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01-353Council File # �/ �5.3 C��li�+`�L C . Presented By Referred To Green Sheet # /Da335L RESOLUTION SAINT PAUL, MINNESOTA �� Committee: Date 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame, brick structure located on property hereinafter referred to as the "Subject Property" and commonly laiown as 843 Rice Street. This properry is legally described as follows, to wit: Lot, 1 EXCEPT street and All of Lot 2, Block 3, McKenty's Out Lots to Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before November 15, 2000, the following are the now lrnown interested or responsible parties for the Subject Properiy: Xcel Energy, 414 Nicollet Mall, 7`� Floor, Mpls., MN 55401, Attn: Lori R. Pagel; Harris Trust & Savings Bank, Trustee, c/o Bank of New York, 2 North LaSalle Street Ste. 1020, Chicago, IL 60602, re: Xcel Energy; Burlington Northern & Santa Fe Railway, 176 Sth Street East, St. Paul, MN 55101, re: case #62C397002622 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated January 8, 2001; and WIIEREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by February 7, 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the rime, date, place and purpose of the public hearings; and WIIEREAS, a hearing was held before the Legislative Heasing Officer of the Saint Paul City Council on Tuesday, March 20, 2001 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its biighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternarive by demolishing and removing the structure in accordance with all applicable codes and ardinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and �/-��.3 1 WHEEREAS, a hearing was held befare the Saint Paul City Council on Wednesday, Apri14, 2001 2 and the testimony and evidence including the action taken by the Legislative Hearing Officer was 3 considered by the Council; now therefore BE IT RESOLVED, that based upon the testixnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 843 Rice Street: 1. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2. � � 7 :� That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the l�own interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. •'� • The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. O/-.�s� , �� ` i�i`�L � '..;�:i� € 1 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 2 property or fixtures of any kind which interfere with ttxe demolition and removal shall be removed 3 from the property by the responsible parties by the end of this tune period. If all personal property 4 is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and 5 dispose of such property as provided by law. 6 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date [1 �__ S �o o � '_- Adoption Certified by Council Secretary Requested by Department of: Citizen Service Office; Code Enforcement By� V'r�%�''~'�'� �,pa�"'� �ti`�C�`. Form Approved by City Attorney By: � . � ,..� � f� By: .,�V l.E t�V'✓1� f/t . �c�a- � —� � Approved by Mayor: Dat � B ��'/!// Approved by Mayor for Submission to Council �.I By: � /Lt,' L-_� ;" O/-.�� Division of Code Enforcement 02/23/Ol �� Michael R. Morehead 266-8439 � � MUST BE ON COIRJCILAGH�DA BY (Mlq � Wednesday, Apri14, 2001 ��- �� m �`� aoumw axoet TOTAL # OF SIGNATURE PAGES GREEN SHEET �..�.�,� N � �� arcwtraear ��Lf� ❑arcuac wuxowaExxessa� ❑ wurrytama�ccra � MYOR(OItYOilAM1) � (CUP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) Yo remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Cirizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject properry is located at 843 Rice Street. w PLANNING COMMISSION G8 COMMITTEE CIVIL SERVICE COMMISSION Where.WhY) Fias this P�� e.er vaiked under a wnUaU for Mis Oepartment� VES NO Fias t� P�+�m+ever been a ary emqoyee9 YES No Dcec Uxs Pe�saMrm P�as a sidN nd nanWryW� bY anY curtent cit�/ emDbf'ce7 YES � Islhispe�saJfinnatargetetivendo(! ' YFS NO �lain all wt answers an aeoaate sheet aM attach to arcen sheet This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 843 Rice Street by February 7, 2001, and have failed to comply with those orders. _.•-. �. The City will eliminate a nuisance. FEB 2 g 2001 MAYflR'S fl�Fiu� FE� 2 P 2��a ci ��o�� )ISr1DVANTAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properry, collected as a special assessment against the properry tases. )ISADVANTAGES IF NOT APPROVED � A nuisance condifion will remain unabated in the City. This building(s) will continue to blight the comxnunity. AMOUNT OF TRANSACTION coarmEVaueeuoeerEO�anc�oN� (res� } No \ . � ' • � t • � � . " u ' � _ - • ��7wG; s.�+ s.piina ��;a, � �%, � �� „ :- REPORT a�- �s� Date: Angust 21, 2001 Time: 10:00 am. Place: Room 330 City Hall 15 VJest Kellogg Boulevazd LEGISLATIVE HEARING Gerry Sirathman Legislative Hearing Officer Laid Over Sim�mary Abatement: J0104AAA Properiy Cleanup at 32� Winifred Street East (Note: the City Councii refeaed this address back to the Legislative Hearing Officer.) Legislative Hearing Officer recommends approval of the assessment. � 2. Resolution ordering the owner to remove or repair the property at 843 Rice Street. If the owner fails to comply with the resolurion, Code Enforcement is ordered to remove the building. (Laid over from 7-17-01) Legislative Hearing Officer recommends approval. Resolutic+n ordzring the owner to remove or repair the property at 60 Rose Avenue East. If the owner faiis to compiy with tite �esolution, Code Enforc�menx is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation of this property. 4. Resolvtion ordering the owner to remove or repair the properry at 63 Atwater Street. If the owner fails to compiy with tfie resolution, Code Enforcement is ordered to remove the �uilding. Legislative Hearing flfficer recommends approval. rrn MINUTES OF Tf� LEGISLATIVE HEARING Tuesday, August 21, 2001 0�— 3 S3 Gerry Strathman, Legislative Hearing Officer Room 334 Courthouse The meeting was called to order at 10:07 am. STAFF PItESENT: Roxanna Flink, Real Estate; Steve Magner, Code Enfoicement Laid Over Summary Abatement: J0104AAA Properfy Cleanup at 327 Winifred Street East (Note: the City Council has referred this address back to the Legislative Hearing Officer.) Khala Kim, owner, aPPeazed. Gerry Strathman asked what was her concern regarding this assessment. Ms. Kim responded she did not have any concem. Mr. Strathman stated this was a chazge for a cleanup at this property. He understands that she called Councilmember Chris Coleman's office and raised an objection to this charge. Ms. Kim responded she called Nancy Homans (Mr. Coleman's Legislative Aide) because she missed a date to attend a previous legislative hearing. Mr. Stratl�an asked did she understand this was an assessment for $448.50 and did she understand what was done. Ms. Kim responded she did not understand. (A videotape was shown.) Mr. Strathman stated the chazge levied is for the cost of the cleanup. She should have been notified beforehand to do it. When it was not done, a City crew did it. He will recommend ihe assessment be approved, and she will be notified in a few weeks about how to pay the assessment. Ms. Kim asked dces she 13ave Yo pay right now. Mr. Strathman responded Roxanna Flink can explain fo her how the payuYent optiaaes work. Gerry Strathman recommends approval of the assessment. Resolution ordering the owner to remave or repair the property at 843 Rice Street. If the owner faiLs to comply witL the resolution, Code Enforcement is ordered to remove the bnilding. (Laid over from 7-17-01) {No one appeared to represent the owner.) Gerry Strathman stated he received a letter dated August 20, 2001; from Gina L. Bulloch, Xcel Energy, Airector of Corporate Real Estate. Ms. Bulloch wrote that Xcel Energy is continuing to work with the title insurance company to obtain a marketable title and continuing to work with North End Area Revitalization in execution of a purchase agreement. o i -'� s� LEGISLATIVE HEARING MIN[JT'ES OF AUGUST 21, 2001 Page 2 Tkus matter has been before him for hearings on two previous occasions, stated Mr. Strathmau. On both occasions, he recommended coniinuing the matter in order to allow Xcel Energy to cleaz up tifle problems and complete the sell to this prospective buyer. Tlus has gone on way too long. Xcel Energy should have been able to clear the tifle and should have been able to close this purchase agreement. Gerry Strathman recommended approval of the resolution. Resolnrion ordering the owner to remove or repair the property at 60 Rose Avenue Eask If the owner fa�s to camply with the resolution, Code Enforcement is ordered to remove the building. The followin� appeazed: David Cobb, owner, Charles Cox, attorney, 676A Butler Square, Minneapolis. Steve Magner reported this building has been vacant since 2-23-01, after there was a fue at the building. The current owner is David S. Cobb, who purchased the building after the original fire. There has been one summary abatement notice issued to remove refuse and secure the basement window. On 7-9-01, an inspection of the building was conducted and a list of deficiencies wluch constitute a nuisance condition was developed and photographs were taken. This inspection occurred after a second fire in the beginning of July. An order to abate a nuisance building was issued on 7-i 1-01 with a compliance date of 7-23-01. The City has had to board the building. The vacant building registrarion fees have been paid. Estimated mazket value on the structure is $52,300; estimated mazket value of the land, $9,900; estimated cost to demolish, $8,000 to $9,000. The cost of the repairs aze in question. It will be high due to the damage. 'There was a code compliance inspection done on the buiiding 7-23-01. The owner posted a$2,000 bond on 7-19-01. Mr. Cox stated that Mr. Cobb is in Yhe business of rehabilitating distressed structures. He has over 20 yeazs experience in the fieTd and has rehabilitated a number of houses within the City. In the last five years, many of those have been structures with fire damage. He has obtained bids for mechanical, electrical, and plumbing work to be done on the praperry. He has worked with these contractors in the past. He has not yet obtained a structural engineer for this project because he is wai6ng to see if he is allowed to repair tlris structure before money is laid out for a retainer, which is required by the structural engineer. He also has a fmancial package in place for the property. Mortgage has been approved for the amount of $65,000, which Mr. Cobb believes will cover the cost of 8ne regaus. He believes he can have 90% of the necessary work done by the end of Novembet� The balance will be done by Pebruary of next year. Last point, Mr. Cobb does intend to instali a security system in the property while the rehabilitation is being done because of two fires that have been set on the properry. Mr. Strathman asked were the two fires azson. Mr. Cobb responded yes. Mr. Cobb stated he has been in communication with an engineering firm. 1'}iey will do the structural engineering of the house. They have had prints made up, which will be submitted to the o�-'� S3 LEGISLATNE HEARING MINUTES OF AUGUST 21, 2001 Page 3 City after the engineer has added changes as to what he wants done. Mr. Cobb has received bids for plumbing, heating, and eleclrical, which run appro�timately $6,000 each. He has been approved for a mortgage for the rehabilitation. He has worked with the City in tfie pas� stated Ivir. Cobb. I�e has been appointed by Mayor Coleman oa the Overnight Shelter Board in 1994; he has a letter of endorsement from the chairman of that boazd He has a letter from Wilder Foundation about the work he has done. He also has a letter from the Communiry Stabilization Project Mr. Strathman asked what the long term plans aze. Mr. Cobb responded to rehabilitate the property and sell it. He pwchased it for $12,000. He has with him photographs of previous properties he has tebabilitated. George Stuber, 62 Rose Avenue East, appeared and stated he lives nest door to this property. He called the fire department fwice on tlus properiy. This property has been in his wife's fanuly since the 1950's. It was sold in 1994. It had been in reasonably good condition He could not get a first mortgage due to the dry rotted floor beams. It was sold on a contract for deed and sold again but they had to take a deep discount. The new buyers did nothing but destroy the building for 6Yz yeazs. It burned on 2-1-01 from a faulty space heater. According to Code Enforcement, it was scheduled to be demolished when a new buyer came along. On 7-2-01, a huge fire buzned through ihe complete house and through the roof. It is time for the house to go, says Mr. Stuber. It does aot fit into the azea because it is the only 1870 building out there. Councilmember Jim Reiter said this would make a good vacant lot. Mr. Stuber stated he does not think someone can make this a decem property with $60,OOQ. Other houses in the azea were built in the 1940's and set back from the street. This properry is right against the property line. The retaining wall was taken down in the last couple of days. (Mr. Siuber submitted photographs for the record.) The foliowing appeazed: Marie Wadell, 33 Langer Circle, VJest Saint Paul, and her sister Dorothy Stuber, 62 Rose Avenue East. Ms. Wadell read a statement from Ms. Stuber. Ms. Stuber wrote the properry is dangerous, unsound, and not repairable. The walls and ceiling have begun to crack aud fall. Stucco has been put on top of old asphalt siding. The basement has limestone waiis that aze cracked and peeling. The floor joists have dry rot. It has been almost seven months since the first fire and not muc� has been dane to the pxoperty, Their properry values have decreased. Ms. Wadell stated the Siubers have a lot of damage on theu home from 60 Rose. Her concern is that a strict time line is followed. (A copy of the petition plus photographs were submitted for the record.) Michael Swiflca, 61 Rose Avenue East, appeazed and stated that 60 Rose is a burned out shell. After the second fire, he asked Mr. Magner why the properry was not demolished, and Mr. Magner said Mr. Cobb has the right to renovate the property. However, stated Mr. 5wifka, Mr. � � � s3 LEGISLATiVE HEARING MIIJUTES OF AUGUST 21, 2001 Page 4 Cobb does not live in the neighborhood. He is irying to make a profit after a structure ti�at is beyond salvaging. How he can make money on this properry is beyond him. Mr. Cobb has owned the property since mid Mazch. There had been no improvements made to tlus property before the second fite. �e Stubers have a house thai iooks im,,,��_ During the second fire, it started melting the siding on the Stubers house. Mr. Switka stated this eyesore should be demolished. Tim Mueller, 1568 Myrtle Street, appeared and stated he has been involved in the building trades for over 40 years, and involved in rehabilitating homes and building new ones for over 30 years. His wife's parents tried to keep the property up because the property was over 100 yeazs old. The underside of that home had dry rot over 20 yeazs ago. There is an old cistem that is underneath half of the basement. The stucco was installed poorly over the original siding. The house is inily a loss. He cannot believe a man can financially rehabilitate that house coaecUy, do it safely, take out Yhe bamt wood, put that place together again, and have a good safe home that would be attractive and reasonably comglementary to the neighborhood. Clazence Roban, 57 Geranium Avenue East, appeared and stated he agrees with the other comments from Iris neighbors. He is concerned about the Stubers that live nea�t dooz to 60 Rose. Mr. Strathman asked did Mr. Cobb have any comments to make in response. Mr. Cobb responded that he also has a petition signed by five neighbors asking the City to allow him to rehahilitate flie structure. He just got the petition going yesterday after hearing that Mr. Stuber had a peUtion. The work done so faz is demolition work on the inside and getting rid of the fire damage on the outside. He tore down the porch and back 1/3 of the house, the damaged retaining wall is gone, the roof is off of the house, and he has plating material securing the walls of the house to the flooring so lhat the house is not damaged by wind racking the frame. He has not had a crew af cazpenters redoing the house because he wants the hearing to give him indication that he can rehabilitate before he spends thousand of dollars. All work wiil be done according to code. A large part of the cost of the rehabilitation is his labor. He is a licensed contractor and he has done many houses. Mr. Strathman asked about the dry rot and the cistern under the buiiding. Mr. Cobb responded a11 that will have to be removed during the rehabilitation of the structeue. Aiso, this house has historic desigaation due to its age and the fronY �rch detaiis. Iie is eapioring the possibility of putting it on the historic register. Mr. S#raYhman asked is it in the historic preservation district. Mr. Magner responded it is not. Mr. Cobb stated he has a statement from a neighbor that there is a group in the azea that wants the house bumed down. Upon being asked how the security system will be installed, Mr. Cobb responded the garage electrical system is intact. An electrician will energize the electrical system in the gazage and he will bring one line of power to the house. There will be a motion sensor in the house. o,.