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96-1475 � �� d �`�.��, �.. �� v Council File # �• Green Sheet # ..1 i1s� .Z� RESOLUTION CITY OF SAINT PAUL, MINNESOTA 'b Presented By Referred To Committee: Date 1 WHEREAS, Public Health has requested the City Council to hold public hearings to consider 2 the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood 3 frame dwelling and detached, wood frame garage located on property hereinafter referred to as the 4 "Subject Property" and commonly known as 414 Minnehaha Avenue East. This property is legally 5 described as follows, to wit: 6 7 Lot 1, Louis P. Swanstrom's Re-Arrangement of Lots 8 & 9 of Block 8 of Warren 8 and Winslows Addition. 9 10 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 11 information obtained by Public Health on or before August 2, 1996, the following are the now 12 known interested or responsible parties for the Subject Property: Donald S. Strack Trustee, 5100 13 Ocean Blvd N. Unit 805, Ft. Lauderdale, FL 33308-3012; John Engebretson, 417 Mt. Ida Street, 14 St. Paul, MN 55101; District Director of the IRS, 316 Robert Street North, St. Paul, MN 55101, 15 re: John R. Engebretson (Tax Lien). 16 17 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 18 Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated 19 August 1, 1996; and 20 21 WHEREAS, this order informed the then known interested or responsible parties that the 22 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 23 24 WHEREAS, this order informed the interested or responsible parties that they must repair or 25 demolish the structure located on the Subject Property by September 17, 1996; and 26 27 WHEREAS, the enforcement officer has posted a placazd on the Subject Property declaring 28 this building(s) to constitute a nuisance condition; subject to demolition; and 29 30 WHEREAS, this nuisance condition has not been corrected and Public Health requested that 31 the City Clerk schedule public hearings before the Legislative Hearing Officer of the Ciry Council 32 and the Saint Paul City Council; and 33 34 WHEREAS, the interested and responsible parties have been served notice in accordance 35 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 36 purpose of the public hearings; and 37 ,�- r-- � < � � �. � � � � k � . � � _ �'�- 14�S 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, November 19, 1996 to hear testimony and evidence, and after receiving 3 testimony and evidence, made the recommendation to approve the request to order the interested or 4 responsible parties to make the Subject Properry safe and not detrimental to the public peace, health, 5 safety and welfare and remove its blighting influence on the community by rehabilitating this 6 structure in accordance with all applicable codes and ordinances, or in the altemative by 7 demolishing and removing the structure in accordance with all applicable codes and ordinances. 8 The rehabilitation • ' of the structure to be completed within€�eea-{�5rj"days after the. '✓n,�e h•ar.��..�� h Lls-t,) 9 date of the Council Hearing; and � � 10 c�r� c a�n:�<< � r Nb�. ��.i�: r� �� '�.�.5. 1ac�;. �S _ us+e. e� �e Y=S 11 WHEREAS, a hearing�s e e ore e aint Paul City Council on Wednesday, 12 November 27, 1996 and the testimony and evidence including the action taken by the Legislative 13 Hearing Officer was considered by the Council; now therefore 14 15 BE IT RESOLVED, that based upon the testimony and evidence presented at the above 16 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and 17 Order concerning the Subject Property at 414 Minnehaha Avenue East: 18 19 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul 20 Legislative Code, Chapter 45. 21 22 2. That the costs of demolition and removal of this building(s) is estimated to exceed 23 three thousand dollars ($3,000.00). 24 25 3. That there now exists and has existed multiple Housing or Building code violations at 26 the Subject Property. 27 28 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible 29 parties to correct the deficiencies or to demolish and remove the building(s). 30 31 5. That the deficiencies causing this nuisance condition have not been corrected. 