01-1266:.; . . ",.,% `. . I �L.
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Presented By
Refened To
Council File # O 1- l a.LL
Green Sheet # � p a,� � a
RESOLUTION
SAINT PAUL, MINNESOTA
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Committee: Date
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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 duplex and the detached, two-stall, wood frame garage located on
property hereinafter referred to as the "Subject Property" and coxnmonly laiown as 294 Burgess Street.
This properry is legally described as follows, to wit:
Lot 1, Block 1, Atwater Street Addition to the City of St. Paul, Ramsey County, Minn.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Division of Code Enforcement on or before June 29, 2001, the following aze the now lrnown
interested or responsible parties for the Subject Properiy:Scott Feyen, 2125 Highway 13 W, Bumsville,
MN 55337; Gary Targerson, 1227 Oldridge Avenue North, Stillwater, MN 55082; David Johnson,
478 Cleveland Avenue South, St. Paul, MN 55105; Carlson Sewer & Water Co. Inc., 921 Western
Avenue North, St. Paul, MN 55117; Thomas J. Rooney, Rooney & Nelson, Ltd., 8 Pine Tree Drive, Ste.
120, Arden Hills, MN 55112
WI3EREAS, 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 August 31, 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 structure located on the Subject Property by September 17, 2001; and
WHEREAS, the enforcement officer has posted a placazd on the Subject Property declaring this
building(s) to constitute a nuisance condition; subj ect 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 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 five (5) days after the date of the Council Hearing; and
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WI�REAS, a hearing was held before the Saint Paul City Council on Wednesday, December O5,
2001 and the testimony and evidence including the acrion taken by the Legislative Hearing Officer was
considered by the Council; now therefore
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BE IT RESOLVED, that based upon the testnnony 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 294 Burgess Sireet:
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1. That the Subject Properiy comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2. 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 Property.
4. 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).
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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.
8. That the known interested parties and owners are as previously stated in this resolution and
that the notification requirements of Chapter 45 haue been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following arder:
1. The above referenced interested or responsible parties shall make the Subj ect 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 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 siructure 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 conective 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
Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code.
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3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal
property or fixrixres of any kind which interfere with the demolirion and removal shall be removed
from the property by the responsible parties by the end of this time period. If all personal property
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 fiuther 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 �v �
Adoption Certified by Council Secretary
Requested by Department of:
Citizen Service Office; Code Enforcement
By���i��� _
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Form Approved by City Attorney
BY� ��� 1.. F-�-. � BY� 1..�" "(.�c
Approved by Mayor: Date �. '( ��Q9 �
BY� C (� �C�/// !O
Approved by Mayor for Submission to Council
By: �(}'�---
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�� � Division of Code Enforcement
266-8439
:i� acwon er �oa�
December Q5, 200i
10/26/Ol
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
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No 102�62
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(CUP ALL LOCATIONS POR SIGNATURE)
City Council to pass this resolu6on which will order the owner(s) to remove or repair the referenced building(s). If
the owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered
to remove the building. The subject property is located at 294 Burgess Street.
PLANNING CAMMISSION
CIB CAMMITTEE
CIVIL SERVICE COMMISSION , .
t50NAL SERVICE CONTRACTS MUST ANSWER THE FOILOWING (
Has fhis perso�rm evx worked under a wrRract for this depaAment?
YES NO
Hes �hie PNauNfiim ever been a cily employce9
VE3 NO
Does thffi persaNfirm possess a sldll nat namallyposee�ed by any curreM dly employee7
YES NO
Is thin pereoNfirm a tarpeted verMo(t -
YES NO
This building(s) is a nuisance building(s) ag defined 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 294 Burgess Street by September.l7, 2001, and
� haue failed to coinply with those order's.
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The City will eliminate a nuisance.
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collected as a special assessment against the property tases.
71SADVAMAGES IF NOTAPPROVED
A nuisance condition will remain unabated in the City. This building(s) will continue fo blight the community.
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90UNT OF TRANSACTION t
Nuisance Housing Abatement
SOURCE
INFORMATiON (IXPWN)
COST/REVENUEBUDCETED(CIRCLEON�
ACTIVRY NUMBER
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CiTIZEN SERVICE OFFICE
Fred Owusu, City Clerk
DIVISIONOFPROPERTYCODEENFORCEMENT �� �`�"
Michael R. Morekead, Program Manager
C iyY��' OCy1yVy rLyVy, Nu'uanceBuildingCodeEnfortement
Norm Coleman, Mayar IS N. KelloggBlvd. Rm.790
Saint P¢u1, MN 55102
October 26, 2001
NOTICE OF PUBLIC �IEARINGS
Council President and
Members of the City Council
Te[: 657-266-8440
Fax: 65/-266-8426
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Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City
Council schedule pubiic hearin�s to consider a resolution ordering the repair or removal of the
nuisance building(s) located at:
294 Burgess Street
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 are:
Name and Last Known Address
Scott Feyen
2125 Highway 13 W
Burnsville, MN 55337
Carlson Sewer & Water Co. Inc.
