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96-1039 � � � � { ` �' e Council File # `—� �� } � � t ` � d � � . � � . � �_ ._ �£�0�� — Green Sheet # 3� �3 � RESOLUTION OF SAINT PA , MINNESOTA �� Presented By Referred To Committee: Date 1 WHERE , Saint Paul c Health has reque ed e City Council to hold public hearings 2 to consider the advisability and necessity of ordering the pair or wrecking and removal of a three- 3 story, wood frame dwelling located on property hereinafter referred to as the "Subject Properry" and 4 commonly known as 710 Dayton Avenue. This property is legally described as follows, to wit: 5 6 Lot 8, and the East 10 feet of Lot 9, Block 3, Holcombe's Addition to St. Paul. 7 8 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 9 information obtained by Saint Paul Public Health on or before June 3, 1996, the following are the 10 now known interested or responsible parties for the Subject Property: Archie E. Stulc 7r., 712 11 Dayton Avenue, St. Paul, MN 55104; Aaron Rubenstein, Heritage Preservation Commission, % 12 LIEP, 350 St. Peter #300, St. Paul, MN 55102; Dennis Smith, 1300 Godward Street NE, Mpls., 13 MN 55413; Kathy Goddard, 4726 Fremont Avenue South, Mpls., MN 55409. 14 15 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of 16 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance 17 Building(s)" dated May 30, 1996; and 18 19 WHEREAS, this order informed the then known interested or responsible parties that the 20 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 21 22 WHEREAS, this order informed the interested or responsible parties that they must repair or 23 demolish the structure located on the Subject Property by July 1, 1996; and 24 25 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 26 this building(s) to constitute a nuisance condition; subject to demolition; and 27 28 WHEREAS, this nuisance condition has not been conected and Saint Paul Public Health 29 requested that the City Clerk schedule public heazings before the Legislative Hearing Officer of the 30 City Council and the Saint Paul Ciry Council; and 31 32 WHEREAS, the interested and responsible parties have been served notice in accordance 33 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 34 purpose of the public hearings; and 35 36 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 37 Council on Tuesday, August 20, 1996 to hear testimony and evidenc�; and after receiving testimony 38 and evidence, made the recommendation to approve the request to order the interested or responsible 39 parties to make the Subject Property safe and not detrimental to the public peace, health, safety and 40 welfare and remove its blighting influence on the community by rehabilitating this structure in 41 accordance with all applicable codes and ordinances, or in the alternative by demolishing and 42 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 43 demolition of the structure to be completed within�ii�rP°��days after the date of the Council 44 Hearing; and �� � �1�- 1c�3� 1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August 2 28, 1996 and the testimony and evidence including the action taken by the Legislative Hearing 3 Officer was considered by the Council; now therefore 4 5 BE IT RESOLVED, that based upon the testimony and evidence presented at the above 6 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and 7 Order concerning the Subject Property at 710 Dayton Avenue: 8 9 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul 10 Legislative Code, Chapter 45. 11 12 2. That the costs of demolition and removal of this building(s) is estimated to exceed 13 three thousand dollars ($3,000.00). 14 15 3. That there now exists and has existed multiple Housing or Building code violations at 16 the Subject Property. 17 18 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible 19 parties to correct the deficiencies or to demolish and remove the building(s). 20 21 5. That the deficiencies causing this nuisance condition have not been conected. 22 23 6. That Public Health has posted a placard on the Subject Property which declares it to 24 be a nuisance condition subject to demolition. 25 26 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings 27 Code Enforcement Program. 28 29 8. That the known interested parties and owners are as previously stated in this 30 resolution and that the notification requirements of Chapter 45 have been fulfilled. 31 32 33 ORDER 34 35 36 The Saint Paul City Council hereby makes the following order: 37 38 1. The above referenced interested or responsible parties shall make the Subject Property safe 39 and not detrimental to the public peace, health, safety and welfare and remove its blighting 40 influence on the community by rehabilitating this structure and correcting all deficiencies as 41 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with 42 all applicable codes and ordinances, or in the alternative by demolishing and removing the 43 structure in accordance with a11 applicable codes and ordinances. The rehabilitation or 44 demolition and removal of the structure must be completed within f�*PP���;.days after the 45 date of the Council Hearing. �U � 46 � _- � C�— Lc� 3� 1 2. If the above corrective action is not completed within this period of time the Ciry of Saint 2 Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take 3 whatever steps are necessary to demolish and remove this structure, fill the site and charge 4 the costs incuned against the Subject Property pursuant to the provisions of Chapter 45 of 5 the Saint Paul Legislative Code. 6 7 3. In the event the building is to be demolished and removed by the City of Saint Paul, all 8 personal property or fixtures of any kind which interfere with the demolition and removal 9 shall be removed from the property by the responsible parties by the end of this time period. 