32 33 6. That Public Health has posted a placard on the Subject Property which declares it to 34 be a nuisance condition subject to demolition. 35 36 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings 37 Code Enforcement Program. 38 39 8. That the known interested parties and owners are as previously stated in this 40 resolution and that the notification requirements of Chapter 45 have been fulfilled. 41 42 43 ORDER 44 45 The Saint Paul City Council hereby makes the following order: 46 , - - � G- I y'�S - � 1 1. The above referenced interested or responsible parties shall make the Subject Property safe 2 and not detrimental to the public peace, health, safety and welfare and remove its blighting 3 influence on the community by rehabilitating this structure and correcting all deficiencies as 4 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with 5 all applicable codes and ordinances, or in the alternative by demolishing and removing the 6 structure in accordance with all applicable codes and ordinances. The rehabilitation e� 7 �al of the structure must be completed within�e�}days after the 8 date of the Council Hearing. o r� h.�.�\r�,1�;�r.� (�s�� 9 °----- 10 2. If the above corrective action is not completed within this period of time the Public Health, 11 Code Enforcement Program is hereby authorized to take whatever steps are necessary to 12 demolish and remove this structure, fill the site and charge the costs incurred against the 13 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 14 15 3. In the event the building is to be demolished and removed by the City of Saint Paul, all 16 personal property or fixtures of any kind which interfere with the demolition and removal 17 shall be removed from the property by the responsible parties by the end of this time period. 18 If all personal property is not removed, it shall be considered to be abandoned and the City 19 of Saint Paul shall remove and dispose of such property as provided by law. 20 21 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 22 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Yeas Navs Absent Requested by Department of: a e ostrom uerin arris e ar `/ _ ' euriean � BY: /(.GT_l�l�'�'fi�--�- Form Approved by City Attorney Adopted by Council: Date ��, ��'( , �gq� �- Adoption Certified by Council Secretary By: � '� � By� � °"� a-- � ��r------ Approved by Mayor for Submission to Approved by Mayor: Date ?i ( `� Council �j�,, � B � �-<�� By: "1, � _'�� y: q �•I�t'1s _ �li� �ealth l0-2 °"96" " GRE�N SHE�T N_ _3 2 5 6 2 Charles Votel 298-4153 °�P"�"TaRE �� cm�°w�ca _ �� Asero� [�anr nrra+r�v i cmr c��ac c ��0" �euooer oinecroA ��.a Mor.se�s om. November 27, 1996 °� ��^�ST��1 ❑ TOTAL�OF SIEiNATURE M�3E8 � (CLIP ALL WCATIONB ROR SItiF1ATURE) ACTION REGUE8TED: 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, Public 8ealth is ordered to remove the building. The subject property is located at 414 Minnehaha Avenue Last. ��:�OM�(�°f�(R) PBRSONAL SERVICE CONTRACTS II�T ANBWER THE FOLLOWlNli QUl.tTlpNS: _PLAra+iNO e�INM1�ON _crvp.sEAV�CE ooMl�xss�oN �. Hes en�s psnonmrm.wr wor�ced unaer.oontrac:t for u�d.p.rtmMt4 - �Cls COMhNTTEE _ YES NO 2. Has tlMs p�non/firm ever bssn a dty employes? —8� — YES NO —D��T� — s. ooes ihia persor�/Hrm poaeess a skfl�na nonn�Nr v�d bf�anY�u�t dtY�o�e� SUPPORT8 wHN�I WUNCIL OdJECTIVE4 YES NO Ezplaln MI y�s�nswKS on�sM�t uM�tt�to pn�n�t INITIATNrO PROlL6�A��IJE.OPPORTt�11TY Mlho.wh�t.YVMn.whsn.WhY): This buildiru,�(s) i� a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in CYiapter 43 of the Saint Paul Legislative Code. The owners, interested pa�ties and responsible parties known to the Enforcement Ofticer were given an order to repatir or remove the building at 414 Minnehaha Avenue East by September 17, 1996, and have failed to comply with those orders. ADVANTAQEB�APPRdVED: �� The City will eliminate a nuisance. NOY 06 1� C�'Y ATTQRNEY ��: The City wil�. apend funds to wreck and remove this building(s) . These costs will be , aseessed to the property, collected as a special assessment against the property taxee. o�ovMrr�s�Nor�no�o: A nuisance condition will remain unabated in the �ity. Thia buildiug(s) will continue to blight the community. � IR�1'�1 �' ��n,� 1 � �t��+r TOTAL AMOUNT OF TRANSACTION = COdT/REVENUE d1;IDGETED{CIRCLE ONE) YES NO � . . FuNp�Wp spp110E Nni aanr�sa iirn�ai na nhatr+mt+nt ACTIVITY NUMBER _ _ 33261 flNANCIAL N�ATION:(EXPLAIN) �n -•� v+t r'' : �^ . NOTE: COMPLETE DIRECTIONS ARE INCLiJ�ED�M�'FI&�R�EN SHEET II�STRt1CT10NAL MANUAI AVAIIABLE IN TME PURCHA3ING.O�ICE(PHONE I�.