01-1264s � �
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Council File # o � - �a �y
Green Sheet # l O 9.3 G 0
RESOLUTION
Presented By
Referred To
CIT1�"�0 SAINT PAUL,
N ��(
MINNESOTA
.:
Committee: Date
1 WI3EREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council
2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecl�ng and
3 removal of a one- story, concrete, block and wood frame structure with a wood frame shed and large utility
4 box located on property hereinafter referred to as the "Subject Properiy" and commonly known as 178
5 Acker Street. This properiy is legally described as follows, to wit:
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Lot 16, Block 8, Edmund Rice's Second Addition to the City of St. Paul.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Division of Code Enforcement on or before July 19, 2001, the following are the now lrnown
interested or responsible parties for the Subj ect Property: Jill Johnson, 965 Marshall Avenue, St. Paul, MN
55104; Richard C. Pfeifer, 785 Cedaz Street Apt. 1, St. Paul, MN 55102
WHEREAS, Division of Code Enforcement has served in accardance with the provisions of
Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance
Building(s)" dated October 8, 2001; and
WHEREAS, this order informed the then known interested or responsible parties that the structure
located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or
demolish the shucture located on the Subject Property by October 23, 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
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
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, November 20, 2001 to hear testimony and evidence, and after receiving testimony and
evidence, made the recommendation to approve the request to order the interested or responsible parties to
make the Subject Properiy 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 struchzre in
accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be
completed within five (5) days after the date of the Council Hearing; and
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WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, December 05,
2001 and the testimony and evidence including the action taken by the Legislative Hearing Officer was
considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced
public hearings, the Saint Paui City Council hereby adopts the following Findings and Order concerning
the Subject Properiy at 178 Acker Street:
l.
2.
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).
3. That there now exists and has existed multiple Housing or Building code violations at the
Subject Properiy.
4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties
to conect the deficiencies ar to demolish and remove the building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
6. That Division of Code Enforcement has posted a placard on the Subject Property which
declares it to be a nuisance condition subject to demolition.
7. That this building has been routinely monitared by the Cirizen Service Offices, Division of
Code Enforcement, Vacant/Nuisance Buildings.
8. 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.
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The Saint Paul City Council hereby makes the following order:
The above referenced interested ar responsible parties shall make the Subj ect 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 and correcting all deficiencies as prescribed in the above
referenced Order to Abate Nuisance Building(s) in accardance with all applicable codes and
ordinances, or in the alternative by demolishing and removing the structure in accordance with all
applicable codes and ordinances. The rehabilitation or demolition and removal of the structure
must be completed within five (5) days after the date of the Council Hearing.
2. If the above corrective action is not completed within this period of time the Citizen Service Office,
Division of Code Enforcement is hereby authorized to take whatever steps are necessary to
demolish and remove this structure, fill the site and charge the costs incurred against the Subject
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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 Saint Paul, all personal
property or fixhues of any kind which interfere with the demolition and removal shall be removed
from the property by the responsible parties by the end of this time period. If a11 personal properiy
is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and
dispose of such property as provided by law.
4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in
accordance with Chapter 45 of the Saint Paul Legislative Code.
Adopted by Council: Date �o,�._ 5. Z op �
Adoption Certified by Council Secretary
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Approved by or: Date p�
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By: �
Requested by Department of:
Citizen Service Office: Code Enforcement
By: R�---�'
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Form Approved by City Attorney
Approved by Mayor for Submission to Council
By ,'f'YL�2
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TOTAL � OF SIGNATUF7E PAGES
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(CLIP ALL LOCATIONS FOR SIGNATURE)
City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s).
If the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enfarcement is
ordered to remove the building. The subject properiy is located at 178 Acker Street.
PLANNING COMMISSION
CIB COMMITTEE �
CIVIL SERVICE COMMISSION
Hes thic P��m everxrorked under a canhaQ far Nie depaAment?
VES NO
Has qHe,PeBOnlfirtn ever h6en a dtY emPloYeel
VES NO
ooes m� oe�san�rm vosse� a�a� ��iro�a er �r w�m o�ry �wmr�'+
rES rro
�s mis pereau�rm a taro�ea veiM«7 , � .
� VES ' NO � ' .
�in all vea a�e�s on seoa2te shee[ antl aCac� M areen sheet �
Tlus building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defiiied iri Chapter 43
of the Saint Paul Legislative Code. The owners, interested parties and responsible paxties, kno�s a the
Enforcemeut Offcer were given an order to repair or remove the building afi 178 Acker Street ybctober 23,
2001, and haue failed to comply with those orders.
