The URL can be used to link to this page

96-1038 � � � 4..�' � i '� r�� ._ Council File # 1 b� ��0 Green Sheet # � RESOLUTION CITY OF SAINT PAUL, MINNESOTA SS . . Presented By . �y , Referred To Committee: Date 1 WHEREAS, Saint Paul Public Health has requested the City Council to hold public hearings 2 to consider the advisability and necessity of ordering the repair or wrecking and removal of a two- 3 story, wood frame dwelling located on property hereinafter referred to as the "Subject Property" and 4 commonly known as 891 Conway Street. This property is legally described as follows, to wit: 5 6 Lot 27, Adam Gotzian's Subdivision of Block 84, Lyman Dayton's Addition to St. 7 Paul 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Saint Paul Public Health on or before June 3, 1996, the following are the 11 now known interested or responsible parties for the Subject Property: State of Minnesota Trust 12 Exempt, 620B Government Center West, 50 Kellogg Blvd. West, St. Paul, MN 55102; First Trust, 13 Legal Department, Ste. 495, 350 Robert Street North, St. Paul, MN 55101; Ann P. Hipp, 195 East 14 Fifth Street Apt. 504, St. Paul, MN 55101; Valley Paving Inc., 8800 13th Avenue East, Shakopee, 15 MN 55379; Curt Potts (Currency Exchange), 981 Payne Avenue, St. Paul, MN 55101. 16 17 18 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of 19 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance 20 Building(s)" dated May 30, 1996; and 21 22 WHEREAS, this order informed the then known interested or responsible parties that the 23 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 24 25 WHEREAS, this order informed the interested or responsible parties that they must repair or 26 demolish the structure located on the Subject Property by July 1, 1996; and 27 28 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 29 this building(s) to constitute a nuisance condition; subject to demolition; and 30 31 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health 32 requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the 33 City Council and the Saint Paul City Council; and 34 35 WHEREAS, the interested and responsible parties have been served notice in accordance 36 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 37 purpose of the public hearings; and 38 �'� � � � � �F�� ;f� � .M� � � jo�� 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 2 Council on T�esday, August 20, 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, August 12 28, 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 891 Conway 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 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 � 1 v i � � '� � � �1/ . . . ._ , , ..,., � � � 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 altemative 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 City of Saint 11 Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take 12 whatever steps are necessary to demolish and remove this structure, fill the site and charge 13 the costs incurred against the Subject Property pwsuant to the provisions of Chapter 45 of 14 the Saint Paul Legislative Code. 15 16 3. In the event the building is to be demolished and removed by the City of Saint Paul, all 17 personal property or fixtures of any kind which interfere with the demolition and removal 18 shall be removed from the property by the responsible parties by the end of tlus time period. 19 If all personal property is not removed, it shall be considered to be abandoned and the City 20 of Saint Paul shall remove and dispose of such property as provided by law. 21 22 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 23 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Yeas Navs Absen Requested by Department of: a�e� �os rot m uerin arris e ar eunean BY� ,l�-Q� � Form Approved by City Attorney Adopted by Council: Date a Adoption Certified by Council Secretary By.��.'� � _ By� � � Approved by Mayor for Submission to Council Approved by Mayor: Date � ��r _ BY; �� cG/ ��nc� By: 4�L �G �1.c�"�� ` - 103� �� Health 07-2 °"96" � ° �REEN SHEET �° 3 �5 3�4 r es Vo e 2 9 8-415 3 „ , f o��►�►'"Er�rc°�cr�� m�°�N�� - �� l%V "sta" m�rro�ev �l �S S )b cmci.er�uc IL ��f� DOET Dli��.`T�OIi �FlN.6 MOT.BERYN:E3 DN1. - August 28, 1996 �" ��T��1 ❑ TOTAL#F OF SIONATURE P�AOE8 '` _,.(CLIP ALL LOCATIONS FOR,SI�NATURE) AL'TION REOUESTED: 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 reeolution, Public Health is ordered to remove the building. The subject property is located at 891 Conway 3treet. RECXM�NDATIONS'Approw(A�p R�t(R� PER80NAL'�ERVICE CONTRACTS MUiT ANSWER THE FOLLOWtNti GUE�TIOIiS: _PLANNINO COIYM�AISBIO� _Gm BERV�E COMMI88�N 1. Has th�personRirm wer worked ur►der e conaact tor t�s de�a�a�EIVE� _q8 OOMMITTEE _ YES �NO _�� _ 2. "��,��°""No�.«�� AUG �6 i996 _o�R�r c�r _ 3. ooes ads persoMirm postees a sku�rac normaNq vo�d tir am+ou►rorn aty employ..