907A Property clean-up or grass cutting during the last week of July and during August 1999; File J9907B Boarding up of vacant buildings during July 1999; k'ile J9907C Demolition of vacant buildings during September 1999; Ffle J99GRASS Grass cutting by contractor during July through mid August 1999. �� l t�] LECsISLATIVE HEARING MINUTES OF 10-5-99 631 Thomas Avenue (J9906A1 Allan Ige, owner, appeared. (A videotape was shown.) Page 3 Mr. Ige stated there was a blue caz in the videotape. They are suppose to notify him to take caze of the vehicle. Guy Willits reported orders were mailed on 7-1-99 to Mazk Pierce on 4 Street, Alan Ige on Laurel, and the occupant. The door was posted. No mail has been returned to his office. His records show that the property owner called and asked for an extension of time to take caze of the problem. Mr, Ige responded he does not know who called. Code Enforcement should have written down the name of that person. Gerry Strathman recommended approval of the assessment citing he cannot find any fault. The records show that owners were notified, the properry was posted, and an extension of time given. Code Enforcement is required to mail to the legal address of the owner of the properties. In this case, they posted the property and even gave an e�rtension. It seems the City did more than what was required. 81 Winnipeg Avenue (J9907B) No one appeazed representing the property. Gerry Strathman recommended approval of the assessment. 270 Seventh Street West (J9907C) Janie Berg, speaking on behalf of the owner, appeazed and stated this property has been in front of the Council and legislative hearings for 15 yeazs. The Bergs have initiated for the demolition of this building. They aze pleased that it is no longer standing. However, it was a surQrise to the Bergs that a motion was made by Councilmember Coleman that there would be a hearing on July 6 as to whether the building would be repaired or demolished. The Bergs were unawaze that this action was being taken, and no one called them to say that an assessment of the properry was needed. An azchitectural firm was hired to give an account of the situation. Had anybody nofified the properry owners, this $3,115,71 assessment could have been eliminated because this already was done in 1990 at the request of the City. Gerry Strathxnan asked did that report include the cost of rehabilitation. Ms. Berg responded yes. Steve Magner reported the issue is the assessment of two things: the azchitectural report for $2,060 and the asbestos report of $1,055.77. He will touch on the asbestos report first. In the �� . LEGISLATIVE HEARING MINUTES OF 10-5-99 Page 4 process of going to demolition they needed a hard cost figure of the demolition costs. That was only obtainable through having the building surveyed because bids were from $10,000 to $50,000 to demolish this building. It was prudent to spend this money so the demolition contractors could come up with the actual cost. At the time of public hearings, Code Enforcement wanted to give the City Council information they would require to make their decision. This was not an ordinary building to teat down. The asbestos was more extensive than first noted. Even though the owner did the demolition, the owner would have been required to have the asbestos report done. The report was given to the owner so they could have their own contractor do the work. Steve Magner reported the second issue is the azchitectural report. A letter was received from David Berg. (Mr. Magner read this letter.) The letter indicated Mr. Berg was aware that this was being worked on. Mr. Berg called Mr. Magner periodically that things were not happening fast enough. After the building deficiettcy inspection report was compiled, a re-use study of the building needed to be done by a historical architect, which would show the condition of the building, the historical content, whether it could be restored historically, and whether the cost would over exceed that amount. Mr. Magner contacted a number of firms, and there was only one response. Code Enforcement contracted with that firm to have a report done, and that was the report that was used for the public hearings. Mr. Strathman asked the date of that report. Mr. Magner responded the invoice date is 5-26-99. He has no knowiedge of the report referred to by Ms. Berg. With regazd to the asbestos, Mr. Strathman stated, it is reasonable for the Ciry to incur that cost as part of preparing for action on this properry in respect to demolition. The owner received the value of that report which they would have had to do anyway. With regard to the assessment of the historical significance of the properiy, that was essential and called for by the State to make the proper assessment of the lustorical significance of this building. It was not just figuring out the cost of rehabilitating it, but also whether it could be rehabilitated. It is cleaz &om the letter Mr. Magner read, Mr. Berg was aware that the City was actively engaged in assessing this properry. IIe could have offered the 1990 report if he had wanted to. Even if he had, it would have been nine yeazs old, and the condition of the building may have changed in nine yeazs. It would not have been prudent for the City to rely on an assessment done nine years ago. Gerry Stratlunan recommended approval of the assessment. 