�s3 LEGISLATIVE HEARING MINiJTES OF AUGUST 21, 2001 Page 5 Mr. Magner read a fire report into the record dated 7-20-01. This report is a supplement to the code compliance report dated 3-5-01. It stipulated what needed to be done. In addition, the owner will have to bring the plumbing, electrical, heating up to minimum standards, If the fire had not been put out at the time, the fire department would have had the building raised immediately at the time of the fire. Based on the fire department's belief and the subsequent inspection of the properry, it was deemed that it was noY an immediate hazard and not going to fall down; however, it created such a nuisance in the community, it was brought to this fonun so the community and the owner could bear any issues. In Mr. Magner's opinion, to rehabilitate this building is going to be cost prohibirive unless the owner is doing the majority of the work and is willing to consider his sweat equity as his profit out of the property. Mr. Strathman stated Mr. Cobb is a legitimate owner of the property, and has plans to rehabilitate it. Mr. Strathman understauds that people may have different opinions about whether something is economically viable; however, he daes not tiunk the City can substitute his judgement and the City Council's judgement for someone's business judgement. If Mr. Cobb is mistaken in his assessment of the economics of this, he is the one that will bear the consequence of that mistake. The owner is fully aware of the risks of this enterprise and the challenge before him. It is also clear the property is a disturbance to the neighbors. It will continue to be one because rehabilitation is not instantaneous. While Mr. Stratl�man believes that Mr. Cobb needs an opportunity to do this, the City has to set a rime line for him to accomplish this. Because he has met all the legal requirements--paid the vacant building fee, obtained a code compliance inspection, g�d the $2,OQ0 bond which could be forfeited if he does not fulfill his obligations--the City does not have any choice but to allow him sis months to complete his rehabilitaYion. As Mr. Cox referenced, if Mr. Cobb is more than 50% done within six months, he can apply for an additional six months. Gerry Strathman recommends granting the owner six months to cornplete the rehabilitation of tlus property. Resolution or+lering tLe a�vner to remove or repair the property at 63 Atwater Street. If the owner fails to comply, Code Enforcement is ordered to remove the buiiding. (No one appeared to represent the property.) Steve Magner reported this property was condemned June 2001 and has been vacant since 6-26-01. The owner is Atwater Investment Company. Two summary abatement notices have been issued to remove refuse, and secure the building. On 7-1-01, there was a fue that caused substantial damage to the groperiy. Because of this fire, an inspection of the building was conduc#ed on �-9-01, a iist of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on �-11-01 with a compliance date of 7-23-01. Vacant building fees aze due. Real estate taYes aze paid. Estimated mazket value is $43,200 on the shucture and $7,500 on the land; estimated cost to demolish, $8,000 to $9,000. The repairs aze in excess of $100,000. ot� 3S3 LEGISLATIVE HEARIN('i MINUTES OF AUGUST 21, 2001 Page 6 Mr. Magner received a phone call from Bob Neeser from Atwater Investment Company. His message was he would be at work and cannot attend the meeting. He is waiting to here from his insurance company; they will repair the building or tear it down. Mr. Neeser did not leave a phone number. He was served papers personally conczining this legislative heariug and the City Council pub&c hearing. A vacaut building notice, ord� to abate the nuisance, and the summary abatement have been posted on the properiy, and were still there the other day when the property was inspected. This has been a problem property for a number of years. Gerry Shathman recommended approval of the resolution based on the information provided by Code Enforcement, the review of the photographs, and absent any testimony from the owner. The meeting was adjourned at approximately 11:00 a.m. � o�-�s� REPORT Date: July 17, 2001 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislafive Hearing Officer Laid Over Summary Abatements: JO l SNO W 1 Snow and/or ice removal at 1002 Carroll Avenue; J0102C1 Demolition at 1093 Seventh Street West and 520 Bav Street; J0102BB Boardings-up at 664 Edmund Avenue and 729 Edmund Avenue; J0103AA Property clean up at 729 Bdmund Avenue. 664 Edmund Avenue (J0102BB) Legislative Hearing Officer recommends approval of the assessment. 729 Edmund Avenue (J0102BB) Legislative Hearing Officer recommends approval of the assessment. 729 Edmund Avenue (J0103AA) Legislarive Hearing Officer recommends approval of the assessment. 1093 Seventh Street West, 520 Bav Street (J0102C1) Legislarive Heazing Officer recommends approval of the assessment. 1002 Carroll Avenue (301SNOW1) Legislative Hearing Officer recommends delering the assessment. 2. File JOl Si 7MA - Laid over sununary abatement far 916 Minnehaha Avenue East. Legislative Hearing Officer recommends approval of the assessment. 3. Summary Abatements: J0104A Properry clean-up during April and May 2001; J0103C Demolition of buildings during April and May 2001; J0103B Boazding-up of vacant buildings during Mazch and Apri12001; J0104V Towing of abandoned vehicles from private property during January 2001. 916 Minnehaha Avenue East (J0104� Legislative Hearing Officer recommends reducing the assessment to $500 plus the $45 service fee for a total assessment of $545. LEGISLATIVE HEARING REPORT FOIt JULY 17, 2001 349 Cook Avenue East (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1612 Alameda Street (70103B) Legislative Hearing Officer recommends approval of the assessment. 905 Iroauois Avenue (70103B) Legislarive Hearing Officer recommends approval of the assessment. 650 Aurora Avenue (J0104A) Legislative Hearing Officer recommends approval af the assessment. 597 Blair Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 1910 Chelton Avenue (J0104A) Legisladve Heazing Officer reeommends approval of the assessment. 157 Front Street (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1660 Davton Avenue {IQ104A) Legisiative Hearsng Qfficer recommends deleting the assessment. 122 Lvton Place (J0104� Legisiative Hearing Officer recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) Legislative Hearing Offic.�r r�commends approvai of the assessment. e � -�sS Page 2 515 Nevada Avenne East (701fl4A) Legislative Hearing Officer recommends reducing the assessment to $250 plus the $45 service fee for a total assessment of $295. 164 Robie Street West (J0104A) I,egisiatfve I�eaTing Officer r�commends apgRaval of the assessment 327'�l'�ifrrd S�cet Fast �JQ1Q4A) Legisla�e Hqring O�c� a approval �f ihe assessment. 1744 Carroll Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. o►-�s3 LEGISLATIVE HEARIlVG REPORT FOR JLTLY 17, 2001 Page 3 1 Q75 Portland Avenue (J0104A) Legislative Hearing Officer recommends laying over to the July 24, 2001, Legislative Hearing. G �� Resolution ordering ihe owner to r�ove or repair the building at 843 Rice Street. If the owner fails to comply with t{ie iesaiution, Coc�e Fax€csrcemeni is ordered to remove the building- (Laid over from 6-5-01) Legislative Hearing Officer recommends laying over to the August 21, 2001, Legislative Hearing to allow time for closing of sale to NEAR (North End Area Revitalization, Inc.). 5. Re�lutiaa ordering the owner to remove or repair the building at 790 Selby Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends the owner be given six months to complete the rehabilitation of the properry on condition f}sat the owner apply for a code compliance inspection by noon of Tuly 25, 2001. � � �' ��Tly Date: June 5, 2001 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer 1. Resolution ordering the owner to remove or repair the building at 855 Woodbrid�e Street. If the owner fails to compiy, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation of the properry on condition that the following is done by noon of June 27, 2001: post bond and pay the vacant building fees. � 2. Resolution orderiag the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply, Code Enforcement is nrdered to remove the buildiug. (Laid over from 3-20-01) Legislative Hearing Officer recommends laying over to the July 17, 2001, Legislative Hearing. � MINUTES OF TI� LEGISLATIVE HEARING Tuesday, June 5, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 14:02 a.m. STAFF PRESENT: Jason Broberg and Steve Magner, Code En£orcement liesolution ordering the owner to remove or repair the building at 855 Woodbrid�e Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. Steve Magner reported this building has been vacant since 5-3-96. The current owner is Steven C. Johnson, who has sold it to John W. Nelson. There have been ten summary abatement notices to secure doors and windows, remove rubbish, cut tall grass, remove snow and/or ice. On 4-6- Ol, an inspection of the building was conducted, a list of deficiencies which consfitute a nuisance condition was developed, and photographs were taken. As of this date, the property remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building registration fees are due. Real estate tases aze unpaid in the amount of $655.20. Estnnated mazket value is $12,500; estimated repairs, $34,000; estimated demolition, $6,000 to $7,000. A code inspection has been done. A bond has not been posted. Mr. Magner stated John W. Nelson pulled a bond, the matter went to the City Council, and Mr. Nelson was given 180 days to repair or remove the properiy. He failed to complete the work, the bond was forfeited, and given back to the City. Mr. Nelson contacted a lawyer, and the lawyer worked out an agreement to post a new bond. Again, he was given 180 days, and that bond was forfeited to the City. In 2000, Code Enforcement requested the owner post a new bond, and that bond was forfeited. Therefore, three bands totaling $6,000 haue been put against this properry and forfeited to the City. There still is not compliance with this properry. Mr. Magner went on to say the owner has installed siding, and worked on three sides of the building. The interior is gutted. There are a few stud walls. The building is far from rehabilitated. This issue is going on five yeazs now. John W. Nelson, owner, appeared and stated he intends to homestead as soon as possible. This turned out to be a bigger issue than he thought. He has been slow rehabilitating the property, and it has cost him deazly. He has rebonded as of yesterday. In the last few weeks, he has done a lot. (Mr. Nelson showed a photograph that he took yesterday.) Mr. Strathman stated the properry looks better. Mr. Nelson stated the electrical has been redone. He has worked on the roof. He would like to get the pernuts, get a certificate of occupancy inspection, and occupy it by the end of July. The taz�es were paid last week. Gerry Strathman stated he will recommend the owner be granted six months. Tf tlris matter comes back again, Mr. Strathman will recommend approval of the resolution. Mr. Magner stated LEGISLATIVE HEARING MINIJTES OF .iLTNE 5, 2001 Page 2 he would like to see the vacant building fees paid, the bond is posted, and all needed pernuts pulled by the City Council date. Gerry Strathman recommended the owner be granted siY months to complete the rehabilitation of the properry on the condition that the following is done by noon of June 27, 2001: post a bond and pay the vacant building fees. Resolution ordering the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 3-20-01) Gerry Strathman stated he held a hearing on this before, and would like to know where they are with this bwilding. Lori Pagel, representing Xcel Energy, appeazed and stated one issue needs to be resolved, and they are working with the 6tle company to resolve that issue. Hopefully, that will be done without a major delay. Once they have the title, they are determined to sell the properry. There aze two interested purchasers now. Mr. Strathman asked when she expects to have title and when it will be sold. Ms. Pagel responded they have given the title company to July 5 to haue clear title. Steve Magner reported the properiy has been secuzed duzing the recent inspection. A siunmary abatement was issued to cut tall grass in the last two weeks. Xcel Energy, formerly NSP, is the holder of the property. They are next door to this property. Mr. Magner is unclear of the item left to do on the title. Also, he wondered if they could sell the building today or start the work on the building before clearing the title. Ms. Pagel stated both sellers want to rehabilitate the building to make it useful. Wa11y Nelson and NEAR (North East Area Revitalization) aze two interested parties. Wally Nelson, Renovation Inc., appeazed and stated he has been negotiating with Xcel Energy for a few months. There is a cash offer on the table. The title issue is not really an issue. He would buy it tomonow and start the rehabilitation process in a week or two. Ms. Pagel responded Mr. Nelson has made offers. The remaining issue is an unsafisfied mortgage of record. If Xcei were to buy the properry, they would deduct that mortgage amount from their price, which is fine. Ms. Pagel plans to go with the title insurance. Mr. Strathman asked if they intend to sell it to someone once they get the title issue resolved Ms. Pagel responded yes. Mr. Strathman asked will they take caze of the exteriar maintenance. Ms. Pagel responded that should have been taken care of. LEGISLATIVE HEARII3G MINUT'ES OF J{ JNE 5, 2001 Page 3 Mr. Strathman laid over this matter to the 3uly i917, 2001, Legislative Hearing. Aopefully, the matter will be resolved by then, and the title will be cleaz. He will not continue the matter beyond that day. Mr. Magner added that at the 7uly -i-617 hearing, he would like to see the new owner post a bond, have a team inspection completed, and be ready to get the permits to start workiug on the building. Ms. Pagel responded if the maiter is not to the point where she can transfer tifle, she does not believe Xcel would rehabilitate it. They would be more likely to demolish it. Other peopie in the Ciiy and the area would like the property 2o be zehabilitated instead of demolished. (Note: this matter was laid over to July 10 at the Legislafive Hearing; however, that meeting has been cancelled. This matter has now been laid over to July 17 instead. Ms. Pagel and Mr. Nelson were notified via phone and letter.) The meeting was adjourned at 10:21 pm. rrn d/-.�� .3�� Date: March 20, 2001 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Summary Abatements: File JQ1Q1C Demolition of vacant buildings during the monUvs of November and December, 2000; File JOIBDIJP Boazding-up of vacant buildings thru June and October, 2000; File 70101 G Grass cutting (by private contractor) during the months of August, September, and part of October, 2000; File JO 101 V Abandoned vehicles towed from private property during June thru September, 2000; and File JOl SiJM Properly clean-up during the months of August, September, October, November and/or December, 2000. 1069 Greenbrier Street (JOl SLTIvn Legisiative Heazing Officer recommends approval. 827 Aurora Avenue (301 SIJiv� Legislative Hearing Officer recommends approval. 600 Weils Street (JOIBDUP) Legislative Hearing Officer recommends approval. 970 Geranium Avenue East (JOIBDUP) Legislative Hearing Officer recommends reducing the assessment from $234.80 to $100 plus the $45 service fee for a totai assessment of $145. 226 Winifred Street East (dO iBDUP) Legisiative Hearing Officer recommends approval. 891 Rice Street/a.k.a 889 Rice Street (JOIBDUP) Legislative Hearing Officer recommends deleting the assessment. 1182 Reanev Avenue (JOIBDUP) Legislative Hearing Officer recommends approval. 1094 Reanev Avenue (JOIBDUP) Legislative Hearing Officer recommends approval. ///-�5.� LBGISLATIVE HEARING REPORT OF 3-20-2001 1830 St Clair Avenue (JOIBDUP) Legislative Heazing Officer recommends approval. 934 Rice Street (JOIBDUP) Legislative Hearing Officer recommends approval. 136 Wilder StreetNorth (JOiBDUP) Legislative Hearing Officer recommends approval. 499 Sherbume Avenue (JOIBDUP) Legisiative Hearing Officer recommends approval. 559 Asbutv Street (JOl SUM) Legislative Hearing Officer recommends approval. 651 Blair Avenue (JOl SLTI� Legislative Hearing Officer recommends approval. 664 Blair Avenue (JOl SLTM ) Legislative Hearing Officer recommends approval. 18I8 Blair Avenue (301SUPv� Legislative Hearing Officer recommends approval. 1615 Charles Avenue (70101 V) Legislative Hearing Officer recommends approval. 979 Chazles Avenue- (JOl SUM) Legislative Hearing Officer recommends approval. 877 Charles Avenue (JO101� Legislative Hearing Officer recommends deleting the assessments. 887 Conwav Street (JO101� Legisiative Hearing Officer recommends deleting the assessment. 740 Edmund Avenue - Vacant Lot (701SUMj Legislative Hearing Officer recommends approval. , b38 Fuller Avenue (JOISUIvn Legislative Aearing Officer recommends approval. Page 2 O1-�s.� LEGISLATTVE HEEARING REPORT OF 3-20-2001 785 Hawthorne Avenue Fast (JOlO1V) Legislative Hearing Officer recommends approval. 634 Iglehart Avenue (JOISUM) Legislative Hearing Officer recommends approval. 1116 Jenks Avenue (JO101 � Legisiative Hearing Officer recommends approval. 1075 Jessamine Avenue East (JO1S[3M) Legislative Hearing Officer recommends approval. 596 Laurel Avenue - Vacant Lot (70101� Legislative Hearing Officer recommends deleting the assessment. 653 Lawson Avenue East (JO1StJM) Legislative Hearing Officer recommends agproval. 544 Minnehaha Avenue West (JOl SLTM) Legislative Hearing Officer recommends approval. 37i Pascal Street South (JOISIJI� Legisiative Hearing Officer recommends approval. Page 3 1835 St. Clair Avenue (J01 SL71vn At the request of Code Enforcement the Legislative Hearing Officer recommends laying over to the Apri117, 2001 Legislative Hearing and the April 25, 2001 City Council meeting. 706 Thomas Avenue (JO101 V) Legislative Hearing Officer recommends approval. 44Q Wheeler Street North (JQ1Si.TM) Legislative Heating Officer recommends approval. 6l1 Whitall Street (JO101� Legislative I3earing Officer recommends reducing the assessment from $1,828.70 to $1,200 plus the $45 service fee for a total assessment of $1,245. 1171 Minnehaha Avenue West (JOl STJM) Legislative Hearing Officer recommends approval. D� �s� LEGISLATIVE HEARING REPORT QF 3-20-2001 Page 4 66 Winnipeg Avenue (JOISIJM) Legislative Hearing Officer recommends approval. 12 Wyomine Street East (JOISLTM) Legislative Hearing Officer recommends reducing the assessment from $295 to $200 plus the $45 service fee for a total assessment of $245. 1675 & 1697 Idaho Avenue East - Vacant Lot (JOl SIJ11� Legislative Hearing Officer recommends approval. 1694 California Avenue East - Vacant Lot (JOlO1G) Legislative Heazing Officer recommends approval. I165 Hudson Road ( JOIBDUP) Legislative Hearing Officer recotnmends laying over to the Apri117, 2001 Legislative Aearing and the Apri125 City Council meeting. 615 Charles Avenue (JO101� At the request of Code Enforcement the Legislarive Hearing Officer recommends laying over to the April 17, 2001 Legislative Hearing and the Apri125, 2001 City Council meeting. 980 Euclid Street (JO1SLTlv� Legislative Hearing Officer recommends laying over Yo the Apri13, 2001 Legislative Hearing 650 Aurora (JOl SiJlvn Code Enforcement has requested deleting the assessmern due to a norification ertor, the Legislarive Hearing Officer recommends deleting the assessment. 2. Resolution ordering the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply with the resolution, Code Eaforcement is ordered to remove the building. Legislative Hearing Officer recommends laying over to the June 5, 2001 Legislative Hearing and the June 27, 2001 City Council meeting. 