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96-1276 Council File # -1�•� �� Green Sheet # � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA 51 Presented By Referred To Committee: Date 1 2 3 WHEREAS, Public Health has requested the City Council to hold public hearings to consider 4 the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood 5 frame dwelling located on property hereinafter referred to as the "Subject Property" and commonly 6 known as 712 Wells Street. This property is legally described as follows, to wit: 7 8 Lot 6, Block 38, Schurmeier's Subdivision of Blocks 38 and 39, Arlington Hills 9 Addition. 10 � 11 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 12 information obtained by Public Health on or before July 18, 1996, the following are the now known 13 interested or responsible parties for the Subject Property: William Friendt/Sharon McDonough, 974 14 Earl Street, St. Paul, MN 55106; Dennis and Nancy Friendt, 700 Bucker Avenue, Shoreview, MN 15 55126. 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 July 15, 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 August 14, 1996; and 26 27 WHEREAS, the enforcement officer has posted a placard 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 City 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 °t� - Ia`�G 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, October 1, 1996 to hear testimony and evidence, and after receiving testimony 3 and evidence, made the recommendation to approve the request to order the interested or responsible 4 parties to make the Subject Property safe and not detrimental to the public peace, health, safety and 5 welfare and remove its blighting influence on the community by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternative by demolishing and 7 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 8 demolition of the structure to be completed within fifteen (15) days after the date of the Council 9 Hearing; and 10 11 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 12 9, 1996 and the testimony and evidence including the action taken by the Legislative Hearing 13 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 712 Wells Street: 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 conect the deficiencies or to demolish and remove the building(s). 30 31 5. That the deficiencies causing this nuisance condition have not been conected. 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 �I`- �� 1 1. The above referenced interested or responsible parties shall make the Subject Properry 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 or 7 demolition and removal of the structure must be completed within fifteen (15) days after the 8 date of the Council Hearing. 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. � Navs Absent Requested by Department of: a e � ostrom uerin arris e ar —� g ��lli� G�c-�---- e tman une Y� � Adopted by Council: Date � �, q ��g� Form Approved by City Attorney Adoption Certified by Council Secretary gy: i�`"�(^'�Y�/Y�'�' �'��°� �i By� Approved by Mayor for Submission to ' Council Approved by Mayor: Date � �S �� L By: ��'� � ��z� Byc z `�`G.•t��G '� Public Hea3th 09-.0 -96 A. �'RE;� �'�{E�� _N_ �_3.2 5 51 �� Charles Votel 298-4153 °E�►�"T°�cro� �cx. � . �sar+u cm�rro�v ��.(L-�� cinr ci.E�c �uwu�w� aa�r ciaECroa ��ro.a uwr.seAVic�s�. �rta�o October 9, 1996 �R MP`��aT� ❑ 'DOTAL#t OF SIONATURE PAQES (CUP ALL LOCATIONS FOR$IONATUREy �cnc��EGUes�o: City Council to pa�s this resolution which will order the aumer(s) to remove or repair the referenced building(s) . If the owner fails to comply with the r�solution, Public Health is ordered to remove the building. The subject property is located at 712 Wells Street. ��5:�U)°��0�(R) PERSONAL SERVICL CONTRACTS MUST ANiWEN TME f �E�TIOIis: _Pu►NMIa10 OOM�M8810N. _GYIL BERVICE COMAA1861oN 1. Has thfs paraoNNrtn ever worked und�r e coMract fa thi4 de�jHUu1�C1�� _��E _ YES NO �+ 2. Has#�b psrooNfirm wer be�n a cHy employee? J��1 2 � —�� — YES NO V —asT�C�c�l�'r — 3. ooss m�e p.no�/rirm paee.s.�Ca��a rarm.Ny P�a�QA 1'0�'�Scummc cNr employ«� Sl�TB wHICH COUI�N.06JECiIVE9 YES NO �' O�F�CE ExpiNn NI�►u�nsw�n on s�nb�M�e�nd athch te On�n�h»t "��i .�°s�'�ng' s)� s nu�s'ance�u�'�ing(s) as defined in Chapter 45 and a vacaxit building as defined- in Chapter 43 of the 3aint Paul Legialative Code. The otanera, interested parties and responsible parties known to the 8nforcemeat Officer were given an order to repair or remove the building at 712 Wells Street by August 14, 1996, and have failed to camply with those orders. �av�a��navEO: - , The City will eliminate a nuisan�e��C�j �-�L;��:��'�� C@(1tQf �� SEp 17 1996 SEP 11 1996 ,4 ___ :� CITY ATTOR��1( DISADYANTAOE8 IF APPR�VED: The City will apend fuads to wreck and remove thia buildiag(e) . Theae costa will be asaessed to the property, collected as a epecial asseesment againat the property taxes. �s�Nor�o: A nuisance condition will remain unabated in the City. This buildiag(s) will coatinue