1834 Maryland Avenue East (J9906B) Gerry Strathman recommended laying over to the November 2, 1999, Legislative Hearing per the owner's request. �� 1 LEGISLATIVE HEARING MINLITES OF 10-5-99 1183 Arkwrieht Street (J9907A) Page 5 Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing per the owner's request. � Resolution ordering the owner to remove or repair the building at 559 Lawson Avenue East. If the owner faiLs to comply with the resolution, Code Enforcement is ordered to remove the building. (Photographs were shown and later returned to Steve Magner.) The following appeazed: Pat Olowsky, First Preston, Rich Lemcke, FND (Housing and Urban Development). Steve Magner reported this building was condemned on 9-30-98 and has been vacant since 9-28- 98. The current owner is HIJD. It is being managed by the local contractor, First Preston. Two siunmary abatement notices have been issued to remove refuse and cut tall grass. On 1-27-98 an inspection was conducted, and a list of deficiencies were found that constitute a nuisance condition as developed. As of this date, the property remains in the same condition. Vacant building fees are due. Real estates taxes aze paid. T'he mazket value is appro�cimately $38,300. A bond has not been posted. Mr. Olowsky stated there is a purchase agreement on the property, and he requested a postponement. Mr. Strathman asked were there any active problems with this property. Mr. Magner responded there have been some issues with the building being broken into. FND has attempted to keep it secure. Mr. Magner suggested any new owners be notified of all the requirements as follows: a $2,000 performance bond would need to be posted, pernuts obtained, and the $200 vacant building fee paid at time of closing. Gerry Strathman recommended laying over to the January 4, 2000, Legislative Hearing. Resolution ordering the owner to remove or repair the building at 851 Magnolia Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared representing the property.) (Photographs were shown.) Steve Magner reported this property was condemned on 10-15-97. Two summary abatement notices have been issued to remove refuse and cut tall grass. The vacant building fees are paid. ��-� `t� LEGISLATIVE HEARING MINUTES OF 10-5-99 Page 6 Real estate taYes are paid. A code compliance inspection was done. A$2,000 bond has not been posted. The property has been sold on an unrecorded contract. The contract purchaser had made attempts to do things on the property, but has since let the building be stagnant. Gerry Strathman recommended approval of the resolurion. 875 Palace Avenue (J9904� Cazolyn Madison got a car for her son. He worked on it and installed new parts, but the cost got way out of hand. The caz was never moved. Parts were taken off of it for another vehicle. Then she received a certified letter that it was towed. She works two jobs and cannot afford this assessment. Mr. Strathman stated six orders were mailed to Ms. Madison. Ms. Madison responded she got at least two of those. The caz was not abandoned. Gerry Strathman recommended reducing the assessment to $202.50 plus the $40 service fee, which brings the assessment to a total of $242.50. 531 Edmund Avenue (39904V) Linda Moua, 531 Edmund Avenue, appeared and stated she rents the house, and this involves her husband's car. According to the records, stated Mr. Strathman, a notice was sent on 3-3-99 to Vue Lee Leenhiawe and it was posted on the door. The caz was not removed until two months later. Mr. Willits reported the vehicles were posted, orders were never returned, and there were no phone calls from the property owner. Gerry Strathman recommended approval of the assessment. 1885 Seventh Street East (J9904V) Owner appeared and stated these aze not his cars. Gerry Strathman responded it is the owner of the property that is assessed. The owner responded he became the owner 1%2 years ago. When something is bought contract of deed, it sometimes gets lost in the paperwork. If he had velucles to tow, he would tow it himself. Mr. Strathman stated Donald Johnson is recorded as the owner of the properiy and he is the one the notices were sent to. Roxanne Flink reported George Lowe is recorded as the owner. Gerry Strathtnan recommended reducing the assessment to $335 plus the $65 service fee, which brings the assessment to a total of $400. ��-� t � LEGISLATIVE HEARING REPORT OF 10-5-99 1895 Maenolia Avenue East (J9906A) Page 7 The following appeazed: Holly Zschokke, former owner, Floyd, realtor who sold the properry. Guy Willits reported he does not have the videotape with him because this properry was not scheduled for today. Ms. Zschokke stated she closed on the property on 8-4-99. The notice was received in early July. Cleanup was done by that time. Floyd said he talked to the buyer about this. Personal items were removed: lawn mowers, freezer, tools, and equipment Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing in order to view the videotape. 