3. Summary abatement appeal for 1251 Berkelev Avenue. Legislative Hearing Officer recommends eactending the compliance date to 7une 5, 2001. Oi �s� LEGISLATTVE HEARING REPORT OF 3-20-2001 4. Summary abatement appeal for 283 South Svndicate Street. Page 5 I.egislative Hearing Officer recommends extending the compliance date to June S, 2001. sjw CITIZENSERV[CEOFFICE � j � Fred Oweau, City Clerk DIVISION OF PROPERTY CODE ENFORCEMENT Michael R Morehead, Program blan¢ger CTI'I' OF SAIN� PAUL Nuisan[e Buitding Cade Enfortemenf NorntColeman,Mayor ISW-KelloggBlvd.2n.190 Tel: 651-266-8440 - Sain� Paul, MN 55101 Fax: 65l-266-8426 February 23, 2001 NOTICE OF PUBLIC HEARinGS Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enfarcement Di<<ision has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 843 Rice Street The City Council has scheduled the date of these hearings as follo�vs: Legislative Hearing - Tuesday, March ZQ, 2001 City Council Hearing - Wednesday, April 4, 2001 The owners and responsible parties of record are: Name and Last Known Address Xcei Energy 414 Nicollet Mall, 7` Floor Mpls, MN 55401 Attn: Lori R. Pa�el L':22I2St ree Or�ner Harris Trust & �avings Bank, Tnistee c!o Bank of New York 2 North LaSalle Street Ste. 1020 u ,e;ested Party Chica�o, IL 60602 re: Xce1 Energy Buriina on Northem & Santa Fe Railway 176 5th Street East St. Paul, MN 55101 re: case #62C397002622 7ee_�nent Holder di �.�� 843 Rice Street February 23, 2001 Pa�e 2 The legal description of this properry is: Lot 1, EXCEPT street and All of Lot 2, Block 3, McKenty's Out Lots to Saint Paul. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then kno�vn responsible parties to eliminate this nuisance condition by conzcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the mtisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement 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 the Division of Code Enforcement 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, �teve �a�ner Steve Magner Vacant Buildinjs Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Ber�, Buiiding Inspection and Design Meghan Riley, City Aftorneys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housing Division ccnph ��3 NffNUTES OF TI� LEGISLA'INE HEARING Tuesday, July 17, 20Q1 Gerry Strathman, Legislative Hearing Officer Room 330 Courthouse The meeting was called to order at 10:04 am. STAFF PRESENT: Jolm Betz, Code Enforcement; Roxanna Flink, Real Estate; Fong Lor, LIEP (License, Inspections, Environmental Protection); Steve Magner, Code Enforcement; John Saumweber, Real Estate Laid Over Summary Abatements: JOISNOWI Snow and/or ice removal at 1002 Carroll Avenue; J0102C1 Demolifion at 1093 Seventh Street West and 520 Bav Street; J0102BB Boardings-up at 664 Edmund Avenue and 729 Edmund Avenue; and J0103AA Property clean up at 729 Edmnnd Avenne. 664 Edmund Avenue (J0102BB) (Fong Lor transiated for the owner. Gerry Strathman told Mr. Lor to e�lain to the owners of 664 Edmund Avenue and 729 Edmund Avenue that his duties are to translate and not act as an advocate.) Yee Lor, owner, 305 Awora Avenue, appeared. Mr. Strathman stated this is a chazge for emergency boarding by the Fue Department. It was ordered on 1-5-01, 5:30 a.m. The charge is for $795. He asked why the owner feels he should not pay it. Mr. Lor asked is it his responsibility to pay the fee or should his insurance company pay the fee. Mr. Strathman responded this is paid by the insurance company as part of the expense related to the fire customarily. He should present the bill to the insurance company. (Mr. Lor showed paperwork to Mr. Sirathman.) Mr. 5trathman looketl at the paperwor� and stated the coverage should pay for the cost of the boazding up, although he is not an expert on ihese things. Mr. Magner stated the insurance company generally requires an insurer to inimi�e any fiuther damage to the property. The insurance company usually wants the property boazded as soon as possible. If the owner has problems getting the company to pay it, he should go to a state examiner. Mr. Lor stated he cannot live at the property anymore, and he asked is it his responsibility to clean up azound the house, the lawn, etc. Mr. Strathman responded yes. Mr. Strathman asked when a bill would be received in this matter. Roxanna Flink c�plained the owner should receive a bill within a few weeks. C�\-�35� LEGISLATIVE HEARING MINUTES OF NLY 17, 2001 Gerry Strathman recommends approval of the assessment. Page 2 (NOT'E: there aze two assessments for ?29 Edmund Avenue: JQIQ3AA and J0102BB. J0103AA was discussed at the Legislative Aearing on June 19, and the Hearing Officer approved the assessment at the time. At the Legisiative Hearing Officer's request, the City Council laid over J0103AA and J0102BB to today's hearing for an interpreter to be present) �29 Edmund Avenue (J0102BB) (Fong Lor translated for the owner. Mr. Lor had previously ea�plained to the owner that lus duties aze to translate and not act as an advocate.) Ger Yang, owner, appeazed. Mr. Strathman stated t3us is a charge for $345 for an emergency boarding by the Police Departrnent. Ae asked why the owner should not pay this assessment. Mr. Yang responded the house was already boazded when he putchased it. Mr. Strathman explained that when a house is purchased, a buyer also buys all the responsibilities associated with the house; however, the seller is obligated to tell the buyer about pending assessments. If the owner was not told, then Mr. Yang should go to the seller and seek accomuiodations. Mr. Yang responded the seller came to the City to get an order to evict the tenants. Mr. Yang was not told about any pending assessment. Because he is the current owner, stated Mr. Stratlunan, the City will look to him to pay these fees. Mr. Yang asked can ihe City ask the seller about the pending assessment. Mr. Stratlunau responded this is a private transaction between the seller and the purchaser. The City cannot be involved. Gerry Strathman recommends approval of the assessment. 729 Edmund Avenue (J0103AA) (Fong Lor translated for the owner.) (See above regarding another assessment.) Ger Yang stated the gazbage inside and outside was cieaned up. I3o one lives at the property. He called the City to notify them about neighbors ttuowing fiunitute on the property, and he has not gotten any response. Steve Magner reported this was aiready heazd at the last legislative hearing on 7une 14. A videotape was shown at that time, and the assessxnent was approved The owner claims there O \-��3 LEGISLA"TIVE HEARING MINUTES OF JiJLY 17, 2001 Page 3 were things dumped on the property, but it is still the owner's responsibility. Once the owner is made aware of it, he is required to remove it. If it is not removed, the City will send people to remove it. Mr. Yang stated at the time of the assessment, he was not the owner. Mr. Magner responded the summary abatement was issued on 2-13-01. He asked when the property was purchased. Mr. Yang responded he became the owner on 2-5-01. Mr. Strathman recommends approval of the assessment. The charge goes to the property owner regardless of whether he owned it at the time of the assessment. 1093 Seventh Street Wesk 520 Bav Street (J0102C1) Robyn Mazshall, owner, address of 804 Stewart, appeared and stated she does not believe the contractor did what they were suppose to do for the asbestos removal. They didn't do anytlung for the 5econd Floor and they said they would do something in both of the bathrooms. Steve Magner reported the building was ordered to be removed by resolution. The cost to the demolition went to the low bidder which was Holst Excavating. They were required to obtain a licensed abatement to identify and remove any asbestos out of the property. They abated the asbestos and then raised the structure. Mr. Magner does not verify removal of asbestos; it is monitored by the State Department of Health and the MPCA (Minnesota Pollution Control Agency). There is a ten day waiting period after the building is raised and spot inspections aze done. The City is not required to follow up on that. It has to be a licensed abatement contractor to remove the asbestos. Mr. Strathmau asked about the charges. Mr. Magner responded the original demolition bid is $12,200, not including the asbestos. And then another $4,800 for the abatement of the asbestos. Ms. Mazshall stated they only did a third of the floor on the Third Level and nothing on the Second Level. They did not do half of what they were suppose to do. She does not feel she should be chazged for the full amount. Mr. Strathman stated he has no idea how this matter can be resolved. The company contracted to remove asbestos, did it under whatever supervision the State exercises over asbestos removal, and the City received a bill. Ms. Marshall responded she has photograplvs showing the business did not do anything. They ripped up the tile on the Third Floor and thaYs what they did for $5,000. Mr. Magner stated the building has been removed. If there was a concem at the time when she was out there, she should have contacted the City or the State. He asked what was left on site. Ms. Marshall responded they only did a third of the floor on the First Level, but the tile ran through the entire First Floor. They said it was asbestos contained tile. They said they included both bathrooms on the Second Floor. Mr. Magner responded sometimes it is not the tile, but the underlayment, the backing under the rile, or the linoleum. The contractor is responsible to make d � �S3 LEGISLATNE HEARING M1NiJTES OF JL3LY 17, 2001 � sure removed items do not have asbestos bearing materials. If the properly was demolished with the asbestos tiles taken to the landfill, the contr2ctor can be held legally responsible for it. One load ofunrecorded asbestos brought into a landfill has minimum $10,000 fines. The contractor is required by State law to have the asbestos abated before demolition. Mr. Magner stated he has no way to prove anything. A photograph of a tile does not prove that was the tile in question. Mr. Strathman responded it is a serious allegation; charging for work that a person did not do is a fraudulent activity. There has to be some conclusive evidence to show that the contractor engaged in this and he would guess the contractor would be reluctant to admit it. Ms. Marshall suggested asking them for a list of what was done for the charge. She has a videotape and photographs. Mr. Strathman stated he and Mr. Magner aze reluctant to approach the conhactor and accuse him of &aud. It is unlikely the City will do that unless there is evidence. Gerry Strathman recommends approval of the resolution. 1002 Carroll Avenue (701SNOW1) Lee Walker, owner, appeazed and stated he received the abatement and cleaned it up right after he received it. He put down salt as well. (A videotape was shown.) Mr. Walker stated he got the notice on a Friday and cleaned it up on Saturday. John Betz responded the notice was mailed on 3-6-01, the reinspection was 3-9-01, and the work was done on 3-15-01. (The videotape was shown again.) Mr. Walker stated the units are so close together that maybe the wrong address was cited. He kept his sidewaik clean all winter. Gerry Strathman recommends deleting the assessment. He will take the owner's word that the sidewalk was kept clean. {NOTE: There aze two assessments for 916 Minnehaha Avenue East: JOl SUMA and J0104V. JOl SUMA has been laid over from 6-19-01.) File JO1SiJMA - Laid over summary abatement for 916 Minnehaha Avenue East. Gerry Strathman stated this is an assessment for removing tires, refuse, metals, etc. Andrew Pham, owner, appeared and stated he received notice and he did the work. He told the clean up crew that the work was already in progress, but they told him they were there on an LEGISLATNE HEARING MINUTES OF JULY 17, 2001 c� ` �S3 Page 5 order for it to be done now. They had to call the police because he was asking them questions, such as did they have the groper paperwork. He is here to say that he has all the motivafions to get it done and he has been getting it done. Gerry Sirathman stated there are a couple of issues here and in some sense they both have been answered: 1) By Code EnforcemenYs records and by the owner's acl�owledginent, a notice was sent. 2) There is a videotape �d the owner acknowledged that the crew came out and did the work. There is no basis for not approving the assessment. Mr. Pham stated he had some lagai issues. By chargiug the abatements and pushing the schedule ahead is not getting the pmperty finished any sooner. He is a studeat and a fuhue business owner. His recources aze limited. He keeps Harold Robinson (Code Enforcement) informed of his progfess. Mr. Pham says the City was a little too enthusiastic about getting it done so eazly. Evetything was ready to be taken away and the City came too soon. bIT• Sh'athman stated his paparwork reads that orders were issued on 10-12-00, and the work was to be completed by 10-16-00. T4ie work was not do� until 10-25-00. It seems the City crew was late instead of eazly. Mr. Fong responded there were more things he was doing at the time. Everything was by the fence azea ready to be moved. Gerry Strathman recommends approval of the assessment. It seems the City gave the owner proper notice. Summa�y Abatements: JOi�i4A Property elean-up during April and May 2Q01; J0103C Demolition of bnildings dnring April and May 2001; J0103B Boarding-up ofvacant bu�dmgs during March and Apri12001; J0104V Towing of abandoned vehicles from private property during January 2001. 916 Minnehaha Avenue East (70104V) (See above regarding another assessu�ent) A.ndrew Pham asked why it cost $1,469.60 to tow the vehicle. Mr. Strathman responded it does seem like a lot. Roxanne Flink responded it was one vehicle. Mr. Pham stated the vehicle was legally pazked. The City }umped to conclusions and illegally entered the property. The City tore up bazriers to get to a veiricle that was in its place. That is wrong and illegat. Gerry Sirathwaa statexi he �vill reduce the assessmem #o $5pp pius the $45 service fee. Mr. Pham asked how he came to that amount. Mr. Strathman responded he hes consulted with the lieutenant and commander in charge and they believe if a vehicle is disposed within 30 days, wlvch is a reasonable amount of time, the cost would be about $500. For some reason, it seems this vehicle must have been on the Impound Lot longer than normal. o�� LEGISLATTVE HEARING MINUTES OF JiJLY 17, 2001 �.:• . Mr. Pham stated that is because he had taken legal action on this. This was a 1958 Buick Berkeley B90. It was a rare and collectible vehicle. It was not abandoned. It was properly stored. Mr. Strathman responded he cannot heip him because tbat issue will have to be dealt with in court. Mr. Pham stated he is in legat proceedings with that. A tow costs $125. He was in the process of getring ttiat vehicle out. He and Commander Morehead ha�e some unremained 'assues here and that is why he made it difficult for Mr. Pham to acquire the vehicle. Mr. Pham did not have the option to get it oirt. Steve Magner stated there is a letter to Andrew Fong dazed 3-4-01 from Mike Morehead. The letter says the City removed the vehicie from the property. The letter stipulated what needed to be done to acquire the velricle. Gerry Strathman recommends reducing the assessment to $500 plus the $45 service fee for a total assessment of $545. 349 Cook Avenue East (J0104A) (No one appeared to represent the pmperiy.) Gerry Strathman recommended approval. 1612 Alameda Sueet (J0103B) (No one appeared to represent the properry.) Gerry Strathman recommended approval. 905ltoquois Avcinue (J0103B) (No one appeared to represent the property.) Gerry Strathman recommended approval. 650 Aurora Avenue (30104A) (No one appeared to represes�t #he property.) Gerry Straflunan recommended approval. 597 Blair Avenue (J0104A) Dave Harvieux, owner, appeared and stated ihe first nofice he received was on June 30. He contacted Code Enforcement and he was told norices were sent to the previous owner. Mr. � l LEGISLATIVE HEARING MINUTES OF JULY 17, 2001 p�e '7 HarvieuY purchased the building April 2000 on a contract for deed. The proper documents were recorded with the Ramsey County in May 2001 because he had not received a ta�i statement from Ramsey County. He contacted them and was told the documents had never been recorded. He foilowed up with Ramsey County, they called him back, and said they made a mistake. Also, when he did call, he inquired about what needed to be done. He was told there was an upholstered chair, carpet, and a bag of refuse on a deck. He removed these items from the deck himself. Perhaps there is another chair, carpet, and bag of refuse. John Betz reported he used Ramsey County tax records to find out where to send the notices. Mr. Sttathman asked who told him in Ramsey County the records were in error. Mr. Harvieux responded Debbie in the Recorder's Office. He could get document numbers. He got the notice for today's meetmg because they updated their records. (A videotape was shown.) Mr. Strathman stated it was clear from the videotape there was trash on the deck, but it was not cleaz it was the same trash that was listed. The person on the videotape mentioned a tire and trash. Those items are not cited on his paperwork. Mr. Harvietix responded it was hard to see what they took. Mr. Betz stated there were two issues heze: one was trash on the back deck, and the other was the carpet and chair somewhere in the yazd azea by the gazage. That was not part of the videotape, so his presumption would be it was not there when the crew got there. The crew cleaned up bags of trash, which would indicate they were there. Gerry Strathman recommends deleting the assessment. There aze serious problezns as to whether he was notified and whether the cleanup done was the same cleanup in the order. 1910 Chelton Avenue (3fl3fl4A) (No one appeared tci iepreseui the pmperty.) Gerry Strathman recommends approval of the assessment. 157 FronY Street (J0104A) Pa Hang, owfler, appeared aad sYa#ed she and her fimther owa this pmperty_ Some personal items were taken that were stored properly. Mr. S#�athman asked was she notified. Ms. Hang responded yes, but she aiready lived in the house. She cannot do heauy jobs because her hand hurts. She tried to pay people to do the cleanup, but she cannot afford much. O\-3�3 LEGTSLATIVE HEARING MINUT'ES OF JULY 17, 2001 �� Mr. Strathman stated if she feels the City took things they should not have taken, she can file a claim against the City. Mr. Hang stated the chazge of $899.00 was not worth it for the cleanup. She would like to see the videotape. . (A videotape was shown.) Gerry Strathman recommends approvai of the assessment. It looks like a major cleanup. The assessme�t is not excessive given the amount of work that i�ad to be done. 1660 Dayton Avenue (J0104A) Connie Wiiliams, owner,1290 Belmant Lane East, Maplewood, appeazed and stated she did not own the pcoperty when the cieauup was done. At the time of the cleanup, other people were in the pracess of moving in. Her ownership ended 3-1-01. The new owner is Benjamin Bordman (phonetic). John Betz reported the notice was sent to the listed owner. Yesterday, it was still listed as Williams. John Saumweber responded Real Estate got the notice returned in the mail. Roxanna Fliak reported Real Estate got a notice from Pazks and Recreation that they did the work on 9-Cral. It was not pending when Ms. Williams sold it to the new people. The new owner was notified of the hearing today, and the new owner will get the bill. Ms. VJilliams stated that it was her junk. The new owner said he never got notice until it was buildozed. She never received a notice either. She had a broken hand, and was unable to clean it. She picked ap what she could when it was out of the ice. A'f�'• Betz stated Ramsey County tax records show she was the owner, and a notice was sent to her at her address. It was retumed undeliverable. The new owner has never registered the contract. Until now, they never had a name for the new owner. It is someone's responsibility to register the contract and change the ownership. Ms. Williams responded she has called her new address into the City a number of times. Roxanna Flink stated whoever handt� the closing should be contacted about why the ownership was not changed. Aer office knew of the new owner because of the return mail. It is the property owner's responsibifiry to make sure the records aze correct. In Minnesota, a person is not required to file a deed. Gerry Strathman recommends deleting the assessment. He does not doubt the work was done, but he is concerned about notification requirements. 