�urnrFC ic saoanvm
The City will eluninate a nuisance.
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ClTY �TT(�RNEY
lANTAGES IF APPROVED .
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properiy,
collected as a spe cial asses against the property taxes.
/ANTAGESIFNOTAPPROVED . . . . , . - '
A nuisance condition will remain unabated in the City. This building(s) wili continue to blight the community.
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INFORMATION (EXPWN)
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CITY OF SAIN'f PAUL
Norm Coleman, Mayor
October 26, 2001
CITIZEN SERVICE OFFICE
Fred Owu.u�, Ciry Clerk
DIVISION OF PROPERTY CODE ENFORCEMENT
Michael R. Morehead, Progr¢m Manager 6�� ��, (� {„1
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Nuisance Building CodeEnfarcement
I S W. Kellogg Blvd. Rm. /90 Tel: 65I-266-8440
SaintPau[,MN55l02 Fax:651-266-8426
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 consider a resolution ordering the repair or
removai of the nuisance building(s) located at:
178 Acker Street E^AS 1
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, November 20, 2001
City Council Hearing - Wednesday, December O5, 2001
The owners and responsible parties of record aze:
Name and Last Known Address
Jill Johnson
965 Marshall Avenue
St. Paul, MN 55104
Richard C. Pfeifer
785 Cedar Street Apt. 1
St. Paul, MN 55102
The legal description of this property is:
Interest
Conservator for Fee Owner
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Fee Owner
Lot 16, Block 8, Edmund Rice's Second Addition to the City of St. Paul.
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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
correcting the deficiencies or by razing and removing this building(s). .
178 Acker Street
October 26, 2001
Page 2
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Inasmuch as this Order to Abate has not been complied with the nuisance condition
remains unabated, the community continues to suffer the blighting influence of this
property. It is the recommendation of the Division of Code Enforcement that the City
Council pass a resolution ordering the responsible parties to either repair, or demolish and
remove this building in a timely manner, and failing that, authorize the Division of Code
Enforcement to proceed to demolition and removal, and to assess the costs incurred
a�ainst the real estate as a special assessment to be collected in the same manner as taaces.
Sincerely,
�teve �a�rter
Steve Magner
Vacant Buildings Supervisor
Division of Code Enforcement
Citizen Service Office
SM:mI
cc: Frank Berg, Building Inspection and Design
Meghan Riley, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
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REPORT
Date: November 20, 2001
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Boulevard
LEGISLATIVE HEARING
Gerry Strathman
Legislative Hearing Officer
Resolution ordering the owner to remove or repair the property at 292 Bur,gess Street. If
the owner faiis to comply, Code Enforcement is ordered to remove the building.
Legislative Hearing Officer recommends granting the owner six months to complete the
rehabilitation of the property on condition that a$2,000 bond is posted by noon of
December 5, 2001.
2. Resolution ordering the owner to remove or repair the properiy at 294 Bur¢ess Street. If
the owner fails to comply, Code Enfarcement is ordered to remove the building.
Legislative Hearing Officer recommends granting the owner six months to complete the
rehabilitation of the property on condition that a$2,000 bond is posted by noon of
December 5, 2001.
� 3. Resolution ordering the owner to remove or repair the property at 178 Acker Street East.
If the owner fails to comply, Code Enforcement is ardered to remove the building.
Legislative Hearing Officer recommends approval.
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MINUTES OF TEIE LEGISLATIVE HEARING
Tuesday, November 20, 2001
Room 330 Courthouse
Gerry Strathman, Legislarive Hearing Officer
The meeting was called to order at 10:02 a.m.
STAFF PRESENT: Steve Magner, Code Enforcement
Resolution ordering the owner to remove or repair the property at 292 Burgess Street. If
the owner fails to comply, Code Enforcement is ordered to remove the building.
(Steve Magner submitted photographs.)
Gary Torgerson, 1227 Oldridge Street, Stillwater, appeared and stated they are in the process of
purchasing the property. The closing is tomorrow. The properiy has been registered under his
name, and the code compliance inspection report is done. He is prepared to post the bond and
begin working on the properry within one week.
Steve Magner reported this properiy was condemned on May 2001, and has been vacant since
June 2001. The current owner is Scott Feyen. Seven sutnmary abatement notices have been
issued to remove refuse, secure properiy, and cut tall grass. On August 23, 2001, an inspection
of the building was conducted, a list of deficiencies which consfihxte a nuisance condition was
developed, and photographs were taken. The property remains in a condition which comprises a
nuisance as defined by the legislafive code. The vacant building fees have been paid. Real estate
taxes are unpaid of $1,120. The estimated mazket value of the land is $10,000; estimated market
value of the building, $28,300. A code compliance inspection was done. A bond has not been
posted. The estimated cost to repair is $80,000 to $100,000; estimated cost to demolish, $8,000
to $10,000.