917 Euclid Street (J9906A) Floyd (from the previous address) stated he would like to see the videotape on this address as well. Getry Stratlunan recommended laying over to the October 19, 1999, Legislative Hearing in order to view the videotape. S59 McKnieht Road South (J9904V) Leonard Anderson owner, and Win Borden, his attorney, appeared. Mr. Borden stated this assessment is appazently for an additional vehicle that was towed and not included in the previous assessment for this address. This vehicle was properly licensed. There was damage done to the vehicle when it was towed and in storage. They are asking for the assessment of $1,072.80 to be set aside. Roxanne Flink reported she has two buses listed in her records. Mr. Borden responded it may be labeled as a bus, but it is a trailer and licensed as such with a license number of T8699F. Gerry Strathman recommended deleting the assessment for the following two reasons: 1) there is already a assessment of approximately $12,000 pending on this properiy, 2) the attorney claims the assessment for these vehicles is included in the eazlier assessment. 1199 Ross Avenue (J9907A) Donald Conroy, owner, appeazed Gerry Strathman stated orders were mailed on 2-23-99 to the owner's address in Oakdale. The order was to remove improperly stored refuse. Mr. Willits reported the owner was also called. �� LEGISLATIVE HEARII3G REPORT OF 10-5-99 (Mr. VJillits presented photograph to ivir. Conroy.) Page 8 Gerry Strathman recommended approval citing the $145 seems reasonable and is lower than usual for an assessment. The meeting was adjoumed at 11:48 a.m. rrn 0 R 1 G 1 N A L � �� l � I d� Council File # 91 •qg 9 Green Sheet # I � a.�s � RESOLUTION Referred To 3�{ Presented By CIT��( OF SAINT PAUL, MINNESOTA r f)� � 1�� Committee: Date 2 4 5 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 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame dwelling located on property hereinafter referred to as the "Subject Property" and coxnmonly lmown as 559 Lawson Avenue East. This property is legally described as follows, to wit: Lot 14, EXCEPT the West 61 '/z feet thereof, Block 8, Fairview Addition to the City of St. Paul, Minnesota. WHEREAS, based upon the xecords in the Ramsey County Recoxder's Office and information obtained by Division of Code Enforcement on or before November 19, 1998, the following aze the now known interested or responsible parties for the Subject Properiy: H.U.D. Properly Disposition, 220 2" Street South, 2° Floor, Mpls., MN 55401; First Preston, 900 128�' Street West, Ste 202, Burnsville, MN 55337;Peterson, Fram & Bergman, P.A., Attorney Michael T. Oberle, 50 East 5�' Street, Ste 300, St. Paul, MN 55101; Knutson Mortgage Cotp., 3001 Metro Drive, Bloomington, MN 55425 WHEREAS, 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 February 9, 1999; and WHEREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WIIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by March 11, 1999; and WFIEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been coneeted 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 aq-qqq WI-�REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 4 5 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 Council on Tuesday, Octobex 5, 1999 to heaz testimony and evidence, and aftex xeceiving 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 remove 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 structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within after the date of the Council Hearin , rs � K CG rc.o� s g �a� ;3 e� 0.'� a oco bo;.d i s Paz��d b� noa�on F�6. i� aoec' WHEREAS, a hearing was held before the Saint Paul City Counci on We esday, October 13, = 1999 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now thexefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 559 Lawson Avenue East: 1. 2. � � 7 �:� That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Properiy. That an Order to Abate Nuisance Building(s) was sent to the then lrnown responsible parties to conect 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 Properly which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Seivice Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the lmown interested parties and owners are as previously stated in this resolufion and that the nofification requirements of Chapter 45 haue been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties sha11 make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the community by rehabilitating this shucture and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the shucture must be completed within r�°�~�after the date of the Council �f S� X � 6� Ynav��hS Hearing i � ro �:�� q. �,� ooc °s4 �p� e�oonl ceJ � 10 16 3eCG q9-qq9 2 4 5 6 7 8 9 10 11 12 13 2. If the above correcrive 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 struchue, fill the site and charge the costs incurred against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saurt Paul, all personal property or fixt�ues of any kind which interfere with the demolition and removal shall be removed from the properiy by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is finther 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: $Y� � I Q_�. _ Approved b Date By V�"(/(/YVL Citi en Service Office• Code Enfo=cement � Form A roved by City Attorney By: � . � Approved by Mayor � Submission to Council � Adopted by Council: Date ��, apQ Adoption Certified by Council Secretary GREEN SHEET JNTACT PERSON 8 A10NE Warren R. Bostrom 266-8439 UST BE ON COUPICILAGEM]A BY fQ4TE) TOTAL S OF SIGNATURE PAGES oE.