96-1216 ,_ �1�
' � i�, � ` Council File # � �
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RESOLUTION ��
TY OF SAINT PAUL, MINNESOTA
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, brick
3 and wood frame commercial building located on property hereinafter refened to as the "Subject
4 Property" and commonly known as 901 Payne Avenue. This property is legally described as
5 follows, to wit:
6 Lot 10, Block 26, Chas. Weides Subdivision of Blocks 25 and 26 of Arlington Hills
7 Add. to St. Paul.
8
9 WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and
10 information obtained by Public Health on or before July 18, 1996, the following are the now known
11 interested or responsible parties for the Subject Property: L & T, Inc., 6825 Romeo Road,
12 Woodbury, MN 555125-2421; Chucks Place, 901 Payne Avenue, St. Paul, MN 55101-4001;
13 Charles L. Hinze, 18509 Langly Avenue, Marine on St. Croix, MN 55047.
14
15 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the
16 Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated
17 July 18, 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 August 2, 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 corrected and Public Health requested that
29 the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council
30 and the Saint Paul City 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 heazing was held before the Legislative Hearing Officer of the Saint Paul Ciry
37 Council on Tuesday, September 17, 1996 to hear testimony and evidence, and after receiving
38 testimony and evidence, made the recommendation to approve the request to order the interested or
39 responsible parties to make the Subject Property safe and not detrimental to the public peace, health,
40 safety and welfare and remove its blighting influence on the community by rehabilitating this
41 structure in accordance with all applicable codes and ordinances, or in the alternative by
42 demolishing and removing the structure in accordance with all applicable codes and ordinances.
43 The rehabilitation or demolition of the structure to be completed within€i��e�e�-�}days after the
44 date of the Council Hearing; and -��u�l5�
y �-i1��
1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
2 September 25, 1996 and the testimony and evidence including the action taken by the Legislative
3 Hearing 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 conceming the Subject Property at 901 Payne 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 Properry.
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 corrected.
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 The Saint Paul City Council hereby makes the following order:
36
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 all applicable codes and ordinances. The rehabilitation or
44 demolition and removal of the structure must be completed within�_«."`-�days after the
.��.
45 date of the Council Hearing. -�;v��.��
46
: °Ic. .� ���
1 2. If the above corrective action is not completed within this period of time the Public Health,
2 Code Enforcement Program is hereby authorized to take whatever steps are necessary to
3 demolish and remove this structure, fill the site and charge the costs incurred against the
4 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code.
5
6 3. In the event the building is to be demolished and removed by the City of Saint Paul, all
7 personal property or fixtures of any kind which interfere with the demolition and removal
8 shall be removed from the property by the responsible parties by the end of this time period.
9 If all personal property is not removed, it shall be considered to be abandoned and the City
10 of Saint Paul shall remove and dispose of such property as provided by law.
11
12 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested
13 parties in accordance with Chapter 45 of the Saint Paul Legislative Code.
Y� Navs Absent Requested by Department of:
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� Form Approved by City Attorney
Adopted by Council: Date �M� . a S �q q
Adoption Certified by Council Secretary g : �,�/�V�tiVW-1
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BY� ° Approved by Mayor for Submission to
� Council
Approved ayor: e ►� , � 9 �
By:
��_ By: /G� �L
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0 IL pATE iN A D �± �� 3 2 5 4 6
���C Health OS-2 -96 t71�EEN SHEET . . __
�harles Votel 298-4153 ���ENT°x�E R m�� cmcouNCn. �"m��
A�{tiiN CITY ATTORNEY CITY CIERK
MU NCIL ( ���\ BUDOET DIREC'TO �flN.R MOT.8ERVICES aR.
September 2 5, 1996 °N0� "�^���ST��'�'► ❑
TOTAL#t OF SIGNATURE PAOES ,� (CLIP ALL LOCATIONS FOR 81QNATtfRE}
ACTION 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 reaolution, Public Health
is ordered to remove the building. The subject property is located at 90I Payne Avenue.
RE�OI�MEND�TION8:Ap�r°w(A)°r Ry�t tRl PER80NAL 8ERYICE CONTRACTS MUST ANSWEII TME FOLLOrY1N3 OUEaT10NS:
_PLANNNrG OOAA�MSSION �GVIL SEti1nCE COMM18810N 1. Hea thls penon/firm ewr vrorked undw a�t(o�thls�tflNflt��
_����� _ YES NO
_8TiAFF _ ' 2. Has ihfs peraon/ftrm ever bsen a oity employee4
,�S No �P��►�
—��T�RT — 3. Do�s this psrsorNfkm poaseae a sklll not normaly poeswssd by ?