This building is a duplex on a nonconforming site, stated Mr. Magner. According to Don
Wagner (License, Inspections, Environmental Protection), the property may be unfeasible to
rehabilitate based on the repairs needed. If Mr. Torgerson purchased the building, posts a bond,
and obtains permits, Mr. Magner does not have a problem with a 180 day repair order.
Mr. Strathxnan asked if he is aware of the inspection done by the City and the observation from
Mr. Wagner that rehabilitation is not feasible. Mr. Torgerson responded he has experience in
doing code compliances in Saint Paul. In the past two years, he has done about six. He can
rehabilitate this property successfixlly and post the bond.
Gerry Strathman recommends granting the owner six months to rehabilitate tlus building on
condition that a$2,000 bond is posted by noon of December 5, 2001.
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LEGISLATIVE HEARING MINUTES OF NOVEMBER 20, 2001 Page 2
Resolution ordering the owner to remove or repair the property at 294 Burgess Street If
the owner fails to comply, Code Enforcement is ordered to remove the building.
(Steve Magner submitted photographs.)
The following appeared: Thomas J. Rooney, 3260 Rice Street, Litt1e Canada, and John Cazlson,
Cazlson Sewer and Water Company, 921 Westem Avenue North. Mr. Rooney stated he heard
the property was going to be rehabilitated. Mr. Cazlson's company installed a water line and has
a lien against the properiy. They had gone by the property and saw someone working on it. Mr.
Rooney would like the bill paid.
I assume, stated Mr. Strathman, this matter will be settled at the closing. Mr. Torgerson
responded in the affumarive. He has no problem paying Mr. Cazlson what he has coming. Mr.
Rooney stated it would be $4,700.
Steve Magner reported the property was condemned in July 2001. The current owner is Scott
Feyen. There have been two summary abatement notices issued to remove refuse, cut tall gzass,
and secure door. On August 23, 2001, an inspection of the building was conducted, a list of
deficiencies which constitute a nuisance condition was developed, and photographs were talcen.
This properiy remains in a condition which comprises a nuisance as defined by the legislative
code. Real estate taxes are unpaid of $1,319. Tasation has placed an estimated mazket value of
$10,000 on the land and $36,100 on the building. A code compliance inspection was done. A
$2,000 bond has not been posted. The estunated cost to repair is $80,000 to $100,000; estimated
cost to demolish, $10,000 to $12,000.
Mr. Sirathman asked if he was prepared to post the $2,000 bond. Mr. Torgerson responded in
the affirmative.
Gerry Strathman recommended granting the owner six months to rehabilitate this building on
condition that a$2,000 bond is posted by noon of December 5, 2001.
� Resolution ordering the owner to remove or repair the property at 178 Acker Street East.
If the owner fails to comply, Code Enforcement ►s ordered to remove the building.
(No one appeared to represent the property.)
(Steve Magner submitted photographs.)
Steve Magner reported this is a one story, cemenUcement block wood frame structure. It has
been vacant since May 3, 2001. The current owner is Richard Pfeifer, and the conservator is Jill
Johnson, his daughter. Five summary abatement notices have been issued to remove refuse,
secure the building, cut ta11 grass, and remove a vehicle from parking surface. On September 12,
2001, an inspection of the building was conducted, a list of deficiencies which constitute a
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LEGISLATIVE HEARING MINUTES OF NOVEMBER 20, 2001 Page 3
nuisance condition was developed, and photographs were taken. The property remains in a
condition which comprises a nuisance as defined by the legislafive code. The vacant building
fees aze due. Real estate tases aze paid. T�ation has placed an estimated market value of
$3,000 on the property. A code compliance inspection has not been done nor has a bond been
posted. The estisuated cost to repair this structure is $40,000, cost to demolish, $5,000 to $6,000.
According to a cohunnist in the paper, stated Mr. Magner, Mr. Pfeifer purchased two pazcels
from a tax auction and decided he would build a home out of concrete. I3e was living on the
properiy in a shack, which has since been removed. Mr. Pfeifer worked diligently on his
properiy until he suffered an injury. He is now in a care facility. The building has no windows,
added Mr. Strathman.
Gerry Stratlunan recommends approval of the resolution.
The meeting was adjourned at 10:17 a.m.
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