�u�rowECraR 9q•9qq No 102?�6 a„��a.�. � mv�namtv ❑ anamt ^ ❑ wwcwa�uc�ssnn ❑ wt�xt.tStaEraacefo �'wv°'�P`w.arr� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) � City Council to pass this resolufion which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the xesolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject property is located at 559 Lawson Avenue East. PLANNING CAMMISSION CIB CAMMIITEE CNIL SERVICE CAMMISSION lias this P�rm e�erwrketl under a canUa�t far Mis department? YES NO Fies tlxs P�aoNfirm e.er been a cily empbyee? YES NO Does Uws ae�saJGim pweess a sl� nat nomWlYa� bv �Y cuirerrt cdY emPbvee? YES � Ic this pe�sonlfirm a farpMed oentlaYl , . YES P!O This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the 5aint Pau1 Legislafive Code. The owners, interested parfies and responsible parties lmown to the Enforcement Officer were given an order to repair or remove the building at 559 Lawson Avenue East by March 11, 1999, and have failed to comply with those orders. __ _--- The City will eliminate a nuisance. �:4' �t�, i°1� . '�� -«. � ° � �,,,� ��,� ��rr �� 1 �*�:�:y'�'i, �� 7SADVANTAGESIFAPPROVED . 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 contiuue to blight the community. cnrmevaue euocserm �ana.E on� souece Nuisance Housing Abatement INFORMA770N(FXPWt� 6i,�,:r�� CouncE! F�esea�ch Csnter . �, � �,,� ' I ( 1' xo CCI7ZEN SERVICE OFFICE Fred Owaau, City Clerk DMSION OF PROPERTY CODE ENFORCE+g.Nf Warren R Bartrom. Prozram Mana.¢er 99-q�°I CITI' OF SAIN'f PAUL NuuartceBuildingCodeEnforcemen! NornaColeman,Mayor ISW.KelloggBlvdRm.190 Tel: 651-266-8340 Saint Paui,MN55102 Faz:651-26b8426 � September 10, 1999 NOTICE OF PUBLIC HEARINGS � Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to considet a resolution oxdering the repair or removal of the nuisance buIlding(s) located at: 559 Lawson Avenue East The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, October 5, 1999 City Council Hearing - Wednesday, October 13,1999 The owners and responsible parties of record aze: Name and Last Known Address H.U.D. Property Disposition 220 2n Street South, 2° Floor Mpls., MN 55401, Interest Fee Owner/Tax Payer First Preston 900 128�' Street West Ste 202 Bumsville, NIlV 55337, Peterson, Fram & Bergman, P.A. Attomey Michael T. Oberle 50 East 5�' Street, Ste 300 St. Paul, MN 55101 Knutson Mortgage CorQ. 3001 Metro Drive Bloomin�on, MN 55425 Interested Party Attomey for Assi�ee of Mortga�e Interested Party (for tax statements) 559 Lawson Avenue East September 10, 1999 Page 2 The legal description of this property is: Lot 14, EXCEPT the West 61 %z feet thereof, Block 8, Fairview Addition to the City of St. Paul, Minnesota. °I9•9°l9 Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then known responsible parties to eliminate this nuisance condition by correctin� the def ciencies or by razing and removing this building(s). 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 responsibie 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 incuzred against the real estate as a special assessment to be collected in the same manner as taxes. .�� 1/f . i �� " Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Building Inspection and Design Rachel Young, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Mazshall Paul Mordorski, PED-Housing Division �mPn �/9- �yq ��•��r Date: January 4, 2000 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Resolurion ordering the owner to remove or repair the building at 559 Lawson Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 10-5-99) Gerry Strathman recommended the owner be given six months to rehabilitate the building if a$2,000 bond is posted by noon of February 16, 2000. 2. 1763 Thomas Avenue; Richard Brown. (Laid over from 12-7-99) (The abatement order is withdrawn, the property is in compliance.) rrn 9 -�I- y 9� NffNT TTES OF TF� LEGISLATIVE HEARING Tuesday, January 4, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to arder at 10:00 a.m. STAFF PRESENT: Steve Magner, Code Enforcement; Guy Willits, Code Enforcement Resolution ordering the owner to remove or repair the buitding at 559 Lawson Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 10-5-99) Gerry Strathman stated this issue was laid over from a hearing conducted on October 5, 1999. Pat Olawsky, 4707 Heather Ridge Road, and Rich Lemcke, 900 W. 128�` Street, Burnsville, said the following: This is a government owned properry. There is a buyer. The property has a purchase agreement dated December 9, 1999, and the ciosing will be the end of January. It is either a cash purchase or a conventional loan. $500 non refundable earnest money will be forfeited if the owner does not close on the properiy. The closing has to be done by January 29, 2000. The owner will rehabilitate the building and knows the property will be purchased as is. Mr. Strathman stated his proposal will be to haue the new owner post a bond and get a code compliance inspection by February 3, 2000, in order to do the rehabilitation. Steve Magner suggested the buyer be allowed two additional weeks after closing. The properiy already has a code compliance inspection. The buyer would need to get pernuts and should be fully aware of the requirements so there is not a request for additional time. The vacant building fee will be due at closing. Gerry Strathman recommended the owner be given six months to rehabilitate the building if a $2,000 bond is posted by noon of February 16, 2000. 