0��3 LEGISLATIVE HEARING MINLJTES OF JULY 1'7, 2001 122 Lvton Place (J0104V) .,_.. Greg Flesvig, owner, appeared and stated notices were sent to the previous owner. The only notice he received was the one to come here today. He was wld that his tenants received the notice. John Betz reported Ramsey County T�ation Records indicated two other people were the owners. Notice was sent to them and the occupants of 122 Lyton Place. He did a printout of the ownership on Friday and it comes up with Flesvig at 122 Lyton Place. Gerry Strathman recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) (No one appeared to represent the properry.) Gerry Strathman recommends approval of the assessment. 515 Nevada Avenue East (J0104A) Bazb Bartok, ownet, appeared and sta#ed a stacked pile of wood by the shed was removed. She had major surg�y in March, and depended on other people to help her. Mr. Betz reported the final notice was mailed 2-23-01. Ms. Bartok stated the yazd was dug up when the City took the items. She asked why the cut wood was taken. Mr. Strathman responded because it was not properly stored he presumes. (A videotape was shown.) Mr. Strathman stated it dces not look like much of a cleanup. (The videotape was shown again.) Ms. Bartok asked about the gouges in her yard. Mr. Strathman stated she should file a claim against the City foz dam�ages. Getry Stra�man racamme�ds �tx}acffig #he assessment ta $25p pins the $45 sexvice fee for a total assesssueQt of $235. The ovv�et vvas aotifie�, but the a�scssmc.vt is #oo high. 164 Robie Street West (J0104A) (I3o one appeared to represent the property.) Gerry Sirathman recommends approval of the assessment. a\-��53 LEGISLATiVE HEARING MINUTES OF Ji3LY 17, 2001 327 Winifred Street East (J0104A) (No one appeared to represent the property.) Gerry Strathman recommends approval of the assessment Page 10 � Resolation ordering the owner to remove or repair the building at 843 Rice Street If the owner faiLs to comply with the resolurion, Code Enforcement is ordered to remove the buildiag. (Laid over from 6-5-01) Lori Pagel stated they have accepted an agreement with NEAR (North End Area Revitalization, Inc.). They will purchase tt� properly and rehabilitate it. Ms. Pagel is working with the title uvsurance company to clear the tifle. NEAR has signed a letter of intent. They have had an azchiiect go through the property. The purchase agreement has not been signed. Gerry Strathman asked when the closing will be. Ms. Pagel responded they have not set a date. Gerry Strathman recommends laying over to the August 21, 2001, Legislative Heazing to allow time for closing of sale to NEAR (North End Area Revitalization, Inc.). He requested Ms. Pagel notify him when the closing has happened. Then, he will deal with NEAR about the properry from that point forward. NEAR will be notified at that point to post a bond. Resolutioa urdering the owner fo remove or repair the building at 790 Selbv Avenue. If the owner fails to comply with the resohttion, Code Enforcemeat is ordered to remove the building. Manoucher Rostamkhani, owner, and Kristine Kujala, Ramsey County Taac Forfeited Lands, appeared. Ms. Kujala stated that Mr. Rostamkhani is the contract purchaser on this property that he purchased at auction. ';'}iis property has a long history of nothing being done on it. Steve Magner reported the building has been vacant since 6-26-84. The current owner is Manoucher Ro�amkha,,;, who purchased the properry from Ramsey County at auction. There have been 18 sumivary abatement notices issued to ciean the property, secure it, cut tali grass, remove snow, restore hazard fencing. On 4-26-Oi, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developecl, and photographs were taken. As of this date, the pmperty remains in a condition which comprises a nuisance as defined by the legislative code. The vacant buiiding fees have been �xiid. Real estate t�es aze paid. The estimated mazket value is $45,000, esfiimated cost to repair, $75,000; estimated cost to demolish, $10,000 to $11,000. The building is gutted: there is no heating, electrical, or plumbing operable. Mr. Rostamkhani purchased a bond five days ago. The dwelling has to be rehabilitated as a single family or a duplex. The previous owner only lost the dwelling and one of the parcels. The other parcei has the garage and some decks, which still belong to the previous owner. Mr. Rostamkhani stated he plans to finish flas building. o �3�3 LEGISLATIVE HEARING MINiJTES OF JULY 17, 2001 Page 11 Mr. Strathman stated the only thing missing is the code compliance inspection in order to know what has to be done to bring it up to code. Mr. Rosta,,,kha,,; responded he did not Imow about it. Gerry Strathman recommends the owner be given six months to complete the rehabilitation of the property on condition that a code compliance inspection is applied for by noon of July 25, 2001. 1744 Carroli Avenue (70104A) John Betz reported he spoke to the owner today. Mr. Betz reviewed the file, photographs, and the videotape. Mr. Betz requests that this be deleted. There were a lot of circumstances here. Gerry Strathman recommends deleting the assessment. 1075 Portland Avenue (J0104A) John Betz requested tlus be laid over to the neat meeting. Gerry Strathman recomu�ends laying over to the July 24, 2001, I.egislative Aearing. The meeting was adjoumed at 12:02 p.m. � 330 Toronto Street (J0104A) After the meeting, Roxanna Flink said that this should be deleted because of notification issues. Gerry Strathman recommends deleting this assessment Council File # �/ �5.3 C��li�+`�L C . Presented By Referred To Green Sheet # /Da335L RESOLUTION SAINT PAUL, MINNESOTA �� Committee: Date 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame, brick structure located on property hereinafter referred to as the "Subject Property" and commonly laiown as 843 Rice Street. This properry is legally described as follows, to wit: Lot, 1 EXCEPT street and All of Lot 2, Block 3, McKenty's Out Lots to Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before November 15, 2000, the following are the now lrnown interested or responsible parties for the Subject Properiy: Xcel Energy, 414 Nicollet Mall, 7`� Floor, Mpls., MN 55401, Attn: Lori R. Pagel; Harris Trust & Savings Bank, Trustee, c/o Bank of New York, 2 North LaSalle Street Ste. 1020, Chicago, IL 60602, re: Xcel Energy; Burlington Northern & Santa Fe Railway, 176 Sth Street East, St. Paul, MN 55101, re: case #62C397002622 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated January 8, 2001; and WIIEREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by February 7, 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the rime, date, place and purpose of the public hearings; and WIIEREAS, a hearing was held before the Legislative Heasing Officer of the Saint Paul City Council on Tuesday, March 20, 2001 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its biighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternarive by demolishing and removing the structure in accordance with all applicable codes and ardinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and �/-��.3 1 WHEEREAS, a hearing was held befare the Saint Paul City Council on Wednesday, Apri14, 2001 2 and the testimony and evidence including the action taken by the Legislative Hearing Officer was 3 considered by the Council; now therefore BE IT RESOLVED, that based upon the testixnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 843 Rice Street: 1. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2. � � 7 :� That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the l�own interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. •'� • The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. O/-.�s� , �� ` i�i`�L � '..;�:i� € 1 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 2 property or fixtures of any kind which interfere with ttxe demolition and removal shall be removed 3 from the property by the responsible parties by the end of this tune period. If all personal property 4 is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and 5 dispose of such property as provided by law. 6 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date [1 �__ S �o o � '_- Adoption Certified by Council Secretary Requested by Department of: Citizen Service Office; Code Enforcement By� V'r�%�''~'�'� �,pa�"'� �ti`�C�`. Form Approved by City Attorney By: � . � ,..� � f� By: .,�V l.E t�V'✓1� f/t . �c�a- � —� � Approved by Mayor: Dat � B ��'/!// Approved by Mayor for Submission to Council �.I By: � /Lt,' L-_� ;" O/-.�� Division of Code Enforcement 02/23/Ol �� Michael R. Morehead 266-8439 � � MUST BE ON COIRJCILAGH�DA BY (Mlq � Wednesday, Apri14, 2001 ��- �� m �`� aoumw axoet TOTAL # OF SIGNATURE PAGES GREEN SHEET �..�.�,� N � �� arcwtraear ��Lf� ❑arcuac wuxowaExxessa� ❑ wurrytama�ccra � MYOR(OItYOilAM1) � (CUP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) Yo remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Cirizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject properry is located at 843 Rice Street. w PLANNING COMMISSION G8 COMMITTEE CIVIL SERVICE COMMISSION Where.WhY) Fias this P�� e.er vaiked under a wnUaU for Mis Oepartment� VES NO Fias t� P�+�m+ever been a ary emqoyee9 YES No Dcec Uxs Pe�saMrm P�as a sidN nd nanWryW� bY anY curtent cit�/ emDbf'ce7 YES � Islhispe�saJfinnatargetetivendo(! ' YFS NO �lain all wt answers an aeoaate sheet aM attach to arcen sheet This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 843 Rice Street by February 7, 2001, and have failed to comply with those orders. _.•-. �. The City will eliminate a nuisance. FEB 2 g 2001 MAYflR'S fl�Fiu� FE� 2 P 2��a ci ��o�� )ISr1DVANTAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properry, collected as a special assessment against the properry tases. )ISADVANTAGES IF NOT APPROVED � A nuisance condifion will remain unabated in the City. This building(s) will continue to blight the comxnunity. AMOUNT OF TRANSACTION coarmEVaueeuoeerEO�anc�oN� (res� } No \ . � ' • � t • � � . " u ' � _ - • ��7wG; s.�+ s.piina ��;a, � �%, � �� „ :- REPORT a�- �s� Date: Angust 21, 2001 Time: 10:00 am. Place: Room 330 City Hall 15 VJest Kellogg Boulevazd LEGISLATIVE HEARING Gerry Sirathman Legislative Hearing Officer Laid Over Sim�mary Abatement: J0104AAA Properiy Cleanup at 32� Winifred Street East (Note: the City Councii refeaed this address back to the Legislative Hearing Officer.) Legislative Hearing Officer recommends approval of the assessment. � 2. Resolution ordering the owner to remove or repair the property at 843 Rice Street. If the owner fails to comply with the resolurion, Code Enforcement is ordered to remove the building. (Laid over from 7-17-01) Legislative Hearing Officer recommends approval. Resolutic+n ordzring the owner to remove or repair the property at 60 Rose Avenue East. If the owner faiis to compiy with tite �esolution, Code Enforc�menx is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation of this property. 4. Resolvtion ordering the owner to remove or repair the properry at 63 Atwater Street. If the owner fails to compiy with tfie resolution, Code Enforcement is ordered to remove the �uilding. Legislative Hearing flfficer recommends approval. rrn MINUTES OF Tf� LEGISLATIVE HEARING Tuesday, August 21, 2001 0�— 3 S3 Gerry Strathman, Legislative Hearing Officer Room 334 Courthouse The meeting was called to order at 10:07 am. STAFF PItESENT: Roxanna Flink, Real Estate; Steve Magner, Code Enfoicement Laid Over Summary Abatement: J0104AAA Properfy Cleanup at 327 Winifred Street East (Note: the City Council has referred this address back to the Legislative Hearing Officer.) Khala Kim, owner, aPPeazed. Gerry Strathman asked what was her concern regarding this assessment. Ms. Kim responded she did not have any concem. Mr. Strathman stated this was a chazge for a cleanup at this property. He understands that she called Councilmember Chris Coleman's office and raised an objection to this charge. Ms. Kim responded she called Nancy Homans (Mr. Coleman's Legislative Aide) because she missed a date to attend a previous legislative hearing. Mr. Stratl�an asked did she understand this was an assessment for $448.50 and did she understand what was done. Ms. Kim responded she did not understand. (A videotape was shown.) Mr. Strathman stated the chazge levied is for the cost of the cleanup. She should have been notified beforehand to do it. When it was not done, a City crew did it. He will recommend ihe assessment be approved, and she will be notified in a few weeks about how to pay the assessment. Ms. Kim asked dces she 13ave Yo pay right now. Mr. Strathman responded Roxanna Flink can explain fo her how the payuYent optiaaes work. Gerry Strathman recommends approval of the assessment. Resolution ordering the owner to remave or repair the property at 843 Rice Street. If the owner faiLs to comply witL the resolution, Code Enforcement is ordered to remove the bnilding. (Laid over from 7-17-01) {No one appeared to represent the owner.) Gerry Strathman stated he received a letter dated August 20, 2001; from Gina L. Bulloch, Xcel Energy, Airector of Corporate Real Estate. Ms. Bulloch wrote that Xcel Energy is continuing to work with the title insurance company to obtain a marketable title and continuing to work with North End Area Revitalization in execution of a purchase agreement. o i -'� s� LEGISLATIVE HEARING MIN[JT'ES OF AUGUST 21, 2001 Page 2 Tkus matter has been before him for hearings on two previous occasions, stated Mr. Strathmau. On both occasions, he recommended coniinuing the matter in order to allow Xcel Energy to cleaz up tifle problems and complete the sell to this prospective buyer. Tlus has gone on way too long. Xcel Energy should have been able to clear the tifle and should have been able to close this purchase agreement. Gerry Strathman recommended approval of the resolution. Resolnrion ordering the owner to remove or repair the property at 60 Rose Avenue Eask If the owner fa�s to camply with the resolution, Code Enforcement is ordered to remove the building. The followin� appeazed: David Cobb, owner, Charles Cox, attorney, 676A Butler Square, Minneapolis. Steve Magner reported this building has been vacant since 2-23-01, after there was a fue at the building. The current owner is David S. Cobb, who purchased the building after the original fire. There has been one summary abatement notice issued to remove refuse and secure the basement window. On 7-9-01, an inspection of the building was conducted and a list of deficiencies wluch constitute a nuisance condition was developed and photographs were taken. This inspection occurred after a second fire in the beginning of July. An order to abate a nuisance building was issued on 7-i 1-01 with a compliance date of 7-23-01. The City has had to board the building. The vacant building registrarion fees have been paid. Estimated mazket value on the structure is $52,300; estimated mazket value of the land, $9,900; estimated cost to demolish, $8,000 to $9,000. The cost of the repairs aze in question. It will be high due to the damage. 