8UPOORTS WN�H COUNCII�JECTIVE4 YES NO
e:p�.��.0�►...�.w.n o�«p..ae..h�.na.eaon m�...nIM�R'S OFFICf
��i�s�'�ng' s)' is a�u�s'ari�'ce�'ui�ing(s) as defined in Chapter 45 and a vacant building
as defined in Chapter 43 .of the Saint Paul L�gislative Code. The ownera, i�terested
parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 901 Payne Avenue by August 2, 1996, and have failed to
comply with those orders.
ADVANTAdEB IF APPROVED:
The City will eliminate a nuisance. RECEtVED
Counc� Ress�rch Ce►at�dr
SkP 06 r�ye AUG 27 1996
CITY ATTQR�IEY
D18ADYANTACiE81F APPROVED: _
The City will spend funds to wreck and remove this building(s) . These costs will be
assesged to the property, collected as a ,special assessment against the property taxes.
as�►ov�urr�oes iR Nar,wPaoveo:
A nuiaance condition will remain unabated in the City. This building(a) will continue to
blight the aomnunity.
$s,000 - Sio,000
TOTAL AMOUNT OF TRANSACTION i COST/REVENUE BUD�iETED(CIRCLE ONE) YE8 NO
Nuieance Housing Abatement 33261
FUI�IHd SOURCE ACTIVtTY NUM66R
FINANCIAL INFOpMATION:(EXPWN)
�� ` SAINT PAUL PUBLIC HEALTH
Nea!Noltan,MD., M.P.H., Director � � . , �1�
CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 612-298-4153
Norm Coleman, Mayor � .- ENFORCFr1g1VT
S55 Cedar Streer
Saint Paul,MN SS101-2260
�
August 23, 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:
901 Payne Avenue
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, September 17, 1996
City Council Hearing - Wednesday, September 25, 1996
The owners and responsible parties of record are:
Name and Last Known Address Interest ��� ���� ��,�
L & T, Inc. Fee Owner au G 2 7 1996
6825 Romeo Road
Woodbury, MN 555125-2421 �
--__ �..�,�.,�� _ , ._ _��
' Chucks Place Tax Payer
901 Payne Avenue
St. Paul, MN 55101-4001
Charles L. Hinze Owner
18509 Langly Avenue
Marine on St. Croix, MN 55047
� ` - � a��.
901 Payne Avenue
August 23, 1996
Page 2
The legal description of this property is:
Lot 10, Block 26, Chas. Weides Subdivision of Blocks 25 and 26 of Arlington
Hills Add. to St. Paul
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 man.ner as taxes.
' cerely;
_ -� �
� �
Re ta Weiss
Program Supervisor
Vacant/Nuisance Buildings Unit
Saint Paul Public Health •
RW: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
01-93
�I �.--�2� �a
MINUTES OF LEGISLATIVE HEARING
September 17, 1996
Room 330, City Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Estate;
Cathy Ries, Real Estate
Geny 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:
J9609A--Property clean up for May through mid July, 1996 �
J9609TDBC--Property clean up for May through mid July, 1996
J9609B--Boarding up of vacant buildings for May, 1996
J9609C--Demolition of vacant buildings for June, 1996
J9610B--Boarding up of vacant buildings for June, 1996
J9610C--Demolition of vacant buildings for July, 1996
SSA9609--Repair of sanitary sewer connections by Public Works for 1995
323 Case Avenne
Guy Willits, Public Health, reviewed the staff report and showed a video tape of the property.
Paul Vogelgesang, property owner, appeared and stated that he had purchased the properry on June 7,
1996. The previous owner had provided him with a summary abatement notice to clean up the property
which was dated June 5. He did not believe he was responsible for the assessment since the property had
been cleaned up.
Mr. Strathman stated that the assessment for the property clean up was done on May l, 1996 which was
previous to the date that he had purchased the property. It was the previous owner's responsibility to
disclose the pending assessment prior to or at the closing. Since the work had been done, he recommended
approval of the assessment. He suggested that he seek reunbursement for the assessment from th�previous
owner.
72 Concord Street
Mr. Willits reviewed the staff report and presented pictures of the property.
Thomas Lloyd, property owner, appeared and presented pictures as well as blue prints of the property.
He contended that he had complied with the original orders issued on April 30, 1996 to remove graffiti.
The remaining graffiti was on the rear of the building and was not visible to anyone, yet not even a half
of a bloek from his property, several buildings had graffiti which still remained. He believed he was
selectively targeted by Public Health since they were not enforcing clean up of other graffiti in this
neighborhood. When the inspector rechecked the property for graffiti, he believed that new orders should
have been issued.