� ��E� Expisin�II�ru ensw�rs on pp�rab ah�st�nd�ah W��S OFFICf ��s��g s)� s a aii�s'an e�ui�ing(s} as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The ovmers, interested parties and reeponsible parties known to the Enforcement Officer were giv�n an order to repair or rec�ve the building at 891 Conway Street by July 1, 1996, and have failed to comply with those ordera. ' . ADVANTAOE8IF APPROVED: The City will eliminate a nuisance. ��'��D �UL 3p �9gg �. c��r arro��r DIBADViV�1'A3ES IFAPPRdVEO: The City will spend funds to wreck and remove this buildiag(e) . These co�ts will be assessed to the property, collected as_ a, special asseasa►ent agaiust the proper�y taxes. �� - N�u 12 1996 D18ADVANTAtiEB�Ndf APPROMED: A nuisance condition will remain unabated in t e _ building(s) wi11 cQntinue to blight the community. $5,000 - $7,000 TOTAL AMOUNT OF TRANSACTION i COST/REYENUB BUDf1ETED(CiRCLE ONE) YES NO Nuisance Housing Abatement 33261 FUNDItiO=OURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPL.AIf� SAINT PAUL PUBLIC HEALTH Nea!XoJron, M.D., M.P.H., Dinctor /`) y , �Q �f� `�<<c u CITY OF SAINT PAUL Nu,saNCE aulr,o�NCS conE 611-298•4153 •Norm Coleman, Mayor ENFORCEMENf SSS Cedar Streel Sain�Pau� MN SS101-2260 � . July 26, 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 resolution ordering the repair or removal of the nuisance building(s) located at: 891 Conway Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, August 20, 1996 City Council Hearing - Wednesday, August 28, 1996 The owners and responsible parties of record aze: Name and Last Known Address Interest � �iJ�N��t1 ��nt"..y�%;"� YA'f:+�.�(S�*1 � State of Minnesota Trust Exempt Fee Owner 620B Government Center West • ,J�J� � 1 �i��'� 50 Kellogg Blvd. West St. Paul, MN 55102 _ ..�r:a First Trust Judgment Creditor Legal Department, Ste. 495 350 Robert Street North ' St. Paul, MN 55101 Ann P. Hipp Judgment Creditor 195 East Fifth Street Apt. 504 St. Paul, MN 55101 � c� �— �� ' 891 Conway Street July 26, 1996 Page 2 Name and Last Known Address Interest Valley Paving Inc. Judgment Creditor 8800 13th Avenue East Shakopee, MN 55379 Curt Potts (Currency Exchange) Judgment Creditor 981 Payne Avenue St. Paul, MN 55101 The legal description of this property is: Lot 27, Adam Gotzian's Subdivision of Block 84, Lyman Dayton's Addition to St. Paul City of 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. - ' cerely, ' ` L� . A�otel Program Supervisor Code Enforcement Programs Saint Paul Public Health CAV:mI cc: Jan Gasterland, Building Inspection and Design Philip Miller, City Attorneys .Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division � �� Legislative Hearing Report August 20, 1996 . Page - 2 - , 6. Resolution ordering the owner to remove or repair the referenced building, located at 773 Butternut nue. 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 remove or repair the referenced building, located at 775 Butternut Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 8. Resolution ordering the owner to remove or repair the referenced building, located at 710 Dayton Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 9. Resolution ordering the owner to remove or repair the referenced building, located at 1024 Case Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 10. Resolution ordering the owner to remove or repair the referenced building, located at 891 ConwaX Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. � V 1 L t/� MINUTES OF LEGISLATIVE HEARING August 20, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer ' STAFF PRESENT: Mike Budka, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Estate Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (laid over from July 16, 1996 Legislative Hearing): J9607V2--Towing of abandoned vehicles from property from June through December, 1995 950 Fuller Avenue Guy Willits, Public Health, reviewed the staff report and presented a picture of the property. Nina Zachary, 1260 Ashland Avenue, owner of the property, appeared and stated that she had not received notice to remove the vehicle. She had spoken with the tenant the previous day and the tenant acknowledged that the vehicle had belonged to her daughter-in-law. She requested that the amount of the assessment be reduced. Mr. Strathman recommended approval of the assessment. 2. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following: J9608B--Boarding up of vacant buildings for March, 1996 J96081B-Boarding up of vacant buildings for April, 1996 J9608C--Demolition of vacant buildings for April, 1996 Mr. Strathman recommended approval of the assessments. 3. Resolution ordering the owner to remove or repair the referenced building, located at � Marvland Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mike Budka, Public Health, reviewed the staff report. The building was condemned in November, 1995 and had been vacant since February, 1996. The Veteran's Administration was the current owner of the property and they had received no indication from them as to their intention for the property. The estimated cost to repair the building could exceed its market value. The cost to demolish was $6,400. The property owner did not appear. Mr. Strathman reviewed a letter received by Public Health from a party interested in purchasing the property. Since the necessary conditions were not met, he recommended approval of the order for demolition. - Minutes of Legislative Hearing � b— �b�� August 20, 1996 Page - 2 - 4. Resolution ordering the owner to remove or repair the referenced building, located at �7 Kent Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Budka reviewed the staff report. The building had been vacant since December, 1995 and there had been three summary abatement orders against the property. The cost to repair the building was estimated to be $40,000; the estimated cost to demolish was $6,200. The property owner did not appear. Mr. Strathman recommended approval of the order for demolition. 5. Resolution ordering the owner to remove or repair the referenced building, located at 95 Isabel Sfreet. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. - Mr. Budka reviewed the staff report. The building was condemned in February, 1996 and had been vacant since May, 1996. The current owner was Marlin Schienbein and the property was in foreclosure by the mortgage company. A code compliance inspection was done on July 23, 1996, however, the bond had not been posted and no permits had been obtained. The estimated cost to repair the building was $30,000 and the estimated cost to demolish was $6,200. Beth Asmussen, attorney representing Long Beach Mortgage Company, appeared and stated that the property had been purchased at a sheriff's sale on August 14, 1996. Since the property had been abandoned, they were in the process of applying for an order to reduce the redemption period from six months to five weeks. A property assessor was examining the building to determine whether the property was salvageable. She requested an extension of time to allow the assessor to make a determination on the property. Robert Rutherford appeared and stated that he was interested in purchasing the property. He had tried to contact the property owner to relay his interest in purchasing the property and was unsuccessful in his attempt. Sandra Levine, WSCO, appeared and stated that she was aware of two other individuals who were interested in purchasing the property and she believed the property should be saved. Mr. Strathman recommended allowing 180 days to repair the building if the bond was posted by the Council meeting on August 28, 1996. � 6. Resolution ordering the owner to remove or repair the referenced building, located at 7� Butternut Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Budka reviewed the staff report. The building was condemned in November, 1995 and had been _ vacant since that time. The current property owner was Eric Johnson. The estimated cost to repair the Minutes of Legislative Hearing G'�� '��5� August 20, 1996 Page - 3 - building was more than the market value of the property. The estimated cost for demolition was $7,200. The property owner did not appear. Betty Moran, West 7th Street Federation, appeared and stated that no work had been done to the building and it was a blighting influence on the neighborhood. She encouraged demolition of the building. Barb Benson, 777 Butternut, appeared and stated that the building was unsecured in that the windows were open and the stench from the building could be smelled from the street. She had witnessed children playing in the yard on several occasions and feared they would enter the building. The property was not being maintained and she encouraged demolition of the building. Mr. Strathman recommended approval of the order for demolition. 7. Resolution ordering the owner to remove o� repair the referenced building, located at � Butternut Avenue. If the owner faiLs to comply with the resolution, Public Health is ordered to remove the building. Mr. Budka reviewed the staff report. The property owner was living at the Bethel Care Center and was no longer able to maintain the property. The property owner did not appear. Mr. Strathman recommended approval of the order for demolition. 8. Resolution ordering the owner to remove or repair the referenced building, located at 7. 1� Da,yton Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Budka reviewed the staff report. The building was condemned in January, 1995 and had been vacant since February, 1995. The property owner was now deceased. The estimated cost to repair the building was $70,000 and the estimated to cost to demolish was $9,500. Kathy Goddard, attorney representing the estate, appeared and stated that a purchase agreement was entered into on June 23, 1996, however, the potential buyers were not approved for financing. At this point in time, they were unable to find other suitable buyers of the property. She requested additional time to market the property. Archie Stulc, Jr., son of decedent, appeared and stated that the potential buyers had informed him that they had posted the bond to begin work on repairing the building. He subsequently discovered that the bond had not been posted. Aaron Rubenstein, Heritage Preservation Commission, appeared and stated that the property was located in the historic hill preservation district. Many of the buildings in the neighborhood had been rehabed and _ it was his opinion that this property should be saved. Minutes of Legislative Hearing August 20, 1996 ��`' � I�� Page - 4 - Mr. Strathman stated that the building appeared to be in a serious state of disrepair. He recommended approval of the order for demolition. 9. Resolution ordering the owner to remove or repair the referenced building, located at �� Case Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Budka reviewed the staff report. The property was owned by HUD and there had been no contact as to their intentions on the property. The property owner did not appear. Mr. Strathman recommended approval of the order for demolition. 10. Resolution ordering the owner to remove or repair the referenced building, located at $21_ Conway Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Budka reviewed the staff report. The property was owned by the State of Minnesota Trust Exempt and there had been no contact as to their intentions for the property. The property owner did not appear. Mr. Strathman recommended approval of the order for demolition. Meeting adjourned at 10:35 a.m. erry St thman, Legislative Hearing Officer