1763 Thomas Avenue; Richard Brown. (Laid over &om 12-7-99) Guy Willits reported the owner was told he did not have to appear today. The exterior starage is in compliance. (The abatement order is withdrawn, the properry is in compliance.) The meeting was adjourned at 10:06 a.m. rrn �, ... REPORT Date: October 5, 1999 Tnne: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer i. 1707 Jefferson Avenue; Christopher and Carol Jorgensen. (S5A9901A) (Per City Council meeting of 9-22-99) Gerry Strathman recommended reducing the assessment to $1,500 plus the $40 service fee, which brings the assessment to a total of $1,540. 2. 430 Case �`.venue; Richard and Audrey Russ. (J9905A1) (Per City Cou�cil meeting of 9-22-99) Gerry Strathman recommended approval of the assessment. 3. Summary Abatements: File J9904V Towing of abandoned vehicies during Aprii and May 1999; File J9906A Pr:,perty ciean-up or grass cutting during July 1999; File J9906B Boarding-up of vacant properties durittg June 1999; File J9906C Demolition of vacant buildings during July 1999. 631 Thomas Avenue (J9906A) Gerry Strathman recommended approval of the assessment. 1834 Maryland Avenue East (J9906B) Gerry Strathma� recommended laying over to the November 2, 1999, Legislative Hearing. 875 Palace Avenue (J9904V) Gerry Strathman r� .ommended reducing the assessment to $202.50 plus the $40 service fee, which brings the assessment to a total of $242.50. 531 Edmund Avenue (J9904V) Gerry Strathman recommended approval of the assessment. 1885 Seventh Street East (J9904V} Gerry Strathman recommended reducing the assessment to $335 plus the $65 service fee, which brings the assessment to a total of $400. qq- 9q°i LEGISLATTVE HEARING REPORT OF 10-5-99 Page 2 1895 Ma¢nolia Avenue East (J9906A) Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing. 917 Euclid Street (J9906A) Gerry Strathman recommended laying over to the October 19, 1994, Legislative Hearing. 559 McKni¢ht Road South (J94�4V) Gerry Strathman recommended deleting the assessment. 4. Summary Abatements: File J9907A Property clean-up or grass cutting during the last week of July and during August 1999; File J9907B Boarding up of vacant buildings during July 1999; File J9907C Demolition of vacant buildings for September 1999; File J99GRASS Grass cutting by contractor during July through mid August 1999. 81 Winnipee Avenue (J9907B) Gerry Strathman recommended approval of the assessment. 270 Seventh Street West (J9907C) Gerry Strathman recommc :_le approval of the assessment. 1183 Arkwright Street (J9907A) Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing. 1199 Ross Avenue (J9907A) Gerry Strathman recommended approval of the assessment. 5. Resolution ordering the na� -�r to remove or repair the building at 559 Lawson Avenue East. If the ow8r e fails to comply with the resolution, Code Enforcement is ordered to remove the . �tilding. Gerry Strathman recommended .aying over to the January 4, 2000, Legislative Hearing. 6. Resolution ordering the owner to remove or repair the building at 851 Magnolia Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Gerry Strathman recommended approval. � MINLTTES OF TE� LEGISLATIVE HEARING Tuesday, October 5, 1999 Room 330 Courthouse Gerry StratUman, Legislative Hearing Officer The meeting was called to order at 10:03 am. �� . STAFF PRESENT: Roxanne Fiink, Real Estate; Peter Gallagher, Public VJorks-Sewer Utility; Steve Magner, Code Enforcement; Guy Willits, Code Enforcement 1707 Jefferson Avenue; Christopher and Carol Jorgensen. (SSA9901A) (Per City Council meeting of 9-22-99) Christopher Jorgensen, owner, appeazed. Approximately two years ago, a hole developed in the boulevazd next to the street. An inspector said he found some rat pilings in the bottom of the hole. Mr. Jorgensen paid Cazlson Sewer Company $1,850 to fix the problem. Mr. Jorgensen had his sewer photographed, and there were no breaks in his sewer line. The next sununer, there was another hole in the same spot. Mr. Jorgensen called the Ciry again. The street and the sewer line were dug up. Instead of using the pre-cut holes in the main, it was found that someone chopped a hole 2 to 3 times bigger than what was needed in the connection. That is where the rats were coming from. Mr. Jorgensen's sewer service was fine. The pipe replaced was the middle section of the sewer line, a part that was not broken at a11. He got assessed $7,57233 for the work that was done by the second contractor. It