�;�., '� ; `' : ROUTING ORDER: . . Bsbw are correct rouGrqs for the fWs mosi hequent typss of doaur�snts: ;.: } ,. , CONTRACTS(assumes authorizsd budpst exfsts) GQUNCIL RESOLUTION(Amsnd Budp�it/^aapt,.0nnb) �.... . 1. Outside Agency , , 1.' Depertment Direc�or 2. Dspanment Director 2. Budpet Direcbr 3. City Attomey 3. City AtEomey 4. Mayor(foc cont�ads over 515,000) 4. MayorlAsai�tant 5. Humen Rights(tor cbr►tracts o�rsr 550,000) 5. Ciry Coundl 8. Ffnence and Manegement Senrk�s Director 6. Chief A�+ntanC F�er4��!d Manapemer�t 3ervioB;. y. Flnance Accountln� . ADMINISTRATIVE ORQERS(BttdpsC Revialon) COUNCII RESOLUTION(1�!'�OfhNS;and O�ner�) 1. AcNviry Ma�agsr 1. Oepertfnsnt Dkector 2: Oepertrne�t Accountant 2. Glty Atto►ney 3. Dsperimsnt Director 3. Mayor/lsafataM 4. Budgst DireCtor 4. City Coundt 5. Ciy CIe�4c 8. Chisi Accountarti,Finance and Management Senrioes ADM1N13TRATIVE ORDERS(all others) 1. Department Director � 2. Gty Attorney � 3. Fina�ce and Managsment Services Di�ector 4. City Clerk TOTAL NUMBER OF SI(iNATURE PAC3ES Md�ate ths�of pagea on which algnatures a►e required and p�p�rcllp or flap s�ch ot tMN pa�i. ACTION RE�UESTED Dsscribs what tM project/r�uest seeks to acxort�plish in either chronolopf- cal order or ordsr ot importance,whichever is rrasi appropriate tor the isaue.Do not write complste sentenc�s.Begin sach item in your Nst with a verb. RECOMMENDATIONS r Complete it the isaue irt<�uestion has besn prosented before any body,public ' or prtwte. , _ t SUPPORTS WHICH GOUNCIL QBJECTIVE? ' Indicate which Council otijective(s)your projecthequsat supports by listing the key word(s)(HOUSING,RECREATION, NEIGHBORHOODS,ECONOMIC DEVELORMENT, BUDf3ET,SEWER SEPARATION).(SEE GOMPLETE LIST IN INSTRUCTIONAI MANUAL.) PERSONAL SERVICE CONTRACTS: This inlormatbn will be ussd to determine ths Ciry�s BabNity tor workers compsnsation claims,taxss�nd propsr ciVN wrvfc�Idrk�p niles. INITIATINC3 PROBIEM, ISSUE,OPPORTUNITY Explein the situation or conditfons that croated a need for your project or requeat ADVANTAt�ES IF APPROVED Indkate whefher this is simply an annual budget procedure requirod by tew/ chaner or whether there'are apecif�waya in which the City ot Salnt Paul and ita duzens wfN bsneNt irom thls projscttactbn. DISADVANTACiE3 IF APPROVEO whet nsyative elfects or major changss to existtng ar pest proceases might this projeC!/rsqusst producs if k is passed(e.g.,trafticc delays,noise, tax increaaea or as=sssmsnts)T To Whom?When?For how bng� DISAOVANTA(3E5 IF NOT APPROVED What will be the negaliv�e conasq�nces if the prort�ised action ia not epproved4 I�ability W deliver service4 ConHnued high traific.�iss, acddeM rate?Loss of revenue? FINANCIAL 1MPACT � Although you muat taibr the informaUon you provide here to the iasue�rou are,addrossiag,in generai you mudt anawer two qusallons:How mue�is it '� ' , � going to cost?Who is yoing to pey? SAINT PAUL PUBUC HEALTH Nea!Hokn», MD., .ILP.H., Director � �- I �� CITY OF SAINT PAUL NUISANCE BUILDI,�GS CODE 612-298-4153 Norm Coleman, Mayor � ' ENFORCEMENT SSS Cedar Sdeet Sainl PauJ, MN SS/01-2260 � . October 25, 1996 � NOTICE OF PUBLIC HEARINGS Council President and � Members of the City Council Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resotution ordering the repair or removal of the nuisance building(s) located at: -- 414 Minnehaha Avenue East The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, November 19, 1996 City Council Hearing - Wednesday, November 27, 1996 The owners and responsible parties of record are: Name and Last Known Address Interest CQUl1�� ±�� f1tQf Donald S. Strack Trustee Fee Owner � . �� 6 S 100 Ocean Blvd N. Unit 805 Ft. Lauderdale, FL 33308-3012 ' � John