'There was a code compliance inspection done on the buiiding 7-23-01. The owner posted a$2,000 bond on 7-19-01. Mr. Cox stated that Mr. Cobb is in Yhe business of rehabilitating distressed structures. He has over 20 yeazs experience in the fieTd and has rehabilitated a number of houses within the City. In the last five years, many of those have been structures with fire damage. He has obtained bids for mechanical, electrical, and plumbing work to be done on the praperry. He has worked with these contractors in the past. He has not yet obtained a structural engineer for this project because he is wai6ng to see if he is allowed to repair tlris structure before money is laid out for a retainer, which is required by the structural engineer. He also has a fmancial package in place for the property. Mortgage has been approved for the amount of $65,000, which Mr. Cobb believes will cover the cost of 8ne regaus. He believes he can have 90% of the necessary work done by the end of Novembet� The balance will be done by Pebruary of next year. Last point, Mr. Cobb does intend to instali a security system in the property while the rehabilitation is being done because of two fires that have been set on the properry. Mr. Strathman asked were the two fires azson. Mr. Cobb responded yes. Mr. Cobb stated he has been in communication with an engineering firm. 1'}iey will do the structural engineering of the house. They have had prints made up, which will be submitted to the o�-'� S3 LEGISLATNE HEARING MINUTES OF AUGUST 21, 2001 Page 3 City after the engineer has added changes as to what he wants done. Mr. Cobb has received bids for plumbing, heating, and eleclrical, which run appro�timately $6,000 each. He has been approved for a mortgage for the rehabilitation. He has worked with the City in tfie pas� stated Ivir. Cobb. I�e has been appointed by Mayor Coleman oa the Overnight Shelter Board in 1994; he has a letter of endorsement from the chairman of that boazd He has a letter from Wilder Foundation about the work he has done. He also has a letter from the Communiry Stabilization Project Mr. Strathman asked what the long term plans aze. Mr. Cobb responded to rehabilitate the property and sell it. He pwchased it for $12,000. He has with him photographs of previous properties he has tebabilitated. George Stuber, 62 Rose Avenue East, appeared and stated he lives nest door to this property. He called the fire department fwice on tlus properiy. This property has been in his wife's fanuly since the 1950's. It was sold in 1994. It had been in reasonably good condition He could not get a first mortgage due to the dry rotted floor beams. It was sold on a contract for deed and sold again but they had to take a deep discount. The new buyers did nothing but destroy the building for 6Yz yeazs. It burned on 2-1-01 from a faulty space heater. According to Code Enforcement, it was scheduled to be demolished when a new buyer came along. On 7-2-01, a huge fire buzned through ihe complete house and through the roof. It is time for the house to go, says Mr. Stuber. It does aot fit into the azea because it is the only 1870 building out there. Councilmember Jim Reiter said this would make a good vacant lot. Mr. Stuber stated he does not think someone can make this a decem property with $60,OOQ. Other houses in the azea were built in the 1940's and set back from the street. This properry is right against the property line. The retaining wall was taken down in the last couple of days. (Mr. Siuber submitted photographs for the record.) The foliowing appeazed: Marie Wadell, 33 Langer Circle, VJest Saint Paul, and her sister Dorothy Stuber, 62 Rose Avenue East. Ms. Wadell read a statement from Ms. Stuber. Ms. Stuber wrote the properry is dangerous, unsound, and not repairable. The walls and ceiling have begun to crack aud fall. Stucco has been put on top of old asphalt siding. The basement has limestone waiis that aze cracked and peeling. The floor joists have dry rot. It has been almost seven months since the first fire and not muc� has been dane to the pxoperty, Their properry values have decreased. Ms. Wadell stated the Siubers have a lot of damage on theu home from 60 Rose. Her concern is that a strict time line is followed. (A copy of the petition plus photographs were submitted for the record.) Michael Swiflca, 61 Rose Avenue East, appeazed and stated that 60 Rose is a burned out shell. After the second fire, he asked Mr. Magner why the properry was not demolished, and Mr. Magner said Mr. Cobb has the right to renovate the property. However, stated Mr. 5wifka, Mr. � � � s3 LEGISLATiVE HEARING MIIJUTES OF AUGUST 21, 2001 Page 4 Cobb does not live in the neighborhood. He is irying to make a profit after a structure ti�at is beyond salvaging. How he can make money on this properry is beyond him. Mr. Cobb has owned the property since mid Mazch. There had been no improvements made to tlus property before the second fite. �e Stubers have a house thai iooks im,,,��_ During the second fire, it started melting the siding on the Stubers house. Mr. Switka stated this eyesore should be demolished. Tim Mueller, 1568 Myrtle Street, appeared and stated he has been involved in the building trades for over 40 years, and involved in rehabilitating homes and building new ones for over 30 years. His wife's parents tried to keep the property up because the property was over 100 yeazs old. The underside of that home had dry rot over 20 yeazs ago. There is an old cistem that is underneath half of the basement. The stucco was installed poorly over the original siding. The house is inily a loss. He cannot believe a man can financially rehabilitate that house coaecUy, do it safely, take out Yhe bamt wood, put that place together again, and have a good safe home that would be attractive and reasonably comglementary to the neighborhood. Clazence Roban, 57 Geranium Avenue East, appeared and stated he agrees with the other comments from Iris neighbors. He is concerned about the Stubers that live nea�t dooz to 60 Rose. Mr. Strathman asked did Mr. Cobb have any comments to make in response. Mr. Cobb responded that he also has a petition signed by five neighbors asking the City to allow him to rehahilitate flie structure. He just got the petition going yesterday after hearing that Mr. Stuber had a peUtion. The work done so faz is demolition work on the inside and getting rid of the fire damage on the outside. He tore down the porch and back 1/3 of the house, the damaged retaining wall is gone, the roof is off of the house, and he has plating material securing the walls of the house to the flooring so lhat the house is not damaged by wind racking the frame. He has not had a crew af cazpenters redoing the house because he wants the hearing to give him indication that he can rehabilitate before he spends thousand of dollars. All work wiil be done according to code. A large part of the cost of the rehabilitation is his labor. He is a licensed contractor and he has done many houses. Mr. Strathman asked about the dry rot and the cistern under the buiiding. Mr. Cobb responded a11 that will have to be removed during the rehabilitation of the structeue. Aiso, this house has historic desigaation due to its age and the fronY �rch detaiis. Iie is eapioring the possibility of putting it on the historic register. Mr. S#raYhman asked is it in the historic preservation district. Mr. Magner responded it is not. Mr. Cobb stated he has a statement from a neighbor that there is a group in the azea that wants the house bumed down. Upon being asked how the security system will be installed, Mr. Cobb responded the garage electrical system is intact. An electrician will energize the electrical system in the gazage and he will bring one line of power to the house. There will be a motion sensor in the house. o,.�s3 LEGISLATIVE HEARING MINiJTES OF AUGUST 21, 2001 Page 5 Mr. Magner read a fire report into the record dated 7-20-01. This report is a supplement to the code compliance report dated 3-5-01. It stipulated what needed to be done. In addition, the owner will have to bring the plumbing, electrical, heating up to minimum standards, If the fire had not been put out at the time, the fire department would have had the building raised immediately at the time of the fire. Based on the fire department's belief and the subsequent inspection of the properry, it was deemed that it was noY an immediate hazard and not going to fall down; however, it created such a nuisance in the community, it was brought to this fonun so the community and the owner could bear any issues. In Mr. Magner's opinion, to rehabilitate this building is going to be cost prohibirive unless the owner is doing the majority of the work and is willing to consider his sweat equity as his profit out of the property. Mr. Strathman stated Mr. Cobb is a legitimate owner of the property, and has plans to rehabilitate it. Mr. Strathman understauds that people may have different opinions about whether something is economically viable; however, he daes not tiunk the City can substitute his judgement and the City Council's judgement for someone's business judgement. If Mr. Cobb is mistaken in his assessment of the economics of this, he is the one that will bear the consequence of that mistake. The owner is fully aware of the risks of this enterprise and the challenge before him. It is also clear the property is a disturbance to the neighbors. It will continue to be one because rehabilitation is not instantaneous. While Mr. Stratl�man believes that Mr. Cobb needs an opportunity to do this, the City has to set a rime line for him to accomplish this. Because he has met all the legal requirements--paid the vacant building fee, obtained a code compliance inspection, g�d the $2,OQ0 bond which could be forfeited if he does not fulfill his obligations--the City does not have any choice but to allow him sis months to complete his rehabilitaYion. As Mr. Cox referenced, if Mr. Cobb is more than 50% done within six months, he can apply for an additional six months. Gerry Strathman recommends granting the owner six months to cornplete the rehabilitation of tlus property. Resolution or+lering tLe a�vner to remove or repair the property at 63 Atwater Street. If the owner fails to comply, Code Enforcement is ordered to remove the buiiding. (No one appeared to represent the property.) Steve Magner reported this property was condemned June 2001 and has been vacant since 6-26-01. The owner is Atwater Investment Company. Two summary abatement notices have been issued to remove refuse, and secure the building. On 7-1-01, there was a fue that caused substantial damage to the groperiy. Because of this fire, an inspection of the building was conduc#ed on �-9-01, a iist of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on �-11-01 with a compliance date of 7-23-01. Vacant building fees aze due. Real estate taYes aze paid. Estimated mazket value is $43,200 on the shucture and $7,500 on the land; estimated cost to demolish, $8,000 to $9,000. The repairs aze in excess of $100,000. ot� 3S3 LEGISLATIVE HEARIN('i MINUTES OF AUGUST 21, 2001 Page 6 Mr. Magner received a phone call from Bob Neeser from Atwater Investment Company. His message was he would be at work and cannot attend the meeting. He is waiting to here from his insurance company; they will repair the building or tear it down. Mr. Neeser did not leave a phone number. He was served papers personally conczining this legislative heariug and the City Council pub&c hearing. A vacaut building notice, ord� to abate the nuisance, and the summary abatement have been posted on the properiy, and were still there the other day when the property was inspected. This has been a problem property for a number of years. Gerry Shathman recommended approval of the resolution based on the information provided by Code Enforcement, the review of the photographs, and absent any testimony from the owner. The meeting was adjourned at approximately 11:00 a.m. � o�-�s� REPORT Date: July 17, 2001 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislafive Hearing Officer Laid Over Summary Abatements: JO l SNO W 1 Snow and/or ice removal at 1002 Carroll Avenue; J0102C1 Demolition at 1093 Seventh Street West and 520 Bav Street; J0102BB Boardings-up at 664 Edmund Avenue and 729 Edmund Avenue; J0103AA Property clean up at 729 Bdmund Avenue. 664 Edmund Avenue (J0102BB) Legislative Hearing Officer recommends approval of the assessment. 729 Edmund Avenue (J0102BB) Legislative Hearing Officer recommends approval of the assessment. 729 Edmund Avenue (J0103AA) Legislarive Hearing Officer recommends approval of the assessment. 1093 Seventh Street West, 520 Bav Street (J0102C1) Legislarive Heazing Officer recommends approval of the assessment. 1002 Carroll Avenue (301SNOW1) Legislative Hearing Officer recommends delering the assessment. 2. File JOl Si 7MA - Laid over sununary abatement far 916 Minnehaha Avenue East. Legislative Hearing Officer recommends approval of the assessment. 3. Summary Abatements: J0104A Properry clean-up during April and May 2001; J0103C Demolition of buildings during April and May 2001; J0103B Boazding-up of vacant buildings during Mazch and Apri12001; J0104V Towing of abandoned vehicles from private property during January 2001. 916 Minnehaha Avenue East (J0104� Legislative Hearing Officer recommends reducing the assessment to $500 plus the $45 service fee for a total assessment of $545. LEGISLATIVE HEARING REPORT FOIt JULY 17, 2001 349 Cook Avenue East (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1612 Alameda Street (70103B) Legislative Hearing Officer recommends approval of the assessment. 905 Iroauois Avenue (70103B) Legislarive Hearing Officer recommends approval of the assessment. 650 Aurora Avenue (J0104A) Legislative Hearing Officer recommends approval af the assessment. 597 Blair Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 1910 Chelton Avenue (J0104A) Legisladve Heazing Officer reeommends approval of the assessment. 157 Front Street (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1660 Davton Avenue {IQ104A) Legisiative Hearsng Qfficer recommends deleting the assessment. 122 Lvton Place (J0104� Legisiative Hearing Officer recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) Legislative Hearing Offic.�r r�commends approvai of the assessment. e � -�sS Page 2 515 Nevada Avenne East (701fl4A) Legislative Hearing Officer recommends reducing the assessment to $250 plus the $45 service fee for a total assessment of $295. 164 Robie Street West (J0104A) I,egisiatfve I�eaTing Officer r�commends apgRaval of the assessment 327'�l'�ifrrd S�cet Fast �JQ1Q4A) Legisla�e Hqring O�c� a approval �f ihe assessment. 1744 Carroll Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. o►-�s3 LEGISLATIVE HEARIlVG REPORT FOR JLTLY 17, 2001 Page 3 1 Q75 Portland Avenue (J0104A) Legislative Hearing Officer recommends laying over to the July 24, 2001, Legislative Hearing. G �� Resolution ordering ihe owner to r�ove or repair the building at 843 Rice Street. If the owner fails to comply with t{ie iesaiution, Coc�e Fax€csrcemeni is ordered to remove the building- (Laid over from 6-5-01) Legislative Hearing Officer recommends laying over to the August 21, 2001, Legislative Hearing to allow time for closing of sale to NEAR (North End Area Revitalization, Inc.). 5. Re�lutiaa ordering the owner to remove or repair the building at 790 Selby Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends the owner be given six months to complete the rehabilitation of the properry on condition f}sat the owner apply for a code compliance inspection by noon of Tuly 25, 2001. � � �' ��Tly Date: June 5, 2001 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer 1. Resolution ordering the owner to remove or repair the building at 855 Woodbrid�e Street. If the owner fails to compiy, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation of the properry on condition that the following is done by noon of June 27, 2001: post bond and pay the vacant building fees. � 2. Resolution orderiag the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply, Code Enforcement is nrdered to remove the buildiug. (Laid over from 3-20-01) Legislative Hearing Officer recommends laying over to the July 17, 2001, Legislative Hearing. � MINUTES OF TI� LEGISLATIVE HEARING Tuesday, June 5, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 14:02 a.m. STAFF PRESENT: Jason Broberg and Steve Magner, Code En£orcement liesolution ordering the owner to remove or repair the building at 855 Woodbrid�e Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. Steve Magner reported this building has been vacant since 5-3-96. The current owner is Steven C. Johnson, who has sold it to John W. Nelson. There have been ten summary abatement notices to secure doors and windows, remove rubbish, cut tall grass, remove snow and/or ice. On 4-6- Ol, an inspection of the building was conducted, a list of deficiencies which consfitute a nuisance condition was developed, and photographs were taken. As of this date, the property remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building registration fees are due. Real estate tases aze unpaid in the amount of $655.20. Estnnated mazket value is $12,500; estimated repairs, $34,000; estimated demolition, $6,000 to $7,000. A code inspection has been done. A bond has not been posted. Mr. Magner stated John W. Nelson pulled a bond, the matter went to the City Council, and Mr. Nelson was given 180 days to repair or remove the properiy. He failed to complete the work, the bond was forfeited, and given back to the City. Mr. Nelson contacted a lawyer, and the lawyer worked out an agreement to post a new bond. Again, he was given 180 days, and that bond was forfeited to the City. In 2000, Code Enforcement requested the owner post a new bond, and that bond was forfeited. Therefore, three bands totaling $6,000 haue been put against this properry and forfeited to the City. There still is not compliance with this properry. Mr. Magner went on to say the owner has installed siding, and worked on three sides of the building. The interior is gutted. There are a few stud walls. The building is far from rehabilitated. This issue is going on five yeazs now. John W. Nelson, owner, appeared and stated he intends to homestead as soon as possible. This turned out to be a bigger issue than he thought. He has been slow rehabilitating the property, and it has cost him deazly. He has rebonded as of yesterday. In the last few weeks, he has done a lot. (Mr. Nelson showed a photograph that he took yesterday.) Mr. Strathman stated the properry looks better. Mr. Nelson stated the electrical has been redone. He has worked on the roof. He would like to get the pernuts, get a certificate of occupancy inspection, and occupy it by the end of July. The taz�es were paid last week. Gerry Strathman stated he will recommend the owner be granted six months. Tf tlris matter comes back again, Mr. Strathman will recommend approval of the resolution. Mr. Magner stated LEGISLATIVE HEARING MINIJTES OF .iLTNE 5, 2001 Page 2 he would like to see the vacant building fees paid, the bond is posted, and all needed pernuts pulled by the City Council date. Gerry Strathman recommended the owner be granted siY months to complete the rehabilitation of the properry on the condition that the following is done by noon of June 27, 2001: post a bond and pay the vacant building fees. Resolution ordering the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 3-20-01) Gerry Strathman stated he held a hearing on this before, and would like to know where they are with this bwilding. Lori Pagel, representing Xcel Energy, appeazed and stated one issue needs to be resolved, and they are working with the 6tle company to resolve that issue. Hopefully, that will be done without a major delay. Once they have the title, they are determined to sell the properry. There aze two interested purchasers now. Mr. Strathman asked when she expects to have title and when it will be sold. Ms. Pagel responded they have given the title company to July 5 to haue clear title. Steve Magner reported the properiy has been secuzed duzing the recent inspection. A siunmary abatement was issued to cut tall grass in the last two weeks. Xcel Energy, formerly NSP, is the holder of the property. They are next door to this property. Mr. Magner is unclear of the item left to do on the title. Also, he wondered if they could sell the building today or start the work on the building before clearing the title. Ms. Pagel stated both sellers want to rehabilitate the building to make it useful. Wa11y Nelson and NEAR (North East Area Revitalization) aze two interested parties. Wally Nelson, Renovation Inc., appeazed and stated he has been negotiating with Xcel Energy for a few months. There is a cash offer on the table. The title issue is not really an issue. He would buy it tomonow and start the rehabilitation process in a week or two. Ms. Pagel responded Mr. Nelson has made offers. The remaining issue is an unsafisfied mortgage of record. If Xcei were to buy the properry, they would deduct that mortgage amount from their price, which is fine. Ms. Pagel plans to go with the title insurance. Mr. Strathman asked if they intend to sell it to someone once they get the title issue resolved Ms. Pagel responded yes. Mr. Strathman asked will they take caze of the exteriar maintenance. Ms. Pagel responded that should have been taken care of. LEGISLATIVE HEARII3G MINUT'ES OF J{ JNE 5, 2001 Page 3 Mr. Strathman laid over this matter to the 3uly i917, 2001, Legislative Hearing. Aopefully, the matter will be resolved by then, and the title will be cleaz. He will not continue the matter beyond that day. Mr. Magner added that at the 7uly -i-617 hearing, he would like to see the new owner post a bond, have a team inspection completed, and be ready to get the permits to start workiug on the building. Ms. Pagel responded if the maiter is not to the point where she can transfer tifle, she does not believe Xcel would rehabilitate it. They would be more likely to demolish it. Other peopie in the Ciiy and the area would like the property 2o be zehabilitated instead of demolished. (Note: this matter was laid over to July 10 at the Legislafive Hearing; however, that meeting has been cancelled. This matter has now been laid over to July 17 instead. Ms. Pagel and Mr. Nelson were notified via phone and letter.) The meeting was adjourned at 10:21 pm. rrn d/-.