would not have been so expensive, but the street restoration chazges doubled the biil. Cazlson Sewer Company replaced about 15 feet of pipe from a foot behind the properry line to the edge of the pavement. Peter Galiagher reported there was a fog test done on 9-25-97 which showed positive for rat infestation at the site. His question would be why 15 feet of pipe was replaced the fust time. Code Enforcement got a contractor to do the work. Sewer maintenance televised the main and determined the pipe had not been put in one of the manufactured y's in the pipe, tapped into the main, mortared with brick and concrete, and it appeazs the pipe had fallen one joint off--about two feet--back from the main. If Mr. Gallagher feels it was a problem on the main, that is a judgement ca11. Mr. Jorgensen stated everyone was amazed how lazge the hole was in the main. It was an improper insulation. He does not understand why a precut hole was not used. A person does not cut a hole larger than what is needed to connect another pipe. Gerry Strathman asked when this connection was made. Mr. Gallagher responded 192Q. Mr. Strathman stated in 1920 when the original connection was made, in all likelihood the connection was not done correctly at the main. Over the years, that connection deteriorated, and gradually became lazge enough that rats went through it, and hence there is a problem. The question is where does the responsibility for that lie. Mr. Strathman asked when an installation is �� LEGISLATIVE HEARING MINiTTES OF 10-5-99 " Page 2 being done, does the City have any role in this. Mr. Gallagher responded the City provides the records of where things are located. The policy is the company should be using premanufactured openings to take the cover off. However, they aze given the option for attaclung to the main in other fashions instead of chopping holes. Does the City inspect the work, asked Mr. Strathman. Mr. Gallagher responded the work is inspected in an open trench. He could not say 100% of the work was seen in 1920. Gerry Strathman reduced the assessment to $1,500 plus the $40 service fee, wluch brings the assessment to a total of $1,540. From the legal position, it is the homeowner's responsibility. However, there is some question as to whether the City has some culpability going back 79 years in allowing this connection to be done in an improper fashion. It seems the homeowner has acted in a reasonable and responsible way, and was consulting with City officials. It seems extraordinarily burdensome to have the homeowner face $1,850 plus an additional assessment of $7,500 for a mistake made by someone 79 years ago. 430 Case Avenue; Richard and Audrey Russ. (J9905A1) (Per City Council meeting of 9-22-99) Dorothy Kullney, accountant for Richard and Audrey Russ, appeazed. The owners were sent a bill for clean up. She was not sure what was on the properiy at the time. 5ince then, Ms. Kullney has cleaned the property. (A videotape was shown.) Mr. Strathman stated it looks like the City mowed the lawn, cut down the trees, and picked up debris. Ms. Kullney responded the boys said they took caze of this, but it looks like they didn't. Gerry Strathman recommended approval of the assessment. Summary Abatements: File J9904V Towing of abandoned vehicles during April and May 1999; File J9906A Property clean-up or grass cutting during July 1999; - File J9406B Boarding-up of vacant properties during June 1999; File J9906C Demolition of vacant buildings during July 1999. File J9907A Property clean-up or grass cutting during the last week of July and during August 1999; File J9907B Boarding up of vacant buildings during July 1999; k'ile J9907C Demolition of vacant buildings during September 1999; Ffle J99GRASS Grass cutting by contractor during July through mid August 1999. �� l t�] LECsISLATIVE HEARING MINUTES OF 10-5-99 631 Thomas Avenue (J9906A1 Allan Ige, owner, appeared. (A videotape was shown.) Page 3 Mr. Ige stated there was a blue caz in the videotape. They are suppose to notify him to take caze of the vehicle. Guy Willits reported orders were mailed on 7-1-99 to Mazk Pierce on 4 Street, Alan Ige on Laurel, and the occupant. The door was posted. No mail has been returned to his office. His records show that the property owner called and asked for an extension of time to take caze of the problem. Mr, Ige responded he does not know who called. Code Enforcement should have written down the name of that person. Gerry Strathman recommended approval of the assessment citing he cannot find any fault. The records show that owners were notified, the properry was posted, and an extension of time given. Code Enforcement is required to mail to the legal address of the owner of the properties. In this case, they posted the property and even gave an e�rtension. It seems the City did more than what was required. 81 Winnipeg Avenue (J9907B) No one appeazed representing the property. Gerry Strathman recommended approval of the assessment. 