921 Western AvenueNorth
St. Paul, MN 55117
Thomas J. Rooney
Rooney & Nelson, Ltd.
8 Pine Tree Drive, Ste. 120
Arden Hills, MN 55112
Gary Torgerson
1227 Oldridge Avenue North
Stillwater, MN 55082
David Johnson
478 Clevelantl Avenue South
- St. Paul, MN 55105.
Interest
Fee Owner
Mechanic's Lienholder
Attorney for Carlson Sewer
Interested Party
Interested Party
294 Burgess Street
October 26, 2001
Page 2
The legal description of this property is:
Lot 1, Biock 1, Atwater Street Addition to the City of St Paul, Ramsey County,
Miuu.
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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 razina 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 properiy. It is the
recommendation of the Division of Code Enforcement that the City Council pass a resolution
ordering the responsible parties to either repair, or demolish and remove this building in a timely
manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition
and removal, and to assess the costs incurred against the real estate as a special assessment to be
collected in the same manner as taaces.
Sincerely,
�teve �a�ner
Steve Magner
Vacant Buildings Supervisor
Division of Code Enforcement
- Citizen Service Office
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cc: Frank Berg, Building Inspection and Design
Meghan Riley, City Attomeys Office
Nancy Anderson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
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REPORT
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LEGISLATIVE HEARING
Date: November 20, 2001
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Boulevazd
Gerry Strathman
Legislative Hearing Officer
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.
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.
Resolution ordering the owner to remove or repair the property at 294 Bureess 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 properry on condition that a$2,000 bond is posted by noon of
December 5, 2001.
Resolution ordering the owner to remove or repair the properiy at 178 Acker Street East.
If the owner fails to comply, Code Enforcement is ordered to remove the building.
Legislative Hearing Officer recommends approval.
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MINUTES OF THE LEGISLATIVE HEARING
Tuesday, November 20, 2001
Room 330 Courthouse
Gerry Strathman, Legislafive Hearing Officer
The meeting was called to order at 10:02 am.
STAFF PRESENT: Steve Magner, Code Enforcement
Resolation ordering the owner to remove or repair the property at 292 Bureess 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, appeazed and stated they are in the process of
purchasing the properry. The closing is tomorrow. T'he properry has been registered under his
name, and the code compliance inspecrion report is done. He is prepazed to post the bond and
begin working on the property within one week.
Steve Magner reported this property was condemned on May 2001, and has been vacant since
June 2001. The current owner is Scott Feyen. Seven summary abatement notices have been
issued to remove refuse, secure property, and cut tall grass. 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 taken. The properry remains in a condition which comprises a
nuisance as defined by the legislative code. The vacant building fees have been paid. Real estate
taxes aze unpaid of $1,T20. 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 Protecrion), 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. Strathman 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 yeazs, he has done about six. He can
rehabilitate this properry successfully and post the bond.
Gerry Strathman recommends granting the owner six months to rehabilitate this building on
condition that a$2,000 bond is posted by noon of December 5, 2001.
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LEGISLATIVE HEARING MINiJTES OF NOVEMBER 20, 2001 Page 2
�j 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 appeazed: Thomas J. Rooney, 3260 Rice Street, Little Canada, and John Carlson,
Cazlson Sewer and Water Company, 921 Western Avenue North. Mr. Rooney stated he heazd
the properry was going to be rehabilitated. Mr. Cazlson's company installed a water line and has
a lien against the property. 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 affirmafive. 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 smiunary abatement notices issued to remove refuse, cut tall grass,
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 taken.
This properry remains in a condition which comprises a nuisance as defined by the legislative
code. Real estate taxes aze unpaid of $1,319. T�ation has placed an estimated market 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 estimated cost to repair is $80,000 to $100,000; esfimated
cost to demolish, $10,000 to $12,000.
Mr. Strathman asked if he was prepazed 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 is ordered to remove the building.
(No one appeared to represent Yhe property.j
(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 Richazd Pfeifer, and the conservator is Jill
Johnson, his daughter. Five summary abatement notices have been issued to remove refuse,
secure the building, cut tall grass, and remove a vehicle from pazking 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 MINiJTES 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 legislative code. The vacant building
fees aze due. Real estate taxes aze paid. Taxation 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 estimated cost to repair this structure is $40,000, cost to demolish, $5,000 to $6,000.
According to a columnist in the paper, stated Mr. Magner, Mr. Pfeifer purct�ased two pazcels
from a ta�c auction and decided he would build a home out of concrete. He was living on the
property in a shack, which has since been removed. Mr. Pfeifer worked diligently on lus
properiy until he suffered an injury. He is now in a care facility. The building has no windows,
added Mr. Strathman.
Gerry Strathman recommends approval of the resolution.
The meeting was adjoumed at 10:17 a.m.
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