�� .3�� Date: March 20, 2001 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Summary Abatements: File JQ1Q1C Demolition of vacant buildings during the monUvs of November and December, 2000; File JOIBDIJP Boazding-up of vacant buildings thru June and October, 2000; File 70101 G Grass cutting (by private contractor) during the months of August, September, and part of October, 2000; File JO 101 V Abandoned vehicles towed from private property during June thru September, 2000; and File JOl SiJM Properly clean-up during the months of August, September, October, November and/or December, 2000. 1069 Greenbrier Street (JOl SLTIvn Legisiative Heazing Officer recommends approval. 827 Aurora Avenue (301 SIJiv� Legislative Hearing Officer recommends approval. 600 Weils Street (JOIBDUP) Legislative Hearing Officer recommends approval. 970 Geranium Avenue East (JOIBDUP) Legislative Hearing Officer recommends reducing the assessment from $234.80 to $100 plus the $45 service fee for a totai assessment of $145. 226 Winifred Street East (dO iBDUP) Legisiative Hearing Officer recommends approval. 891 Rice Street/a.k.a 889 Rice Street (JOIBDUP) Legislative Hearing Officer recommends deleting the assessment. 1182 Reanev Avenue (JOIBDUP) Legislative Hearing Officer recommends approval. 1094 Reanev Avenue (JOIBDUP) Legislative Hearing Officer recommends approval. ///-�5.� LBGISLATIVE HEARING REPORT OF 3-20-2001 1830 St Clair Avenue (JOIBDUP) Legislative Heazing Officer recommends approval. 934 Rice Street (JOIBDUP) Legislative Hearing Officer recommends approval. 136 Wilder StreetNorth (JOiBDUP) Legislative Hearing Officer recommends approval. 499 Sherbume Avenue (JOIBDUP) Legisiative Hearing Officer recommends approval. 559 Asbutv Street (JOl SUM) Legislative Hearing Officer recommends approval. 651 Blair Avenue (JOl SLTI� Legislative Hearing Officer recommends approval. 664 Blair Avenue (JOl SLTM ) Legislative Hearing Officer recommends approval. 18I8 Blair Avenue (301SUPv� Legislative Hearing Officer recommends approval. 1615 Charles Avenue (70101 V) Legislative Hearing Officer recommends approval. 979 Chazles Avenue- (JOl SUM) Legislative Hearing Officer recommends approval. 877 Charles Avenue (JO101� Legislative Hearing Officer recommends deleting the assessments. 887 Conwav Street (JO101� Legisiative Hearing Officer recommends deleting the assessment. 740 Edmund Avenue - Vacant Lot (701SUMj Legislative Hearing Officer recommends approval. , b38 Fuller Avenue (JOISUIvn Legislative Aearing Officer recommends approval. Page 2 O1-�s.� LEGISLATTVE HEEARING REPORT OF 3-20-2001 785 Hawthorne Avenue Fast (JOlO1V) Legislative Hearing Officer recommends approval. 634 Iglehart Avenue (JOISUM) Legislative Hearing Officer recommends approval. 1116 Jenks Avenue (JO101 � Legisiative Hearing Officer recommends approval. 1075 Jessamine Avenue East (JO1S[3M) Legislative Hearing Officer recommends approval. 596 Laurel Avenue - Vacant Lot (70101� Legislative Hearing Officer recommends deleting the assessment. 653 Lawson Avenue East (JO1StJM) Legislative Hearing Officer recommends agproval. 544 Minnehaha Avenue West (JOl SLTM) Legislative Hearing Officer recommends approval. 37i Pascal Street South (JOISIJI� Legisiative Hearing Officer recommends approval. Page 3 1835 St. Clair Avenue (J01 SL71vn At the request of Code Enforcement the Legislative Hearing Officer recommends laying over to the Apri117, 2001 Legislative Hearing and the April 25, 2001 City Council meeting. 706 Thomas Avenue (JO101 V) Legislative Hearing Officer recommends approval. 44Q Wheeler Street North (JQ1Si.TM) Legislative Heating Officer recommends approval. 6l1 Whitall Street (JO101� Legislative I3earing Officer recommends reducing the assessment from $1,828.70 to $1,200 plus the $45 service fee for a total assessment of $1,245. 1171 Minnehaha Avenue West (JOl STJM) Legislative Hearing Officer recommends approval. D� �s� LEGISLATIVE HEARING REPORT QF 3-20-2001 Page 4 66 Winnipeg Avenue (JOISIJM) Legislative Hearing Officer recommends approval. 12 Wyomine Street East (JOISLTM) Legislative Hearing Officer recommends reducing the assessment from $295 to $200 plus the $45 service fee for a total assessment of $245. 1675 & 1697 Idaho Avenue East - Vacant Lot (JOl SIJ11� Legislative Hearing Officer recommends approval. 1694 California Avenue East - Vacant Lot (JOlO1G) Legislative Heazing Officer recommends approval. I165 Hudson Road ( JOIBDUP) Legislative Hearing Officer recotnmends laying over to the Apri117, 2001 Legislative Aearing and the Apri125 City Council meeting. 615 Charles Avenue (JO101� At the request of Code Enforcement the Legislarive Hearing Officer recommends laying over to the April 17, 2001 Legislative Hearing and the Apri125, 2001 City Council meeting. 980 Euclid Street (JO1SLTlv� Legislative Hearing Officer recommends laying over Yo the Apri13, 2001 Legislative Hearing 650 Aurora (JOl SiJlvn Code Enforcement has requested deleting the assessmern due to a norification ertor, the Legislarive Hearing Officer recommends deleting the assessment. 2. Resolution ordering the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply with the resolution, Code Eaforcement is ordered to remove the building. Legislative Hearing Officer recommends laying over to the June 5, 2001 Legislative Hearing and the June 27, 2001 City Council meeting. 3. Summary abatement appeal for 1251 Berkelev Avenue. Legislative Hearing Officer recommends eactending the compliance date to 7une 5, 2001. Oi �s� LEGISLATTVE HEARING REPORT OF 3-20-2001 4. Summary abatement appeal for 283 South Svndicate Street. Page 5 I.egislative Hearing Officer recommends extending the compliance date to June S, 2001. sjw CITIZENSERV[CEOFFICE � j � Fred Oweau, City Clerk DIVISION OF PROPERTY CODE ENFORCEMENT Michael R Morehead, Program blan¢ger CTI'I' OF SAIN� PAUL Nuisan[e Buitding Cade Enfortemenf NorntColeman,Mayor ISW-KelloggBlvd.2n.190 Tel: 651-266-8440 - Sain� Paul, MN 55101 Fax: 65l-266-8426 February 23, 2001 NOTICE OF PUBLIC HEARinGS Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enfarcement Di<<ision has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 843 Rice Street The City Council has scheduled the date of these hearings as follo�vs: Legislative Hearing - Tuesday, March ZQ, 2001 City Council Hearing - Wednesday, April 4, 2001 The owners and responsible parties of record are: Name and Last Known Address Xcei Energy 414 Nicollet Mall, 7` Floor Mpls, MN 55401 Attn: Lori R. Pa�el L':22I2St ree Or�ner Harris Trust & �avings Bank, Tnistee c!o Bank of New York 2 North LaSalle Street Ste. 1020 u ,e;ested Party Chica�o, IL 60602 re: Xce1 Energy Buriina on Northem & Santa Fe Railway 176 5th Street East St. Paul, MN 55101 re: case #62C397002622 7ee_�nent Holder di �.�� 843 Rice Street February 23, 2001 Pa�e 2 The legal description of this properry is: Lot 1, EXCEPT street and All of Lot 2, Block 3, McKenty's Out Lots to Saint Paul. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then kno�vn responsible parties to eliminate this nuisance condition by conzcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the mtisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement 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 the Division of Code Enforcement 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, �teve �a�ner Steve Magner Vacant Buildinjs Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Ber�, Buiiding Inspection and Design Meghan Riley, City Aftorneys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housing Division ccnph ��3 NffNUTES OF TI� LEGISLA'INE HEARING Tuesday, July 17, 20Q1 Gerry Strathman, Legislative Hearing Officer Room 330 Courthouse The meeting was called to order at 10:04 am. STAFF PRESENT: Jolm Betz, Code Enforcement; Roxanna Flink, Real Estate; Fong Lor, LIEP (License, Inspections, Environmental Protection); Steve Magner, Code Enforcement; John Saumweber, Real Estate Laid Over Summary Abatements: JOISNOWI Snow and/or ice removal at 1002 Carroll Avenue; J0102C1 Demolifion at 1093 Seventh Street West and 520 Bav Street; J0102BB Boardings-up at 664 Edmund Avenue and 729 Edmund Avenue; and J0103AA Property clean up at 729 Edmnnd Avenne. 664 Edmund Avenue (J0102BB) (Fong Lor transiated for the owner. Gerry Strathman told Mr. Lor to e�lain to the owners of 664 Edmund Avenue and 729 Edmund Avenue that his duties are to translate and not act as an advocate.) Yee Lor, owner, 305 Awora Avenue, appeared. Mr. Strathman stated this is a chazge for emergency boarding by the Fue Department. It was ordered on 1-5-01, 5:30 a.m. The charge is for $795. He asked why the owner feels he should not pay it. Mr. Lor asked is it his responsibility to pay the fee or should his insurance company pay the fee. Mr. Strathman responded this is paid by the insurance company as part of the expense related to the fire customarily. He should present the bill to the insurance company. (Mr. Lor showed paperwork to Mr. Sirathman.) Mr. 5trathman looketl at the paperwor� and stated the coverage should pay for the cost of the boazding up, although he is not an expert on ihese things. Mr. Magner stated the insurance company generally requires an insurer to inimi�e any fiuther damage to the property. The insurance company usually wants the property boazded as soon as possible. If the owner has problems getting the company to pay it, he should go to a state examiner. Mr. Lor stated he cannot live at the property anymore, and he asked is it his responsibility to clean up azound the house, the lawn, etc. Mr. Strathman responded yes. Mr. Strathman asked when a bill would be received in this matter. Roxanna Flink c�plained the owner should receive a bill within a few weeks. C�\-�35� LEGISLATIVE HEARING MINUTES OF NLY 17, 2001 Gerry Strathman recommends approval of the assessment. Page 2 (NOT'E: there aze two assessments for ?29 Edmund Avenue: JQIQ3AA and J0102BB. J0103AA was discussed at the Legislative Aearing on June 19, and the Hearing Officer approved the assessment at the time. At the Legisiative Hearing Officer's request, the City Council laid over J0103AA and J0102BB to today's hearing for an interpreter to be present) �29 Edmund Avenue (J0102BB) (Fong Lor translated for the owner. Mr. Lor had previously ea�plained to the owner that lus duties aze to translate and not act as an advocate.) Ger Yang, owner, appeazed. Mr. Strathman stated t3us is a charge for $345 for an emergency boarding by the Police Departrnent. Ae asked why the owner should not pay this assessment. Mr. Yang responded the house was already boazded when he putchased it. Mr. Strathman explained that when a house is purchased, a buyer also buys all the responsibilities associated with the house; however, the seller is obligated to tell the buyer about pending assessments. If the owner was not told, then Mr. Yang should go to the seller and seek accomuiodations. Mr. Yang responded the seller came to the City to get an order to evict the tenants. Mr. Yang was not told about any pending assessment. Because he is the current owner, stated Mr. Stratlunan, the City will look to him to pay these fees. Mr. Yang asked can ihe City ask the seller about the pending assessment. Mr. Stratlunau responded this is a private transaction between the seller and the purchaser. The City cannot be involved. Gerry Strathman recommends approval of the assessment. 729 Edmund Avenue (J0103AA) (Fong Lor translated for the owner.) (See above regarding another assessment.) Ger Yang stated the gazbage inside and outside was cieaned up. I3o one lives at the property. He called the City to notify them about neighbors ttuowing fiunitute on the property, and he has not gotten any response. Steve Magner reported this was aiready heazd at the last legislative hearing on 7une 14. A videotape was shown at that time, and the assessxnent was approved The owner claims there O \-��3 LEGISLA"TIVE HEARING MINUTES OF JiJLY 17, 2001 Page 3 were things dumped on the property, but it is still the owner's responsibility. Once the owner is made aware of it, he is required to remove it. If it is not removed, the City will send people to remove it. Mr. Yang stated at the time of the assessment, he was not the owner. Mr. Magner responded the summary abatement was issued on 2-13-01. He asked when the property was purchased. Mr. Yang responded he became the owner on 2-5-01. Mr. Strathman recommends approval of the assessment. The charge goes to the property owner regardless of whether he owned it at the time of the assessment. 1093 Seventh Street Wesk 520 Bav Street (J0102C1) Robyn Mazshall, owner, address of 804 Stewart, appeared and stated she does not believe the contractor did what they were suppose to do for the asbestos removal. They didn't do anytlung for the 5econd Floor and they said they would do something in both of the bathrooms. Steve Magner reported the building was ordered to be removed by resolution. The cost to the demolition went to the low bidder which was Holst Excavating. They were required to obtain a licensed abatement to identify and remove any asbestos out of the property. They abated the asbestos and then raised the structure. Mr. Magner does not verify removal of asbestos; it is monitored by the State Department of Health and the MPCA (Minnesota Pollution Control Agency). There is a ten day waiting period after the building is raised and spot inspections aze done. The City is not required to follow up on that. It has to be a licensed abatement contractor to remove the asbestos. Mr. Strathmau asked about the charges. Mr. Magner responded the original demolition bid is $12,200, not including the asbestos. And then another $4,800 for the abatement of the asbestos. Ms. Mazshall stated they only did a third of the floor on the Third Level and nothing on the Second Level. They did not do half of what they were suppose to do. She does not feel she should be chazged for the full amount. Mr. Strathman stated he has no idea how this matter can be resolved. The company contracted to remove asbestos, did it under whatever supervision the State exercises over asbestos removal, and the City received a bill. Ms. Marshall responded she has photograplvs showing the business did not do anything. They ripped up the tile on the Third Floor and thaYs what they did for $5,000. Mr. Magner stated the building has been removed. If there was a concem at the time when she was out there, she should have contacted the City or the State. He asked what was left on site. Ms. Marshall responded they only did a third of the floor on the First Level, but the tile ran through the entire First Floor. They said it was asbestos contained tile. They said they included both bathrooms on the Second Floor. Mr. Magner responded sometimes it is not the tile, but the underlayment, the backing under the rile, or the linoleum. The contractor is responsible to make d � �S3 LEGISLATNE HEARING M1NiJTES OF JL3LY 17, 2001 � sure removed items do not have asbestos bearing materials. If the properly was demolished with the asbestos tiles taken to the landfill, the contr2ctor can be held legally responsible for it. One load ofunrecorded asbestos brought into a landfill has minimum $10,000 fines. The contractor is required by State law to have the asbestos abated before demolition. Mr. Magner stated he has no way to prove anything. A photograph of a tile does not prove that was the tile in question. Mr. Strathman responded it is a serious allegation; charging for work that a person did not do is a fraudulent activity. There has to be some conclusive evidence to show that the contractor engaged in this and he would guess the contractor would be reluctant to admit it. Ms. Marshall suggested asking them for a list of what was done for the charge. She has a videotape and photographs. Mr. Strathman stated he and Mr. Magner aze reluctant to approach the conhactor and accuse him of &aud. It is unlikely the City will do that unless there is evidence. Gerry Strathman recommends approval of the resolution. 1002 Carroll Avenue (701SNOW1) Lee Walker, owner, appeazed and stated he received the abatement and cleaned it up right after he received it. He put down salt as well. (A videotape was shown.) Mr. Walker stated he got the notice on a Friday and cleaned it up on Saturday. John Betz responded the notice was mailed on 3-6-01, the reinspection was 3-9-01, and the work was done on 3-15-01. (The videotape was shown again.) Mr. Walker stated the units are so close together that maybe the wrong address was cited. He kept his sidewaik clean all winter. Gerry Strathman recommends deleting the assessment. He will take the owner's word that the sidewalk was kept clean. {NOTE: There aze two assessments for 916 Minnehaha Avenue East: JOl SUMA and J0104V. JOl SUMA has been laid over from 6-19-01.) File JO1SiJMA - Laid over summary abatement for 916 Minnehaha Avenue East. Gerry Strathman stated this is an assessment for removing tires, refuse, metals, etc. Andrew Pham, owner, appeared and stated he received notice and he did the work. He told the clean up crew that the work was already in progress, but they told him they were there on an LEGISLATNE HEARING MINUTES OF JULY 17, 2001 c� ` �S3 Page 5 order for it to be done now. They had to call the police because he was asking them questions, such as did they have the groper paperwork. He is here to say that he has all the motivafions to get it done and he has been getting it done. Gerry Sirathman stated there are a couple of issues here and in some sense they both have been answered: 1) By Code EnforcemenYs records and by the owner's acl�owledginent, a notice was sent. 2) There is a videotape �d the owner acknowledged that the crew came out and did the work. There is no basis for not approving the assessment. Mr. Pham stated he had some lagai issues. By chargiug the abatements and pushing the schedule ahead is not getting the pmperty finished any sooner. He is a studeat and a fuhue business owner. His recources aze limited. He keeps Harold Robinson (Code Enforcement) informed of his progfess. Mr. Pham says the City was a little too enthusiastic about getting it done so eazly. Evetything was ready to be taken away and the City came too soon. bIT• Sh'athman stated his paparwork reads that orders were issued on 10-12-00, and the work was to be completed by 10-16-00. T4ie work was not do� until 10-25-00. It seems the City crew was late instead of eazly. Mr. Fong responded there were more things he was doing at the time. Everything was by the fence azea ready to be moved. Gerry Strathman recommends approval of the assessment. It seems the City gave the owner proper notice. Summa�y Abatements: JOi�i4A Property elean-up during April and May 2Q01; J0103C Demolition of bnildings dnring April and May 2001; J0103B Boarding-up ofvacant bu�dmgs during March and Apri12001; J0104V Towing of abandoned vehicles from private property during January 2001. 