270 Seventh Street West (J9907C) Janie Berg, speaking on behalf of the owner, appeazed and stated this property has been in front of the Council and legislative hearings for 15 yeazs. The Bergs have initiated for the demolition of this building. They aze pleased that it is no longer standing. However, it was a surQrise to the Bergs that a motion was made by Councilmember Coleman that there would be a hearing on July 6 as to whether the building would be repaired or demolished. The Bergs were unawaze that this action was being taken, and no one called them to say that an assessment of the properry was needed. An azchitectural firm was hired to give an account of the situation. Had anybody nofified the properry owners, this $3,115,71 assessment could have been eliminated because this already was done in 1990 at the request of the City. Gerry Strathxnan asked did that report include the cost of rehabilitation. Ms. Berg responded yes. Steve Magner reported the issue is the assessment of two things: the azchitectural report for $2,060 and the asbestos report of $1,055.77. He will touch on the asbestos report first. In the �� . LEGISLATIVE HEARING MINUTES OF 10-5-99 Page 4 process of going to demolition they needed a hard cost figure of the demolition costs. That was only obtainable through having the building surveyed because bids were from $10,000 to $50,000 to demolish this building. It was prudent to spend this money so the demolition contractors could come up with the actual cost. At the time of public hearings, Code Enforcement wanted to give the City Council information they would require to make their decision. This was not an ordinary building to teat down. The asbestos was more extensive than first noted. Even though the owner did the demolition, the owner would have been required to have the asbestos report done. The report was given to the owner so they could have their own contractor do the work. Steve Magner reported the second issue is the azchitectural report. A letter was received from David Berg. (Mr. Magner read this letter.) The letter indicated Mr. Berg was aware that this was being worked on. Mr. Berg called Mr. Magner periodically that things were not happening fast enough. After the building deficiettcy inspection report was compiled, a re-use study of the building needed to be done by a historical architect, which would show the condition of the building, the historical content, whether it could be restored historically, and whether the cost would over exceed that amount. Mr. Magner contacted a number of firms, and there was only one response. Code Enforcement contracted with that firm to have a report done, and that was the report that was used for the public hearings. Mr. Strathman asked the date of that report. Mr. Magner responded the invoice date is 5-26-99. He has no knowiedge of the report referred to by Ms. Berg. With regazd to the asbestos, Mr. Strathman stated, it is reasonable for the Ciry to incur that cost as part of preparing for action on this properry in respect to demolition. The owner received the value of that report which they would have had to do anyway. With regard to the assessment of the historical significance of the properiy, that was essential and called for by the State to make the proper assessment of the lustorical significance of this building. It was not just figuring out the cost of rehabilitating it, but also whether it could be rehabilitated. It is cleaz &om the letter Mr. Magner read, Mr. Berg was aware that the City was actively engaged in assessing this properry. IIe could have offered the 1990 report if he had wanted to. Even if he had, it would have been nine yeazs old, and the condition of the building may have changed in nine yeazs. It would not have been prudent for the City to rely on an assessment done nine years ago. Gerry Stratlunan recommended approval of the assessment. 1834 Maryland Avenue East (J9906B) Gerry Strathman recommended laying over to the November 2, 1999, Legislative Hearing per the owner's request. �� 1 LEGISLATIVE HEARING MINLITES OF 10-5-99 1183 Arkwrieht Street (J9907A) Page 5 Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing per the owner's request. � Resolution ordering the owner to remove or repair the building at 559 Lawson Avenue East. If the owner faiLs to comply with the resolution, Code Enforcement is ordered to remove the building. (Photographs were shown and later returned to Steve Magner.) The following appeazed: Pat Olowsky, First Preston, Rich Lemcke, FND (Housing and Urban Development). Steve Magner reported this building was condemned on 9-30-98 and has been vacant since 9-28- 98. The current owner is HIJD. It is being managed by the local contractor, First Preston. Two siunmary abatement notices have been issued to remove refuse and cut tall grass. On 1-27-98 an inspection was conducted, and a list of deficiencies were found that constitute a nuisance condition as developed. As of this date, the property remains in the same condition. Vacant building fees are due. Real estates taxes aze paid. T'he mazket value is appro�cimately $38,300. A bond has not been posted. Mr. Olowsky stated there is a purchase agreement on the property, and he requested a postponement. Mr. Strathman asked were there any active problems with this property. Mr. Magner responded there have been some