Chuck Votel, Public Health, reviewed the inspector's field notes. The order specifically stated to remove
graffiti on the east and south walls of the building. The graffiti on the south wall had not been removed
by the property owner so a work order was sent to have this graffiti removed. .
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Minutes of Legislative Hearing
September 17, 1996
Page - 2 -
Mr. Strathman stated that since the work had been done, he recommended approval and reducing the
assessment to $100.
997 Farrington Street
Mr. Willits reviewed the staff report and showed a video tape of the property.
Cherrie Martin, property owner, appeared and stated that she had hired someone to remove the refuse and
they were in the process of cleaning out the garage when the City cleaned up the property. She stated that
they had also removed new siding which was to be installed on the house.
Mr. Strathman stated that the building was posted on May 10 and orders were mailed on May 13 to have
the refuse removed by May 18, 1996. The City did not remove the refuse until May 23 and he believed
that there had been adequate time to comply with the order. He recommended approval of the assessment.
218 Goodrich Avenue
Jim Sazevich and Thomas DesLauriers, property owners, appeared. Mr. Sazevich stated that the lime rock
sewer collapsed which ran from the house to the street. It was his contention that the City and/or State of
Minnesota were negligent in reconstructing the sewer on Smith Avenue as high-charged blasting was done
within a few feet from the sewer on Goodrich. He believed this blasting severely weakened the lime rock
sewer and that the City should have been aware of the problem after the sidewalk in front of his property
collapsed, however, they failed to explore the possible source of this collapse. When it was discovered
that the sewer line had collapsed, the City contacted them and recommended that the line be repaired
unmediately. The City suggested a contractor, the only contractor qualified to do the work, and this
contractor provided an estimate of $5,000 to $9,000 to repair the sewer. This contractor began the
reconstruction and approximately half way through the project, increased the amount of the bill to over
$20,000. The total amount, after reduction of engineering fees, was $18,039.35. They believed this was
outrageous and that the City should be responsible for the damage that had been caused.
Cecily Dewing, Public Works, stated that the contractor discovered that the drift, which goes from the
property to the street, had collapsed and it was necessary to hand-dig a new drift and drill a new clrill hole.
They then had to reconnect the sewer from approximately 10 feet deep. She did not believe that the
previous sewer work done on Smith Avenue had been the cause of this collapse.
Mr. Strathman stated that this matter was more of a legal claim and he suggested that they either pursue
this matter by filing a claim with the City Attorney's Office or pursue it through other court action. Since
the work had been done, he recommended approval of the assessment.
1028 Lawson Avenue E.
No one appeared; recommended approving the assessment.
�,16 Lawson Avenue W.
No one appeared; recommended approving the assessment.
9C� � 2 � �0
Minutes of Legislative Hearing
September 17, 1996
Page - 3 -
1254 Minnehaha Avenue W. �
Mr. Willits reviewed the staff report.
Brent Herman, property owner, appeared and stated that he did not dispute that the work had been done.
Mr. Strathman recommended approval of the assessment.
1318 Minnehaha Avenue W.
No one appeared; recommended approving the assessment.
�29 Summit Avenue
No one appeared; recommended approving the assessment.
$46 University Avenue W.
Mr. Willits reviewed the staff report and showed a video of the property.
Fitzgerald Steele, property owner, appeared and stated that a tenant in the building was in the process of
moving out and had left the refuse. He had made arrangements with his trash hauler to remove the refuse.
He did not believe that there was a large amount of debris and that the cost to remove it by the City was
too excessive.
Mr. Strathman stated that the owner had 20 days from the date that the order was issued to the date the
City cleaned up the property to remove the debris. Within that time, a trash hauler should have picked up
the trash at least twice. He recommended approval and reducing the amount of the assessment to $140.
1759 York Avenue
No one appeared; recommended approving the assessment.
Mr. Willits recommended laying over the following properties to the October 1, 1996 Legislative Hearing:
1129 E. Minnehaha and 328 Lexington Parkway.
2. Summary abatement appeal for 699 Blair A�enue; Jeff Gardner, property owner.
Mr. Willits stated that the work had been done, however, a record of the assessment was not available.
Jeff Gardner, property owner, appeared and stated that the work had been done by the City, however, he
failed to receive timely notice of the order. He presented a copy of the envelope which had been
improperly addressed and he did not receive it until three days prior to the compliance date. He phoned
the inspector and the inspector allowed him three additional days to clean up the property. He was unable
to complete the clean up within three days and the City removed the refuse.
Mr. Votel stated that the order to clean up the property had been posted and the inspector had talked to the
owner indicating when the work needed to be completed. The owner failed to remove the debris and the
City then cleaned up the property.
