01-1246�':? : . �. `� { ,� \ CouncilFile# o�-�i,yL
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Green Sheet # � 6Z�j ��
Refened To
Presented By
RESOLUTION
CITY OF SA1NT PAUL, MINNESOTA
��
Committee: Date
WIiEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council
to hold public l�earings to consider the advisability and necessity of ordering the repair or wrecking and
removal of a two-story, wood frame, single family dwelling located on property hereinafter referred to as
the "Subject Property" and commonly lrnown as 705 Sims Avenue. This property is legally described as
follows, to wit:
Lot 11, Block 23, Arlington Hills Addition to Saint Paul.
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Division of Code Enforcement on or before July 11, 2001, the following are the now known
interested or responsible parties for the Subject: Dynavest Inc„ P.O. Box 16442, St. Paul, MN 55116;
Dynavest Inc., 2357 Rogers Avenue, Mendota Heights, M1V 55120, Attn: Michael J. Hause; John & Sherri
Ronest, 705 Sims Avenue, St. Paul, MN SS106; Jason Maac Clark, 194 N. McCanons Blvd,
Roseville, MN 55113; Eric Scott Peterson, 1722 Reaney Avenue, St. Pau1, MN 55106; Randi Rae-Ann
Linderman, 705 Sims Avenue, St. Paul, MN 55106
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 September 17 2001; and
WHEREAS, this arder informed the then lrnown interested or responsible parties that the structure
located on the 3ubject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Properiy by October 2, 2001; and
WHEREAS, 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 corrected and Division of Code Enforcement
requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City
Council and the Saint Paul City Council; and
WI�EREAS, the interested and responsible parties have been served notice in accardance with the
provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the
public hearings; and COURT OF APPEALS
NI7MBER C3-02-1846
DOCUINENT #1
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oti -\�.yt�
WFiEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, November 6, 2001 to hear testunony and evidence, and after receiving testvnony 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 altemative by demolishing and removing the stmcture in
accordance witYi all applicable codes and ordinances. The rebabilitation or demolitian of the structure to be
completed within days after the date of e Council Hearing and
�o1+e. r�.��� 1�� t�$'O ��, `• :�a� `4ha V � ' �
WI�REAS, a hearing was held efore the Saint Paul City C�, � � � �, � o� ,
2001 and the testimony and evidence including the acrion taken by the Legislative Hearing Officer was
considered by the Council; now therefoze
BB 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 Properry at 705 Sims Avenue:
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That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
Tbat tbe costs of demolition and temoval of this building(s) is esrimated to exceed three
thousand dollars ($3,000.00).
That there now exists and has existed multiple Housing or Building code violations at the
Subject Property,
That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties
to correct the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition haue not been corrected.
That Division of Code Enforcement has posted a placard on the Subject Property which
declares it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by the Citizen Service Offices, Division of
Code Enforcement, Vacant/Nuisance Buildings.
That the lrnown interested parties and owners are as previously stated in this resolution and
that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
1. The above referenced interested or responsible parties shall 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 rehabilitaring this structure and correcting 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 alternative by demolishing and removing the structure in accordance with all
applicable codes and ardinances. The rehabilitation or demolition and removal of the structure
must be completed within £n+e{3}days after the date of the Council Hearing.
�oAa.�u.t��..� ¢i 5�.� �,\Q'O,
2. If the above corrective action is not complete wi iit�period of tune the Citizen Service Office,
D'avision of Code Enforcement is hereby authorized to take whatever steps are necessary to
demolish and remove this structure, fill the site and charge the costs incurred against the Subject
o�-�a��o
Properry pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code.
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3 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal
4 property or fixtures of any kind which interfere with the demolirion and removal shall be removed
5 from the property by the responsible parties by the end of this time period. If all personal property
6 is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and
7 dispose of such properiy as provided by law.
4. It is further ordered, that a copy of tkus resolution be mailed to the owners and interested parties in
accordance with Chapter 45 of the Saint Paul Legislative Code.
Adopted by Council: Date "��_�'�'� p 1
Adoption Certified by Council Secretary
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' � � • ' � � . � � . ' /'s�f � '�
= //l/ ,. ll �«</
Requested by Department of:
Citizen Service Office; Code Enforcement
r , '� By:
s� ^1
Form Approved by City Attomey
By: �
Approved by Mayor for Submission to Council
:
Division of Code Enforcement
Novennber 28, 2001
10/12/Ol �
TOTAL # OF SIGNATURE PAGES
SHEET
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No i 02357
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Q �..,� �✓ Q m.�
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�.mroRa�.as.,Mn ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
City Council to pass this resolurion which will order the owner(s) to remove or repair the referenced building(s). If
the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ardered
to remove the building. The subject properly is located at 705 Sims Avenue.
PLANNING COMMISSION
CIB COMMITfEE
CiVIL SERVICE COMMISSION
Has mis persoNfirm euarxaked widera cw�6ad tarihie depv6nenl?
vES Mo
FiaB tltie persorJfirm e�a heen a dly empbyee7
YES No
Dcesih� P�� P� 0 s10A not � bf anY curte�R aYY �WdJ��
YES NO
Isthis�rJfxmatarpetetiverWoY) ,
VES NO
,"i7"fi�'"'�i�t� 3�s`�'��'£'Ii��t94ziT�`n'�'j��£'fied in Chapter 45 and a vacant building as defined in Chapter 43 of
the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement
Officer. were given an order to repair or remove the building at 705 Sims Avenue by October 2, 2001, and ha�e
` failed to comply with those orders. --
The City will eliminate a nuisance.