Engebretson Contract for Deed Holder " "" ''"� 417 Mt. Ida Street St. Paul, MN 55101 District Director of the IRS Judgment Creditor of Engebretson 316�Robert Street North . St. Paul, MN 55101 re: John R. Engebretson (Tax Lien) � �. ly �-S 414 Minnehaha Avenue East October 25, 1996 Page 2 � The legal description of this property is: . Lot 1, Louis P. Swanstrom's Re-Arrangement of Lots 8 & 9 of Block 8 of Warren and Winslows Addition. Saint Paul Public Health has declared this building(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by conecting the deficiencies 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 Public Health 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 Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. S' rely, � �� Ren Weiss Program Supervisor � • VacantlNuisance Building Unit Saint Paul Public Health ' RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council . � Steve Zaccazd, Fire Marshall . Dan Pahl, PED-Housing Division MINUTES OF LEGISLATIVE HEARING November 19, 1996 Room 330, City Hall q (��'��S Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Reneta Weiss, Public Health; Mike Budka, Public Health Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 a.m. 1. Resolution ordering the owner to remove or repair the referenced building, located at� ��ga Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Reneta Weiss, Public Health, reviewed the staff report. The building had been vacant since July, 1996 and the properry owner indicated that he would like the city to demolish the building. She recommended the building be demolished within five days. The property owner did not appear. Gerry Strathman, Legislative Hearing Officer, recommended approval of the order for demolition within five days. 2. Resolution ordering the owner to remove or repair the referenced building, located at 4�4 Minnehaha Avenue E. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. � Ms. Weiss reviewed the staff report. The building was condemned in October, 1992 and was vacant since November, 1992. A code compliance inspection was done on October 24, 1996, however, the performance bond had not been posted. The estimated cost to repair the building was undetermined and the estimated cost to demolish the building was approximately $9,000. John Engebretson, property owner, appeared and stated that it was his intention to de-convert the dwelling from a duplex to a single family home. He had problems securing financing, however, had successfully done so the previous day and it was his intention to post the bond by the end of the week. Mr. Strathman recommended the owner be granted 180 days to complete the repairs to the building provided the performance bond was posted and permits obtained by Wednesday, November 27, 1996. 3. Resolution ordering the owner to remove or repair the referenced building, located at 61 VVestern Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Ms. Weiss reviewed the staff report. The building had been vacant since June, 1993 and there had been no contact from the property owner as to his intentions for the building. A code compliance inspection was done on October 7, 1996, however, the performance bond had not been posted nor had permits been obtained. It was the inspector's opinion that the estimated cost to repair the building would exceed the value of the property. The cost for demolition was approximately $5,000. The property owner did not appear. Minutes of Legislative Hearing November 19, 1996 Page - 2 - Mr. Strathman recommended approval of the order for demolition. . 4. Resolution ordering the owner to remove or repair the referenced building, located at.�51 Winifred Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Ms. Weiss reviewed the staff report. The building had been vacant since July, 1996. The property owner had indicated that she would like the city to demolish the buildings. She recommended the property be demolished within five days. The property owner did not appear. Mr. Strathman recommended approval of the order for demolition of the pe thin five days. Meeting adjourned at 10:15 a.m. Gerry Str an, Legislative Hearing Officer