916 Minnehaha Avenue East (70104V) (See above regarding another assessu�ent) A.ndrew Pham asked why it cost $1,469.60 to tow the vehicle. Mr. Strathman responded it does seem like a lot. Roxanne Flink responded it was one vehicle. Mr. Pham stated the vehicle was legally pazked. The City }umped to conclusions and illegally entered the property. The City tore up bazriers to get to a veiricle that was in its place. That is wrong and illegat. Gerry Sirathwaa statexi he �vill reduce the assessmem #o $5pp pius the $45 service fee. Mr. Pham asked how he came to that amount. Mr. Strathman responded he hes consulted with the lieutenant and commander in charge and they believe if a vehicle is disposed within 30 days, wlvch is a reasonable amount of time, the cost would be about $500. For some reason, it seems this vehicle must have been on the Impound Lot longer than normal. o�� LEGISLATTVE HEARING MINUTES OF JiJLY 17, 2001 �.:• . Mr. Pham stated that is because he had taken legal action on this. This was a 1958 Buick Berkeley B90. It was a rare and collectible vehicle. It was not abandoned. It was properly stored. Mr. Strathman responded he cannot heip him because tbat issue will have to be dealt with in court. Mr. Pham stated he is in legat proceedings with that. A tow costs $125. He was in the process of getring ttiat vehicle out. He and Commander Morehead ha�e some unremained 'assues here and that is why he made it difficult for Mr. Pham to acquire the vehicle. Mr. Pham did not have the option to get it oirt. Steve Magner stated there is a letter to Andrew Fong dazed 3-4-01 from Mike Morehead. The letter says the City removed the vehicie from the property. The letter stipulated what needed to be done to acquire the velricle. Gerry Strathman recommends reducing the assessment to $500 plus the $45 service fee for a total assessment of $545. 349 Cook Avenue East (J0104A) (No one appeared to represent the pmperiy.) Gerry Strathman recommended approval. 1612 Alameda Sueet (J0103B) (No one appeared to represent the properry.) Gerry Strathman recommended approval. 905ltoquois Avcinue (J0103B) (No one appeared to represent the property.) Gerry Strathman recommended approval. 650 Aurora Avenue (30104A) (No one appeared to represes�t #he property.) Gerry Straflunan recommended approval. 597 Blair Avenue (J0104A) Dave Harvieux, owner, appeared and stated ihe first nofice he received was on June 30. He contacted Code Enforcement and he was told norices were sent to the previous owner. Mr. � l LEGISLATIVE HEARING MINUTES OF JULY 17, 2001 p�e '7 HarvieuY purchased the building April 2000 on a contract for deed. The proper documents were recorded with the Ramsey County in May 2001 because he had not received a ta�i statement from Ramsey County. He contacted them and was told the documents had never been recorded. He foilowed up with Ramsey County, they called him back, and said they made a mistake. Also, when he did call, he inquired about what needed to be done. He was told there was an upholstered chair, carpet, and a bag of refuse on a deck. He removed these items from the deck himself. Perhaps there is another chair, carpet, and bag of refuse. John Betz reported he used Ramsey County tax records to find out where to send the notices. Mr. Sttathman asked who told him in Ramsey County the records were in error. Mr. Harvieux responded Debbie in the Recorder's Office. He could get document numbers. He got the notice for today's meetmg because they updated their records. (A videotape was shown.) Mr. Strathman stated it was clear from the videotape there was trash on the deck, but it was not cleaz it was the same trash that was listed. The person on the videotape mentioned a tire and trash. Those items are not cited on his paperwork. Mr. Harvietix responded it was hard to see what they took. Mr. Betz stated there were two issues heze: one was trash on the back deck, and the other was the carpet and chair somewhere in the yazd azea by the gazage. That was not part of the videotape, so his presumption would be it was not there when the crew got there. The crew cleaned up bags of trash, which would indicate they were there. Gerry Strathman recommends deleting the assessment. There aze serious problezns as to whether he was notified and whether the cleanup done was the same cleanup in the order. 1910 Chelton Avenue (3fl3fl4A) (No one appeared tci iepreseui the pmperty.) Gerry Strathman recommends approval of the assessment. 157 FronY Street (J0104A) Pa Hang, owfler, appeared aad sYa#ed she and her fimther owa this pmperty_ Some personal items were taken that were stored properly. Mr. S#�athman asked was she notified. Ms. Hang responded yes, but she aiready lived in the house. She cannot do heauy jobs because her hand hurts. She tried to pay people to do the cleanup, but she cannot afford much. O\-3�3 LEGTSLATIVE HEARING MINUT'ES OF JULY 17, 2001 �� Mr. Strathman stated if she feels the City took things they should not have taken, she can file a claim against the City. Mr. Hang stated the chazge of $899.00 was not worth it for the cleanup. She would like to see the videotape. . (A videotape was shown.) Gerry Strathman recommends approvai of the assessment. It looks like a major cleanup. The assessme�t is not excessive given the amount of work that i�ad to be done. 1660 Dayton Avenue (J0104A) Connie Wiiliams, owner,1290 Belmant Lane East, Maplewood, appeazed and stated she did not own the pcoperty when the cieauup was done. At the time of the cleanup, other people were in the pracess of moving in. Her ownership ended 3-1-01. The new owner is Benjamin Bordman (phonetic). John Betz reported the notice was sent to the listed owner. Yesterday, it was still listed as Williams. John Saumweber responded Real Estate got the notice returned in the mail. Roxanna Fliak reported Real Estate got a notice from Pazks and Recreation that they did the work on 9-Cral. It was not pending when Ms. Williams sold it to the new people. The new owner was notified of the hearing today, and the new owner will get the bill. Ms. VJilliams stated that it was her junk. The new owner said he never got notice until it was buildozed. She never received a notice either. She had a broken hand, and was unable to clean it. She picked ap what she could when it was out of the ice. A'f�'• Betz stated Ramsey County tax records show she was the owner, and a notice was sent to her at her address. It was retumed undeliverable. The new owner has never registered the contract. Until now, they never had a name for the new owner. It is someone's responsibility to register the contract and change the ownership. Ms. Williams responded she has called her new address into the City a number of times. Roxanna Flink stated whoever handt� the closing should be contacted about why the ownership was not changed. Aer office knew of the new owner because of the return mail. It is the property owner's responsibifiry to make sure the records aze correct. In Minnesota, a person is not required to file a deed. Gerry Strathman recommends deleting the assessment. He does not doubt the work was done, but he is concerned about notification requirements. 0��3 LEGISLATIVE HEARING MINLJTES OF JULY 1'7, 2001 122 Lvton Place (J0104V) .,_.. Greg Flesvig, owner, appeared and stated notices were sent to the previous owner. The only notice he received was the one to come here today. He was wld that his tenants received the notice. John Betz reported Ramsey County T�ation Records indicated two other people were the owners. Notice was sent to them and the occupants of 122 Lyton Place. He did a printout of the ownership on Friday and it comes up with Flesvig at 122 Lyton Place. Gerry Strathman recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) (No one appeared to represent the properry.) Gerry Strathman recommends approval of the assessment. 515 Nevada Avenue East (J0104A) Bazb Bartok, ownet, appeared and sta#ed a stacked pile of wood by the shed was removed. She had major surg�y in March, and depended on other people to help her. Mr. Betz reported the final notice was mailed 2-23-01. Ms. Bartok stated the yazd was dug up when the City took the items. She asked why the cut wood was taken. Mr. Strathman responded because it was not properly stored he presumes. (A videotape was shown.) Mr. Strathman stated it dces not look like much of a cleanup. (The videotape was shown again.) Ms. Bartok asked about the gouges in her yard. Mr. Strathman stated she should file a claim against the City foz dam�ages. Getry Stra�man racamme�ds �tx}acffig #he assessment ta $25p pins the $45 sexvice fee for a total assesssueQt of $235. The ovv�et vvas aotifie�, but the a�scssmc.vt is #oo high. 164 Robie Street West (J0104A) (I3o one appeared to represent the property.) Gerry Sirathman recommends approval of the assessment. a\-��53 LEGISLATiVE HEARING MINUTES OF Ji3LY 17, 2001 327 Winifred Street East (J0104A) (No one appeared to represent the property.) Gerry Strathman recommends approval of the assessment Page 10 � Resolation ordering the owner to remove or repair the building at 843 Rice Street If the owner faiLs to comply with the resolurion, Code Enforcement is ordered to remove the buildiag. (Laid over from 6-5-01) Lori Pagel stated they have accepted an agreement with NEAR (North End Area Revitalization, Inc.). They will purchase tt� properly and rehabilitate it. Ms. Pagel is working with the title uvsurance company to clear the tifle. NEAR has signed a letter of intent. They have had an azchiiect go through the property. The purchase agreement has not been signed. Gerry Strathman asked when the closing will be. Ms. Pagel responded they have not set a date. Gerry Strathman recommends laying over to the August 21, 2001, Legislative Heazing to allow time for closing of sale to NEAR (North End Area Revitalization, Inc.). He requested Ms. Pagel notify him when the closing has happened. Then, he will deal with NEAR about the properry from that point forward. NEAR will be notified at that point to post a bond. Resolutioa urdering the owner fo remove or repair the building at 790 Selbv Avenue. If the owner fails to comply with the resohttion, Code Enforcemeat is ordered to remove the building. Manoucher Rostamkhani, owner, and Kristine Kujala, Ramsey County Taac Forfeited Lands, appeared. Ms. Kujala stated that Mr. Rostamkhani is the contract purchaser on this property that he purchased at auction. ';'}iis property has a long history of nothing being done on it. Steve Magner reported the building has been vacant since 6-26-84. The current owner is Manoucher Ro�amkha,,;, who purchased the properry from Ramsey County at auction. There have been 18 sumivary abatement notices issued to ciean the property, secure it, cut tali grass, remove snow, restore hazard fencing. On 4-26-Oi, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developecl, and photographs were taken. As of this date, the pmperty remains in a condition which comprises a nuisance as defined by the legislative code. The vacant buiiding fees have been �xiid. Real estate t�es aze paid. The estimated mazket value is $45,000, esfiimated cost to repair, $75,000; estimated cost to demolish, $10,000 to $11,000. The building is gutted: there is no heating, electrical, or plumbing operable. Mr. Rostamkhani purchased a bond five days ago. The dwelling has to be rehabilitated as a single family or a duplex. The previous owner only lost the dwelling and one of the parcels. The other parcei has the garage and some decks, which still belong to the previous owner. Mr. Rostamkhani stated he plans to finish flas building. o �3�3 LEGISLATIVE HEARING MINiJTES OF JULY 17, 2001 Page 11 Mr. Strathman stated the only thing missing is the code compliance inspection in order to know what has to be done to bring it up to code. Mr. Rosta,,,kha,,; responded he did not Imow about it. Gerry Strathman recommends the owner be given six months to complete the rehabilitation of the property on condition that a code compliance inspection is applied for by noon of July 25, 2001. 1744 Carroli Avenue (70104A) John Betz reported he spoke to the owner today. Mr. Betz reviewed the file, photographs, and the videotape. Mr. Betz requests that this be deleted. There were a lot of circumstances here. Gerry Strathman recommends deleting the assessment. 1075 Portland Avenue (J0104A) John Betz requested tlus be laid over to the neat meeting. Gerry Strathman recomu�ends laying over to the July 24, 2001, I.egislative Aearing. The meeting was adjoumed at 12:02 p.m. � 330 Toronto Street (J0104A) After the meeting, Roxanna Flink said that this should be deleted because of notification issues. Gerry Strathman recommends deleting this assessment Council File # �/ �5.3 C��li�+`�L C . Presented By Referred To Green Sheet # /Da335L RESOLUTION SAINT PAUL, MINNESOTA �� Committee: Date 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame, brick structure located on property hereinafter referred to as the "Subject Property" and commonly laiown as 843 Rice Street. This properry is legally described as follows, to wit: Lot, 1 EXCEPT street and All of Lot 2, Block 3, McKenty's Out Lots to Saint Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Division of Code Enforcement on or before November 15, 2000, the following are the now lrnown interested or responsible parties for the Subject Properiy: Xcel Energy, 414 Nicollet Mall, 7`� Floor, Mpls., MN 55401, Attn: Lori R. Pagel; Harris Trust & Savings Bank, Trustee, c/o Bank of New York, 2 North LaSalle Street Ste. 1020, Chicago, IL 60602, re: Xcel Energy; Burlington Northern & Santa Fe Railway, 176 Sth Street East, St. Paul, MN 55101, re: case #62C397002622 WHEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated January 8, 2001; and WIIEREAS, this order informed the then lrnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by February 7, 2001; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the rime, date, place and purpose of the public hearings; and WIIEREAS, a hearing was held before the Legislative Heasing Officer of the Saint Paul City Council on Tuesday, March 20, 2001 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its biighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternarive by demolishing and removing the structure in accordance with all applicable codes and ardinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and �/-��.3 1 WHEEREAS, a hearing was held befare the Saint Paul City Council on Wednesday, Apri14, 2001 2 and the testimony and evidence including the action taken by the Legislative Hearing Officer was 3 considered by the Council; now therefore BE IT RESOLVED, that based upon the testixnony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 843 Rice Street: 1. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2. � � 7 :� That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Division of Code Enforcement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the l�own interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. •'� • The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 2. If the above corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. O/-.�s� , �� ` i�i`�L � '..;�:i� € 1 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 2 property or fixtures of any kind which interfere with ttxe demolition and removal shall be removed 3 from the property by the responsible parties by the end of this tune period. If all personal property 4 is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and 5 dispose of such property as provided by law. 6 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Adopted by Council: Date [1 �__ S �o o � '_- Adoption Certified by Council Secretary Requested by Department of: Citizen Service Office; Code Enforcement By� V'r�%�''~'�'� �,pa�"'� �ti`�C�`. Form Approved by City Attorney By: � . � ,..� � f� By: .,�V l.E t�V'✓1� f/t . �c�a- � —� � Approved by Mayor: Dat � B ��'/!// Approved by Mayor for Submission to Council �.I By: � /Lt,' L-_� ;" O/-.�� Division of Code Enforcement 02/23/Ol �� Michael R. Morehead 266-8439 � � MUST BE ON COIRJCILAGH�DA BY (Mlq � Wednesday, Apri14, 2001 ��- �� m �`� aoumw axoet TOTAL # OF SIGNATURE PAGES GREEN SHEET �..�.�,� N � �� arcwtraear ��Lf� ❑arcuac wuxowaExxessa� ❑ wurrytama�ccra � MYOR(OItYOilAM1) � (CUP ALL LOCATIONS FOR SIGNATURE) City Council to pass this resolution which will order the owner(s) Yo remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Cirizen Service Office, Division of Code Enforcement is ordered to remove the building. The subject properry is located at 843 Rice Street. w PLANNING COMMISSION G8 COMMITTEE CIVIL SERVICE COMMISSION Where.WhY) Fias this P�� e.er vaiked under a wnUaU for Mis Oepartment� VES NO Fias t� P�+�m+ever been a ary emqoyee9 YES No Dcec Uxs Pe�saMrm P�as a sidN nd nanWryW� bY anY curtent cit�/ emDbf'ce7 YES � Islhispe�saJfinnatargetetivendo(! ' YFS NO �lain all wt answers an aeoaate sheet aM attach to arcen sheet This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 843 Rice Street by February 7, 2001, and have failed to comply with those orders. _.•-. �. The City will eliminate a nuisance. FEB 2 g 2001 MAYflR'S fl�Fiu� FE� 2 P 2��a ci ��o�� )ISr1DVANTAGES IF APPROVED The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properry, collected as a special assessment against the properry tases. )ISADVANTAGES IF NOT APPROVED � A nuisance condifion will remain unabated in the City. This building(s) will continue to blight the comxnunity. AMOUNT OF TRANSACTION coarmEVaueeuoeerEO�anc�oN� (res� } No \ . � ' • � t • � � . " u ' � _ - • ��7wG; s.�+ s.piina ��;a, � �%, � �� „ :- REPORT a�- �s� Date: Angust 21, 2001 Time: 10:00 am. Place: Room 330 City Hall 15 VJest Kellogg Boulevazd LEGISLATIVE HEARING Gerry Sirathman Legislative Hearing Officer Laid Over Sim�mary Abatement: J0104AAA Properiy Cleanup at 32� Winifred Street East (Note: the City Councii refeaed this address back to the Legislative Hearing Officer.) Legislative Hearing Officer recommends approval of the assessment. � 2. Resolution ordering the owner to remove or repair the property at 843 Rice Street. If the owner fails to comply with the resolurion, Code Enforcement is ordered to remove the building. (Laid over from 7-17-01) Legislative Hearing Officer recommends approval. Resolutic+n ordzring the owner to remove or repair the property at 60 Rose Avenue East. If the owner faiis to compiy with tite �esolution, Code Enforc�menx is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation of this property. 