10 If all personal property is not removed, it shall be considered to be abandoned and the City 11 of Saint Paul shall remove and dispose of such property as provided by law. 12 13 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 14 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Yeas Navs Absent Requested by Department of: ae ✓ os rom �— uerin �— arri s �— e ar �— et an une BY� ��C � � Form Approved by City Attorney Adopted by Co . Dat � / Adoption rtified by n ecretary g : �� �(�j� Y BY� Approved by Mayor for Submission to Approved by Mayo : Date ZG "( �i Council By• � gy; �vl (C / ✓ �l�- 1�3q ���C Heslth 7-26-96 � �REEN SH�ET .�° _3.2 5 3 7 � DEPi1RTMENT DIRECTOR�� COUNCIL �mA�� Charlea Votel 298-4153 ►� �oM cm�rroRr�v Q�� g(� cmc�FUc IL ( ) �� BUDOET DIREGrDR �FpV.i MICiT.8ERVICE8 DN4. August 28, 1996 �0q1 M"�rc°R'�sieT"►� ❑ TOTAL#t OF SI�iNATURE P�iE� (CUP ALL LOCATIONS FOR 81QNATUR� ,�cra��auEaT�o: City Council to pass this reaolution which voill order the owner(s) to remove or re$�ir the referenced building(s) . If the ov�raer fails to �omply with the reeolution, Pub11c Health is ordered to remove the building. The subject property is located at 710 Dayton Avenue. '�(����°°��R� PERSONAL BERWCE CONTRACTS MUST ANSWER TME FOLLOWIN�QUE�TION�: _n�Mw c�o�aas� _.ew��co��ss� 1. Has th�persoNRrm sver work�d ut�x a corNraat for tlds d�pvpn��� _���E _ YES NO _S� _ 2. Has this psrton/firm swr been a cky ernployeeT _D18TRICT C(%!RT _ 3. Dosa tMs persor�fkm poesets a ekill tat nameNf'P�oY������� SUPPORTS Wli�#I COUNCIL OBJECTIVE? 1fE8 NO Exp�un an p...�sw«�.o�s.p�rr.ts•n�t a�w atacn co a�AA�R'S OFFICf �rtu� iTV�wno,vw�a.wn.n,w�., This�u l��g s)' is a nuisance buil��ing(s) as defined in Chapter 45 and a wacant' building ae define� in Chapter 43 of the Saint Paul Legislative Code. The owners, interested partiee and responaible partiea known to the 8nforcemeat Officer �vnre given an order 'to repair or remove the building at 710 Dayton Avenue by July 1, 1996, and have failed ta comply with thoae orders. RECEIVED ADVANTMQES IF APPI�VED: '17ae Gity will eliminate a nuiaance. . * JERRY BLA�E�yED . JUL 30 �9gg ����: �lTY ATT�RI�EIf The City will spead funds to wreck and remove thie building(s) . These costs will lie asse�sed to �the property, collected as a apecial asseesment agaiat�t the property taxes. COUIICI) RQ38l4fGh +(r�.:.� - Hu� 12 1995 DISADVANTA�OEB�NOR APPROVED: _ 1 A nui�anae condition will remain unabated'in the City. This buirding(s) will contfnue to blight the comnunity. : TOTAL AMOUNTOF TlIAN�ACTION : $10,000 - $12,000 �pgT�p�VENUE�DOETEQ(CIRCI.E ONE) VHS NO Nuisance Housing Abatement 33261 � FUNDINA�OtlIICE ACTIVITII NUNSEp RINA!lGIAL INFORMAI'ION:(EXPLAIN) I LATIVE HEARING I �p I O 3� MINUTES OF LEG S October 15, 1996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 1. Vehicle abatement at �"� F MarXland Avenue; Brad Merwin, appellant. Guy Willits, Public Health, reviewed the staff report and presented pictures of the property. The vehicle was an abandoned van that was undriveable and unlicensed. Brad Merwin, property owner, appeared and stated that the van was used as a trailer and as an ice fishing house. The vehicle was licensed and tabbed, however, they had been stolen from the vehicle. He present�d a copy of the registration as verification. He also pointed out that the van was not visible from the stre�t and he had secured the vehicle so that it could not be entered. Gerald Strathman, Legislative Hearing Officer, recommended granting the appeal.. 2. Resolution ordering the owner to remove or repair the referenced building, located at $Z Beech Street. 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. The property was in foreclosure and the redemption period had not yet expired. It was the mortgage company's intention to convey the property to HUD within the next two months. It was the inspector's opinion that the cost to repair the building would exceed the value of the property. The cost to demolish the building was $10,000. The properry owner did not appear. Mr. Strathman recommended approval of the order. 3. Resolution ordering the owner to remove or repair the referenced building, located at 2 7-211 Winona Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The property was currently owned by Beneficial Loan & Thrift and they were trying to sell the property. There had been 12 summary abatement orders issued against the property and it was a complete nuisance to the neighborhood. A code compliance inspection had been done in August, 1995, however, the inspector believed that the cost to repair the building would exceed the value of the property. Mr. Strathman recommended approval of the order to demolish. 