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Minutes of Legislative Hearing
September 17, 1996
Page - 4 -
Mr. Strathman stated that even though the envelope had been improperly addressed notifying the owner
of the order, the City had contacted the owner and the work had been dane. He recommended denying
the appeal.
3. Summary abatement appeal for 459 Lafond Avenue; Ber Xiung, property owner.
The matter was resolved prior to the hearing.
4. Resolution ordering the owner to remove or repair the�referenced building, located at Q,�55
�urora Avenue. 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 received communication from Ron Pauline, representing the
Aurora St. Anthony Development Company, and it was their desire to have the building demolished. Mr.
Votel recommended amending the order to have the building removed within five days.
The property owner did not appear.
Mr. Strathman recommended approval and amending the order to have the building removed within five
days.
5. Resolution ordering the owner to remove or repair the referenced building, located at �
Butternut 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 current owner of the properiy was the Veteran's Administration
and there had been no communication from them as to their intentions for the property. He noted that a
code compliance inspection had been done on September 10, 1996. The estimated cost to repair the
building was $30,000.
�
The pro�erty owner did not appear.
Mr. Strathman recommended approval of the order to demolish.
6. Resolution ordering the owner to remove or repair the referenced building, located at $�
Jessamine 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 was condemned in August, 1995 and had been vacant
since that time. A code compliance inspection had been done in November, 1995 and a bond had been
posted on November 17, 1995. That bond expired in May, 1996 since the project had not been completed
and no new bond had been posted.
Robert Liebman, attorney representing the property owner, Mark Babcock, appeared and stated that the
owner had made $15,000 worth of repairs to the building. Tenants had done a significant amount of
. . �C� - �2 � �O
Minutes of Legislative Hearing
September 17, 1996
Page - 5 -
damage to the property and the owner worked with Public Health to have the property condemned in order
to remove the tenants in August, 1995. Since that time, the owner had diligently worked at repairing the
building. He did, however, suffer a family crisis during which time he was unable to devote time towards
repairing the building. When the inspector met with the owner to discuss a timeline for completing the
remaining work, the owner indicated that he believed he could have the work completed within one month.
When the work was not completed within that month, the inspector declared the property a nuisance. It
was the property owner's intention to have one of the units completely repaired within 30 days and the
second unit repaired within 90 days.
Mr. Babcock, property owner, stated that he had never posted a $2,000 bond to make the repairs. Mr.
Votel reviewed his records and stated that he had no record of a bond being posted.
Mr. Strathman stated that if the $2,000 bond was posted and valid permits obtained by September 25,
1996, he would recommend the owner be given 90 days to complete the necessary repairs.
7. Resolution ordering the owner to remove or repair the referenced build.ing, located at Q4.�.
�ame Avenue. If the owner fails to comply with the resolution, Public Health is ordered to
remove the build.ing.
Mr. Votel reviewed the staff report. The building had suffered major fire damage and it was the
neighborhoods desire to have the building removed. He requested that the resolution be amended to have
the building removed within five days.
The property owner did not appear.
Mr. Strathman recommended approval and amended the order to have the building removed within five
days.
8. Resolution ordering the owner to remove or repair the referenced building, located at �
�
Reane�Avenue. If the owner fails to comply with the resolution, Public Health is ordered
to remove the building.
Mr. Votel reviewed the staff report. He stated that there had been no communication from the property
owner as to their intentions concerning the property. He pointed out that a code compliance inspection had
been done in June, 1996.
The property owner did not appear.
Mr. Strathman recommended approval of the order to demolish.
9. Resolution ordering the owner to remove or repair the referenced building, located at $75
Marion Street. If the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
Mr. Votel reviewed the staff report. There had not been any current contact with the owner as to her
. , �� rl � i�
Minutes of Legislative Hearing
September 17, 1996
Page - o -
intentions concerning the property. It was his opinion that the building was not worth repairing.
The property owner did not appear.
Mr. Strathman recommended approval of the order to demolish.
10. Resolution ordering the owner to remove or repair the referenced building, located at $�
Edmund 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 condemned in 1994 and had been vacant since
that time. There had been eight summary abatement orders issued against the property. The registered
vacant building fee had not been paid and the $2,000 bond had not been posted. A code compliance
inspection was done on July 5, 1996. The estimated cost to repair the building was $25,000.
Paul Yang, property owner, appeared and stated that he had purchased the building from the Veteran's
Administration and had been unaware that the building had been condemned. He was in the process of
obtaining bids to repair the roof and planned to complete repairs to the building.
Mr. Strathman recommended the owner be granted 180 days to complete the repairs to the building if the
$2,000 bond was gosted, the registered vacant building fee was paid and the ne essary permits were
obtained by September 25, 1996.
Meeting adjourned at 11:45 a.m.
y Stra , Legislative Hearing Officer