issues with the building being broken into. FND has attempted to keep it secure. Mr. Magner suggested any new owners be notified of all the requirements as follows: a $2,000 performance bond would need to be posted, pernuts obtained, and the $200 vacant building fee paid at time of closing. Gerry Strathman recommended laying over to the January 4, 2000, Legislative Hearing. Resolution ordering the owner to remove or repair the building at 851 Magnolia Avenue East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (No one appeared representing the property.) (Photographs were shown.) Steve Magner reported this property was condemned on 10-15-97. Two summary abatement notices have been issued to remove refuse and cut tall grass. The vacant building fees are paid. ��-� `t� LEGISLATIVE HEARING MINUTES OF 10-5-99 Page 6 Real estate taYes are paid. A code compliance inspection was done. A$2,000 bond has not been posted. The property has been sold on an unrecorded contract. The contract purchaser had made attempts to do things on the property, but has since let the building be stagnant. Gerry Strathman recommended approval of the resolurion. 875 Palace Avenue (J9904� Cazolyn Madison got a car for her son. He worked on it and installed new parts, but the cost got way out of hand. The caz was never moved. Parts were taken off of it for another vehicle. Then she received a certified letter that it was towed. She works two jobs and cannot afford this assessment. Mr. Strathman stated six orders were mailed to Ms. Madison. Ms. Madison responded she got at least two of those. The caz was not abandoned. Gerry Strathman recommended reducing the assessment to $202.50 plus the $40 service fee, which brings the assessment to a total of $242.50. 531 Edmund Avenue (39904V) Linda Moua, 531 Edmund Avenue, appeared and stated she rents the house, and this involves her husband's car. According to the records, stated Mr. Strathman, a notice was sent on 3-3-99 to Vue Lee Leenhiawe and it was posted on the door. The caz was not removed until two months later. Mr. Willits reported the vehicles were posted, orders were never returned, and there were no phone calls from the property owner. Gerry Strathman recommended approval of the assessment. 1885 Seventh Street East (J9904V) Owner appeared and stated these aze not his cars. Gerry Strathman responded it is the owner of the property that is assessed. The owner responded he became the owner 1%2 years ago. When something is bought contract of deed, it sometimes gets lost in the paperwork. If he had velucles to tow, he would tow it himself. Mr. Strathman stated Donald Johnson is recorded as the owner of the properiy and he is the one the notices were sent to. Roxanne Flink reported George Lowe is recorded as the owner. Gerry Strathtnan recommended reducing the assessment to $335 plus the $65 service fee, which brings the assessment to a total of $400. ��-� t � LEGISLATIVE HEARING REPORT OF 10-5-99 1895 Maenolia Avenue East (J9906A) Page 7 The following appeazed: Holly Zschokke, former owner, Floyd, realtor who sold the properry. Guy Willits reported he does not have the videotape with him because this properry was not scheduled for today. Ms. Zschokke stated she closed on the property on 8-4-99. The notice was received in early July. Cleanup was done by that time. Floyd said he talked to the buyer about this. Personal items were removed: lawn mowers, freezer, tools, and equipment Gerry Strathman recommended laying over to the October 19, 1999, Legislative Hearing in order to view the videotape. 917 Euclid Street (J9906A) Floyd (from the previous address) stated he would like to see the videotape on this address as well. Getry Stratlunan recommended laying over to the October 19, 1999, Legislative Hearing in order to view the videotape. S59 McKnieht Road South (J9904V) Leonard Anderson owner, and Win Borden, his attorney, appeared. Mr. Borden stated this assessment is appazently for an additional vehicle that was towed and not included in the previous assessment for this address. This vehicle was properly licensed. There was damage done to the vehicle when it was towed and in storage. They are asking for the assessment of $1,072.80 to be set aside. Roxanne Flink reported she has two buses listed in her records. Mr. Borden responded it may be labeled as a bus, but it is a trailer and licensed as such with a license number of T8699F. Gerry Strathman recommended deleting the assessment for the following two reasons: 1) there is already a assessment of approximately $12,000 pending on this properiy, 2) the attorney claims the assessment for these vehicles is included in the eazlier assessment. 1199 Ross Avenue (J9907A) Donald Conroy, owner, appeazed Gerry Strathman stated orders were mailed on 2-23-99 to the owner's address in Oakdale. The order was to remove improperly stored refuse. Mr. Willits reported the owner was also called. �� LEGISLATIVE HEARII3G REPORT OF 10-5-99 (Mr. VJillits presented photograph to ivir. Conroy.) Page 8 Gerry Strathman recommended approval citing the $145 seems reasonable and is lower than usual for an assessment. The meeting was adjoumed at 11:48 a.m. rrn