�C� 197U�id
C!l"Y �7'�"pRfVEY
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-� a� � � 2UOf
IISADVANTAGES IF APPR�VED
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property,
collected as a snecial assessment aeainst the roronertv tases.
A nuisance condition will remain unabated in the City. Ttus building(s) will con"tinue to blight the community.
A6lOUNTOFTRANSACiIQNS `a�>vvv - yav�vvv
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AC7NRYNUMBER
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CITIZEN SERVICE OFFICE
Dowld J. Zuna, City Clerk
CTTY OF SAINT' PAUL
R¢ndy Ke/ly, Mayar
December 2, 2002
Mr. Frederick K. Grittner
Clerk of the Appellate Courts
Minnesota Judicial Center
25 Constitution Avenue
Saint Paul, MN 55155
Re: Dynavest Inc., and Michael Haus vs. City of Sai�t Paul
Court of Appeals number: C3-02-1846
Dear Mr. Grittner.
vl �a��
TeL: 651-266-8989
Faz: 651d66-8689
HAND DELIVERED
Enclosed herewith please find an index and originals of the Saint Paul City Council's
record in the above referenced matter. This is the City Council's complete record
and its index. Please note that a transcript of the meeting has not been requested.
By copy of this letter, the index is being sent to Attorneys for Petitioner and
Respondent, together with affidavits of service by Mail.
Sincerely,
. ��V� �
Donald J. Luna
Gity Clerk
cc: Meghan Riley, Assistant City Attorney (index only)
Chad D. Lemmons, Attorney at Law (index only)
170 Ciry Hall
IS W. KelloggBou7evmd
Saint Pau1, Mirmesota 55102
� �� �
AA-ADA-EEO Employer
COURT OF APPEALS NL7MBER:
DOC.
NUMBER
1.
2.
3.
4.
5.
6.
DATE
INDEX OF COIJNCIL FILE (C.F.) O1-1246
11-28-01 Resolution and green sheet ordering the owner to remove or
repair the building at 705 Sims Avenue within five (5) days
from adoption of resolution. (Legislative Hearing Officer
recommends granting the owner six months to complete
rehabilitation provided the vacant building fee is paid by
noon on November 28)
11-6-01 Report of the Legislative Hearing
10-12-01
f[CEIII
I1-28-01
11-28-01
Notice of Public Hearings
Minutes of the Legislative Hearings
Videotape of the 11-28-01 City Council meeting
Suuunary minutes of the 11-28-01 City Council meeting.
�/�a ��
NiJMBER
OF
PAGES
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1 tape
REPORT
b�-i�.`��
Date: November 6, 2001
Time: 10:00 am.
Place: Room 330 City Hall
� 15 VJest Kellogg Boulevazd
LEGISLATIVE HEARING
Gerry Strathman
Legislative Hearing Officer
Resolution ordering the owner to remove or repair the properry at 705 Sims Avenue. If
the owner fails to comply, Code Enforcement is ordered to remove the building.
Legislative Hearing Officer recommends granting the owner six months to complete the
rehabilitation of this property on condition that the vacant building fee is paid by noon of
November 28, 2601.
2. Resolution ordering the owner to remove or repair the property at 531 Ohio Street. If the
owner fails to comply, Code Enforcement is ordered to remove the building.
(Laid over from 10-2-01)
Legislative Hearing Officer recommends approval.
3. Resolution ordering the owner to remove or repair the properiy at 847 Lexington Pazkwav
South. If the owner fails to comply, Code Enforcement is ordered to remove the building.
(Laid over from 9-4-01)
Legislative Hearing Officer recommends approval.
4. Resoiution ordering t�ae o�mer to re�ove or repair the property at 1619 Seventh Street
East. If the owner faiTs to comply, Code Enforcement is ordered to remove the building.
LegisIacive Hearing Officer recoaunends approval.
5. Appeal of summary abatement order for 1539 Blair Avenue.
(Case closed.)
6. Appeal of su.mmary abatement order and vehicle abatement order for 1323 Bush Avenue
I,egistative Hearing Officer recomme�cls denying the appeal.
Appeal of summary abatement order and vehicle abatement order for 1327 Bush Avenue
Legislative Hearing Officer recommends denying the appeal.
�
COURT OF APPEALS
NUMBER C3-02-1846
DOCUMENT #2
�, .
MINNESOTA APPELLATE COURTS
305 Minnesota Judicial Center
25 Rev. Dr. Martin Luther King Jr. Bivd.
St. Paul, MN 55155
(651) 297-1904
98C302001846
Dynavest, Inc., et al., Relators, vs. City
of St. Paul, Respondent. * *
0 / /���
/���.i 1
Rec�1�,�
�
i.1Ty CIER�,
File Location: C5
Received from the appellate courts of the State of Minnesota, the following original
files and exhibits in the above entitfed matter:
N/A
and exhibits (see attached copy of the trial court receipt).
NOTE: When original and copy of transcript are forwarded by the Clerk of the Trial
Court, the copy goes to the Minnesota State Law Library at the conclusion of the
case.
PLEASE SIGN AND RETURN COPY OF RECEIPT
Date:
Court Administrator
Deputy/Assistant
Court Administrator
N/A