to blight the cc�mmunity. ��O��AN�� _ $6,000 - $8,000 �pgT/REYENUEBUDOETED(CIRCI.EONE) YES NO . Nuisance Houaing Abatement 33261 FUNDIHQ SOURCE ACTIVITY NUM�ER FNIANGAL INFORMATqN:(EXPWN) ^ SAINT PAUI PUBLIC HEALTH Neal Holtan. M.D., M.P.H.. Direc�or � �-�a�� CITY OF SAINT PAUL NUlSANCE BUILDlNGS CODE 612-298-4/53 Norm Coleman, Mayor ' ENFORCEMENP SSS Cedar Smet Sain1 Paul, MN SSlOI-2260 � September 6, 1996 NOTICE OF PUBLIC HEARINGS �ouncil 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 resolution ordering the repair or removal of the nuisance building(s) located at: 712 Wells Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, October 1, 1996 City Council Hearing - Wednesday, October 9, 1996 The owners and responsible parties of record aze: Name and Last Known Address Interest William FriendtlShazon McDonough Fee Owner 974 Earl Street . St. Paul, NIN 55106 Dennis and Nancy Friendt Relatives of Fee Owner 700 Bucker Avenue Shoreview, MN 55126 The legal description of this property. is: Lot 6, Block 38, Schurmeier's Subdivision of Blocks 38 and 39, Arlington Hills Addition. - � °� ` -Ia�G : 712 Wells Street September 6, 1996 Page 2 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 correcting 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' erely, 6 � e �� C� '�"�7 Re a Weiss Program Supervisor Vacant/Nuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design , Philip Miller, City Attorneys Offtce Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Marshall Dan Pahl, PED-Housing Division �G - la�� REPORT Date: October 1, 1996 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman � Legislative Hearing Officer 1. Resolutions ratifying assessment of benefits, costs and expenses for summary abatements for the following (laid over from 9/17/96 Legislative Hearing): J9609AA--Property clean up for May through mid July, 1996 J9609TDBC1--Property clean up for May through mid July, 1996 328 Lexington Pkwy (J9609TDBC1)--Legislative Hearing OfCcer recommended deleting the assessment. 1129 E. Minnehaha (J9609AA)--Legislative Hearing Officer recommended approval. 2. Resolution ordering the owner to remove or repair the referenced building, located at S,,Q$ Hatch Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 3. Resolution ordering the owner to remove or repair the referenced building, located at ,�Q24 Milton tr et . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended laying this matter over to the November 5, 1996 Legislative Hearing. 4. Resolution ordering the owner to remove or repair the referenced building, located at 874-878 Se1bX Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended the owner be granted 180 days to repair the building pravided a $2,000 bond is posted by October 9, 1996. 5. Resolution ordering the owner to remove or repair the referenced building, located at 12 W tr e . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. qG � �a� 6. Resolution ordering the owner to remove or repair the referenced building, located at 460 Beaumont ee . If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 7. Resolution ordering the owner to rernove or repair the referenced building, located at ?,�2 Cotta�e Avenue W. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. MINUTES OF LEGISLATIVE HEARING � � _ ',, �� October 1, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health; Cathy Ries, Real Estate Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 1. Resolutions ratifying assessment of benefits, costs and expenses for summary abatements for the following (laid over from 9/17/96 Legislative Hearing): J9609AA--Property clean up for May through mid July, 1996 J9609TDBC1--Property clean up for May through mid July, 1996 328 Le�n on Pkwy Guy WilTits, Public Health, reviewed the staff report and presented pictures of the property. The orders were posted on the property on June 28, 1996 and the order was mailed on July 2, 1996 with a compliance date of July 3, 1996. Mohammed Shahidullah, property owner, appeared and stated that he had not received a letter notifying him to cut the tall grass and weeds. It was his contention that he had cut the grass and the remainder of the lawn was not growing. Mr. Stratlunan stated that in looking at the pictures, it did not appear that the lawn was overgrown. He also did not believe that mailing the order on July 2 with a compliance date of July 3 was reasonable. He recommended deleting the assessment. 1129 E Minnehaha No one appeared; recommended approval of the assessment. 2. Resolution ordering the owner to remove or repair the referenced building, located at �2$ Hatch Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report. He had been in contact with the Ramsey County Tax Exempt Off'ice, owners of the property, and they indicated that they did not believe the building was salvageable. Mr. Strathman recommended approval of the order. 3. Resolution ordering the owner to remove or repair the referenced building, located at 1Q24 Milton Street N. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Minutes of Legislative Hearing _`L��Z� � October 1, 1996 � Page - 2 - Mr. Votel reviewed the staff report. The property had been vacant since April, 1995 and was now owned by Ramsey County Trust Exempt. They had indicated that they believed the property was worth rehabilitating. The estimated cost to repair the building was $25,000 and estimated cost to demolish was $8,000. Brett Larson, Ramsey County Trust Exempt, appeared and stated that this property was scheduled to be placed for auction on October 23 and he had several interested parties who desired to purchase the property. He believed the building was salvageable. Mr. Strathman recommended laying this matter over to the November 5, 1996 Legislative Hearing. 4. Resolution ordering the owner to remove or repair the referenced build.ing, located at 74- 7 �l�y Avenue. If the owner fails to comply with the resolution, Public Health is ordered to r�move the building. Mr. Votel reviewed the staff report. This was a commercial building which had suffered fire damage and was condemned in April, 1996. The estimated cost to repair the building was $50,000 and the estimated cost to demolish was $25,000. Jim Bergstrom, Liberty State Bank, appeared and stated that the bank had foreclosed on the property which took some tune. He believed the building could be restored and they had found a potential buyer for the property and were willing to provide financing to afford the repairs. A code compliance inspection had been done on the property. Russell Hamilton, potential buyer of the property, appeared and stated that he had surveyed the building on more than one occasion and believed the building was salvageable. He had intended to secure ownership some time ago, however, there were problems with the title which prevented him from purchasing the property. Mr. Strathman recommended that the owner be granted 180 days to bring the building into compliance provided a $2,000 bond was posted prior to the Council meeting on October 9, 1996. 5. Resolution ordering the owner to remove or repair the referenced building, located at 712 VVells Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. He had been in contact with the owner and the owner was in agreement that the building should be demolished. The property owner did not appear. Mr. Strathman recommended approval of the order. 6. Resolution ordering the owner to remove or repair the referenced building, located at 4�0 RPa�1nont Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Minutes of Legislative Hearing ��., 1 a � ` October 1, 1996 � Page - 3 - Mr. Votel reviewed the staff report. The building was condemned in September, 1995. The estimated cost to repair the building was $20,000 and the cost for demolition was $10,000. James Geske, attorney representing the mortgage company Transamerica Financial, appeared and stated that the warranty deed conveying title to the present owner had never been recorded and they were not aware that there was a different owner of this property. The present owner had filed bankruptcy and the owner was advised not to sell the property to a potential buyer. He requested that this matter be continued. Nick Puente, representing the Railroad Island Task Force, appeared and presented a memorandum outlining the initiative of the Task Force. He also presented a petition with 32 signatures of the surrounding neighbors who wished to see the building demolished. The property had been seriously neglected and he believed it was not worth rehabilitating. Gordon�ieitzman, neighboring property owner, appeared and stated that the property had been a continuous problem in the neighborhood and he wished to see the building demolished. Mr. Strathman recommended approval of the order. 7. Resolution ordering the owner to remove or repair the referenced building, located at � C'ottage Avenue W. If the o�;�ner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The building had several add-on structures and was condemned in May, 1996. The current owner had not made any contact as to his intentions with the property. It was his opinion that it was not economically feasible to repair the building. The estimated cost to demolish the building was $7,300. Lawrence Zielke, representing Alliance Mortgage, appeared and stated that they foreclosed on the property on June 12, 1996 and the six month redemption period had not expired. He requested that they be allowed additional time to secure title to the property in order to convey it to HUD for re-sale. Delores Hartzell, neighboring property owner, appeared and presented pictures of the property. The property had been a continuing nuisance in the neighborhood and she and the neighbors wanted the building demolished. Mr. Strath.man stated that he had received a phone call from a representative of the owner who indicated that he was unable to attend the meeting. He recommended approval of th orde � _ Meeting adjourned at 10:40 a.m. % Gerry Stra an, Legislative Hearing Officer