4. Resolution ordering the owner to remove or repair the referenced building, located at � Margaret Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Minutes of Legislative Hearing ` � � ��� � October 15, 1996 Page - 2 - Mr. Votel reviewed the staff report. The property was owned by HUD since March, 1996 and had been listed for sale since that time. A code compliance inspection had been done in August, 1996. The estimated cost to repair the building was $25,000 and the cost to demolish was $9,000. The property owner did not appear. Mr. Strathman recommended approval of the order. 5. Resolution ordering the owner to remove or repair the referenced building, located at (� IV��yland Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The building had been vacant since April, 1996 and there had been several�summary abatements issued against the property. A code compliance inspection was done in August, 1996 and he had been informed that the current property owners were trying to sell the property. The estimate to repair the building was $25,000 and the cost to demolish was $8,000. Neil Schwartz, potential buyer, appeared and stated that he was a real estate appraiser, a truth-in-housing inspector and was in the process of obtaining his contractor's license. It was his intention to purchase the property, repair it and he already had a potential buyer for the property. He stated that he would post the necessary bond and requested he be allowed six months to make the necessary repairs. Mr. Strathman recommended that the potential owner be granted 180 days to repair uilding provided he post the $2,000 bond by Wednesday, October 23, 199 . Meeting adjourned at 10:30 a.m. �t Gerry Stra an, Legislative Hearing Officer � SAINT PAUI PUBLIC HEALTH � NeQ!Holtan,MD., M.P.N., Direclor /� �r � C� �.� � � 1 � CIIY OF SAINT PAUL NUIS�lJVCE BUILDINGS CODE 612-298-4153 Norm Coleman, Mayor ENFORCEMENf S55 Cedar Street Sain1 Paul,MN SSI01-2260 � 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 heazings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 710 Dayton Avenue The City Council has scheduled the date of these heazings as follows: Legislative Hearing - Tuesday, August 20, 1996 City Council Hearing - Wednesday, August 28, 1996 The owners and responsible parties of record are: �OU�1Gl� d���RafCfi �ttlf Name and Last Known Address Interest JUL � 1 �I��� Archie E. Stulc Jr. Son of deceased fee owner 712 Dayton Avenue • St. Paul, MN 55104 __ ,:__ :_ _. _._._.�,w���,��:� Aaron Rubenstein Heritage Preservation Heritage Preservation Commission % LIEP 350 St. Peter #300 St. Paul, MN 55102 Dennis Smith Personal representative of estate 1300 Godward Street NE Mpls., MN 55413 � � � 1 �"��l 710 Dayton Avenue July 26, 1996 Page 2 Name and Last Known Address Interest Kathy Goddard Attorney for estate 4726 Fremont Avenue South � Mpls., MN 55409 The legal description of this property is: Lot 8, and the East 10 feet of.Lot 9, Block 3, Holcombe'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 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 incuned against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �� .. �� . � Charles A. Votel , 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 Aven . 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 Av u . 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 Da,�on 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 Conwa�, Street. 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 � � ~ l �`3� 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 � Maryland 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 � � � � �� � 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 77 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 I,egislative Hearing �C�_ ( ��C� August 20, 1996 Page - 3 - building was more than the market value of the property. The estunated 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 or repair the referenced building, located at 77� 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� 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 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 821 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 � - q G - 10 39 The Bank of Saint Paul Sainc Paul Butiding • 6 West Fifth Sueet •SG Paul,MN 55102 (612) 222-5551 • F�►x: (61Z) 121-5554 Tuesday, August 27, 1996 To Whom It May Concern: We are working with Neil Hiedeman on financing the renovation of the home at 710 Dayton. We need approximately finro more weeks to obtain appraisals and estimates. Mr. Heideman has been a customer of our bank for over five years and has always handled his financial affairs in a satisfactory manner. While this is not a commitment we feel confident in his ability and hope that we will be able to provide financing for the project. Sincerely Yours, , � J. Scott Hutton President Memher FDIC• InJependent and L�xally(�wned Since 1915