4. Resolvtion ordering the owner to remove or repair the properry at 63 Atwater Street. If the owner fails to compiy with tfie resolution, Code Enforcement is ordered to remove the �uilding. Legislative Hearing flfficer recommends approval. rrn MINUTES OF Tf� LEGISLATIVE HEARING Tuesday, August 21, 2001 0�— 3 S3 Gerry Strathman, Legislative Hearing Officer Room 334 Courthouse The meeting was called to order at 10:07 am. STAFF PItESENT: Roxanna Flink, Real Estate; Steve Magner, Code Enfoicement Laid Over Summary Abatement: J0104AAA Properfy Cleanup at 327 Winifred Street East (Note: the City Council has referred this address back to the Legislative Hearing Officer.) Khala Kim, owner, aPPeazed. Gerry Strathman asked what was her concern regarding this assessment. Ms. Kim responded she did not have any concem. Mr. Strathman stated this was a chazge for a cleanup at this property. He understands that she called Councilmember Chris Coleman's office and raised an objection to this charge. Ms. Kim responded she called Nancy Homans (Mr. Coleman's Legislative Aide) because she missed a date to attend a previous legislative hearing. Mr. Stratl�an asked did she understand this was an assessment for $448.50 and did she understand what was done. Ms. Kim responded she did not understand. (A videotape was shown.) Mr. Strathman stated the chazge levied is for the cost of the cleanup. She should have been notified beforehand to do it. When it was not done, a City crew did it. He will recommend ihe assessment be approved, and she will be notified in a few weeks about how to pay the assessment. Ms. Kim asked dces she 13ave Yo pay right now. Mr. Strathman responded Roxanna Flink can explain fo her how the payuYent optiaaes work. Gerry Strathman recommends approval of the assessment. Resolution ordering the owner to remave or repair the property at 843 Rice Street. If the owner faiLs to comply witL the resolution, Code Enforcement is ordered to remove the bnilding. (Laid over from 7-17-01) {No one appeared to represent the owner.) Gerry Strathman stated he received a letter dated August 20, 2001; from Gina L. Bulloch, Xcel Energy, Airector of Corporate Real Estate. Ms. Bulloch wrote that Xcel Energy is continuing to work with the title insurance company to obtain a marketable title and continuing to work with North End Area Revitalization in execution of a purchase agreement. o i -'� s� LEGISLATIVE HEARING MIN[JT'ES OF AUGUST 21, 2001 Page 2 Tkus matter has been before him for hearings on two previous occasions, stated Mr. Strathmau. On both occasions, he recommended coniinuing the matter in order to allow Xcel Energy to cleaz up tifle problems and complete the sell to this prospective buyer. Tlus has gone on way too long. Xcel Energy should have been able to clear the tifle and should have been able to close this purchase agreement. Gerry Strathman recommended approval of the resolution. Resolnrion ordering the owner to remove or repair the property at 60 Rose Avenue Eask If the owner fa�s to camply with the resolution, Code Enforcement is ordered to remove the building. The followin� appeazed: David Cobb, owner, Charles Cox, attorney, 676A Butler Square, Minneapolis. Steve Magner reported this building has been vacant since 2-23-01, after there was a fue at the building. The current owner is David S. Cobb, who purchased the building after the original fire. There has been one summary abatement notice issued to remove refuse and secure the basement window. On 7-9-01, an inspection of the building was conducted and a list of deficiencies wluch constitute a nuisance condition was developed and photographs were taken. This inspection occurred after a second fire in the beginning of July. An order to abate a nuisance building was issued on 7-i 1-01 with a compliance date of 7-23-01. The City has had to board the building. The vacant building registrarion fees have been paid. Estimated mazket value on the structure is $52,300; estimated mazket value of the land, $9,900; estimated cost to demolish, $8,000 to $9,000. The cost of the repairs aze in question. It will be high due to the damage. 'There was a code compliance inspection done on the buiiding 7-23-01. The owner posted a$2,000 bond on 7-19-01. Mr. Cox stated that Mr. Cobb is in Yhe business of rehabilitating distressed structures. He has over 20 yeazs experience in the fieTd and has rehabilitated a number of houses within the City. In the last five years, many of those have been structures with fire damage. He has obtained bids for mechanical, electrical, and plumbing work to be done on the praperry. He has worked with these contractors in the past. He has not yet obtained a structural engineer for this project because he is wai6ng to see if he is allowed to repair tlris structure before money is laid out for a retainer, which is required by the structural engineer. He also has a fmancial package in place for the property. Mortgage has been approved for the amount of $65,000, which Mr. Cobb believes will cover the cost of 8ne regaus. He believes he can have 90% of the necessary work done by the end of Novembet� The balance will be done by Pebruary of next year. Last point, Mr. Cobb does intend to instali a security system in the property while the rehabilitation is being done because of two fires that have been set on the properry. Mr. Strathman asked were the two fires azson. Mr. Cobb responded yes. Mr. Cobb stated he has been in communication with an engineering firm. 1'}iey will do the structural engineering of the house. They have had prints made up, which will be submitted to the o�-'� S3 LEGISLATNE HEARING MINUTES OF AUGUST 21, 2001 Page 3 City after the engineer has added changes as to what he wants done. Mr. Cobb has received bids for plumbing, heating, and eleclrical, which run appro�timately $6,000 each. He has been approved for a mortgage for the rehabilitation. He has worked with the City in tfie pas� stated Ivir. Cobb. I�e has been appointed by Mayor Coleman oa the Overnight Shelter Board in 1994; he has a letter of endorsement from the chairman of that boazd He has a letter from Wilder Foundation about the work he has done. He also has a letter from the Communiry Stabilization Project Mr. Strathman asked what the long term plans aze. Mr. Cobb responded to rehabilitate the property and sell it. He pwchased it for $12,000. He has with him photographs of previous properties he has tebabilitated. George Stuber, 62 Rose Avenue East, appeared and stated he lives nest door to this property. He called the fire department fwice on tlus properiy. This property has been in his wife's fanuly since the 1950's. It was sold in 1994. It had been in reasonably good condition He could not get a first mortgage due to the dry rotted floor beams. It was sold on a contract for deed and sold again but they had to take a deep discount. The new buyers did nothing but destroy the building for 6Yz yeazs. It burned on 2-1-01 from a faulty space heater. According to Code Enforcement, it was scheduled to be demolished when a new buyer came along. On 7-2-01, a huge fire buzned through ihe complete house and through the roof. It is time for the house to go, says Mr. Stuber. It does aot fit into the azea because it is the only 1870 building out there. Councilmember Jim Reiter said this would make a good vacant lot. Mr. Stuber stated he does not think someone can make this a decem property with $60,OOQ. Other houses in the azea were built in the 1940's and set back from the street. This properry is right against the property line. The retaining wall was taken down in the last couple of days. (Mr. Siuber submitted photographs for the record.) The foliowing appeazed: Marie Wadell, 33 Langer Circle, VJest Saint Paul, and her sister Dorothy Stuber, 62 Rose Avenue East. Ms. Wadell read a statement from Ms. Stuber. Ms. Stuber wrote the properry is dangerous, unsound, and not repairable. The walls and ceiling have begun to crack aud fall. Stucco has been put on top of old asphalt siding. The basement has limestone waiis that aze cracked and peeling. The floor joists have dry rot. It has been almost seven months since the first fire and not muc� has been dane to the pxoperty, Their properry values have decreased. Ms. Wadell stated the Siubers have a lot of damage on theu home from 60 Rose. Her concern is that a strict time line is followed. (A copy of the petition plus photographs were submitted for the record.) Michael Swiflca, 61 Rose Avenue East, appeazed and stated that 60 Rose is a burned out shell. After the second fire, he asked Mr. Magner why the properry was not demolished, and Mr. Magner said Mr. Cobb has the right to renovate the property. However, stated Mr. 5wifka, Mr. � � � s3 LEGISLATiVE HEARING MIIJUTES OF AUGUST 21, 2001 Page 4 Cobb does not live in the neighborhood. He is irying to make a profit after a structure ti�at is beyond salvaging. How he can make money on this properry is beyond him. Mr. Cobb has owned the property since mid Mazch. There had been no improvements made to tlus property before the second fite. �e Stubers have a house thai iooks im,,,��_ During the second fire, it started melting the siding on the Stubers house. Mr. Switka stated this eyesore should be demolished. Tim Mueller, 1568 Myrtle Street, appeared and stated he has been involved in the building trades for over 40 years, and involved in rehabilitating homes and building new ones for over 30 years. His wife's parents tried to keep the property up because the property was over 100 yeazs old. The underside of that home had dry rot over 20 yeazs ago. There is an old cistem that is underneath half of the basement. The stucco was installed poorly over the original siding. The house is inily a loss. He cannot believe a man can financially rehabilitate that house coaecUy, do it safely, take out Yhe bamt wood, put that place together again, and have a good safe home that would be attractive and reasonably comglementary to the neighborhood. Clazence Roban, 57 Geranium Avenue East, appeared and stated he agrees with the other comments from Iris neighbors. He is concerned about the Stubers that live nea�t dooz to 60 Rose. Mr. Strathman asked did Mr. Cobb have any comments to make in response. Mr. Cobb responded that he also has a petition signed by five neighbors asking the City to allow him to rehahilitate flie structure. He just got the petition going yesterday after hearing that Mr. Stuber had a peUtion. The work done so faz is demolition work on the inside and getting rid of the fire damage on the outside. He tore down the porch and back 1/3 of the house, the damaged retaining wall is gone, the roof is off of the house, and he has plating material securing the walls of the house to the flooring so lhat the house is not damaged by wind racking the frame. He has not had a crew af cazpenters redoing the house because he wants the hearing to give him indication that he can rehabilitate before he spends thousand of dollars. All work wiil be done according to code. A large part of the cost of the rehabilitation is his labor. He is a licensed contractor and he has done many houses. Mr. Strathman asked about the dry rot and the cistern under the buiiding. Mr. Cobb responded a11 that will have to be removed during the rehabilitation of the structeue. Aiso, this house has historic desigaation due to its age and the fronY �rch detaiis. Iie is eapioring the possibility of putting it on the historic register. Mr. S#raYhman asked is it in the historic preservation district. Mr. Magner responded it is not. Mr. Cobb stated he has a statement from a neighbor that there is a group in the azea that wants the house bumed down. Upon being asked how the security system will be installed, Mr. Cobb responded the garage electrical system is intact. An electrician will energize the electrical system in the gazage and he will bring one line of power to the house. There will be a motion sensor in the house. o,.�s3 LEGISLATIVE HEARING MINiJTES OF AUGUST 21, 2001 Page 5 Mr. Magner read a fire report into the record dated 7-20-01. This report is a supplement to the code compliance report dated 3-5-01. It stipulated what needed to be done. In addition, the owner will have to bring the plumbing, electrical, heating up to minimum standards, If the fire had not been put out at the time, the fire department would have had the building raised immediately at the time of the fire. Based on the fire department's belief and the subsequent inspection of the properry, it was deemed that it was noY an immediate hazard and not going to fall down; however, it created such a nuisance in the community, it was brought to this fonun so the community and the owner could bear any issues. In Mr. Magner's opinion, to rehabilitate this building is going to be cost prohibirive unless the owner is doing the majority of the work and is willing to consider his sweat equity as his profit out of the property. Mr. Strathman stated Mr. Cobb is a legitimate owner of the property, and has plans to rehabilitate it. Mr. Strathman understauds that people may have different opinions about whether something is economically viable; however, he daes not tiunk the City can substitute his judgement and the City Council's judgement for someone's business judgement. If Mr. Cobb is mistaken in his assessment of the economics of this, he is the one that will bear the consequence of that mistake. The owner is fully aware of the risks of this enterprise and the challenge before him. It is also clear the property is a disturbance to the neighbors. It will continue to be one because rehabilitation is not instantaneous. While Mr. Stratl�man believes that Mr. Cobb needs an opportunity to do this, the City has to set a rime line for him to accomplish this. Because he has met all the legal requirements--paid the vacant building fee, obtained a code compliance inspection, g�d the $2,OQ0 bond which could be forfeited if he does not fulfill his obligations--the City does not have any choice but to allow him sis months to complete his rehabilitaYion. As Mr. Cox referenced, if Mr. Cobb is more than 50% done within six months, he can apply for an additional six months. Gerry Strathman recommends granting the owner six months to cornplete the rehabilitation of tlus property. Resolution or+lering tLe a�vner to remove or repair the property at 63 Atwater Street. If the owner fails to comply, Code Enforcement is ordered to remove the buiiding. (No one appeared to represent the property.) Steve Magner reported this property was condemned June 2001 and has been vacant since 6-26-01. The owner is Atwater Investment Company. Two summary abatement notices have been issued to remove refuse, and secure the building. On 7-1-01, there was a fue that caused substantial damage to the groperiy. Because of this fire, an inspection of the building was conduc#ed on �-9-01, a iist of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on �-11-01 with a compliance date of 7-23-01. Vacant building fees aze due. Real estate taYes aze paid. Estimated mazket value is $43,200 on the shucture and $7,500 on the land; estimated cost to demolish, $8,000 to $9,000. The repairs aze in excess of $100,000. ot� 3S3 LEGISLATIVE HEARIN('i MINUTES OF AUGUST 21, 2001 Page 6 Mr. Magner received a phone call from Bob Neeser from Atwater Investment Company. His message was he would be at work and cannot attend the meeting. He is waiting to here from his insurance company; they will repair the building or tear it down. Mr. Neeser did not leave a phone number. He was served papers personally conczining this legislative heariug and the City Council pub&c hearing. A vacaut building notice, ord� to abate the nuisance, and the summary abatement have been posted on the properiy, and were still there the other day when the property was inspected. This has been a problem property for a number of years. Gerry Shathman recommended approval of the resolution based on the information provided by Code Enforcement, the review of the photographs, and absent any testimony from the owner. The meeting was adjourned at approximately 11:00 a.m. � o�-�s� REPORT Date: July 17, 2001 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman Legislafive Hearing Officer Laid Over Summary Abatements: JO l SNO W 1 Snow and/or ice removal at 1002 Carroll Avenue; J0102C1 Demolition at 1093 Seventh Street West and 520 Bav Street; J0102BB Boardings-up at 664 Edmund Avenue and 729 Edmund Avenue; J0103AA Property clean up at 729 Bdmund Avenue. 664 Edmund Avenue (J0102BB) Legislative Hearing Officer recommends approval of the assessment. 729 Edmund Avenue (J0102BB) Legislative Hearing Officer recommends approval of the assessment. 729 Edmund Avenue (J0103AA) Legislarive Hearing Officer recommends approval of the assessment. 1093 Seventh Street West, 520 Bav Street (J0102C1) Legislarive Heazing Officer recommends approval of the assessment. 1002 Carroll Avenue (301SNOW1) Legislative Hearing Officer recommends delering the assessment. 2. File JOl Si 7MA - Laid over sununary abatement far 916 Minnehaha Avenue East. Legislative Hearing Officer recommends approval of the assessment. 3. Summary Abatements: J0104A Properry clean-up during April and May 2001; J0103C Demolition of buildings during April and May 2001; J0103B Boazding-up of vacant buildings during Mazch and Apri12001; J0104V Towing of abandoned vehicles from private property during January 2001. 916 Minnehaha Avenue East (J0104� Legislative Hearing Officer recommends reducing the assessment to $500 plus the $45 service fee for a total assessment of $545. LEGISLATIVE HEARING REPORT FOIt JULY 17, 2001 349 Cook Avenue East (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1612 Alameda Street (70103B) Legislative Hearing Officer recommends approval of the assessment. 905 Iroauois Avenue (70103B) Legislarive Hearing Officer recommends approval of the assessment. 650 Aurora Avenue (J0104A) Legislative Hearing Officer recommends approval af the assessment. 597 Blair Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. 1910 Chelton Avenue (J0104A) Legisladve Heazing Officer reeommends approval of the assessment. 157 Front Street (J0104A) Legislative Hearing Officer recommends approval of the assessment. 1660 Davton Avenue {IQ104A) Legisiative Hearsng Qfficer recommends deleting the assessment. 122 Lvton Place (J0104� Legisiative Hearing Officer recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) Legislative Hearing Offic.�r r�commends approvai of the assessment. e � -�sS Page 2 515 Nevada Avenne East (701fl4A) Legislative Hearing Officer recommends reducing the assessment to $250 plus the $45 service fee for a total assessment of $295. 164 Robie Street West (J0104A) I,egisiatfve I�eaTing Officer r�commends apgRaval of the assessment 327'�l'�ifrrd S�cet Fast �JQ1Q4A) Legisla�e Hqring O�c� a approval �f ihe assessment. 1744 Carroll Avenue (J0104A) Legislative Hearing Officer recommends deleting the assessment. o►-�s3 LEGISLATIVE HEARIlVG REPORT FOR JLTLY 17, 2001 Page 3 1 Q75 Portland Avenue (J0104A) Legislative Hearing Officer recommends laying over to the July 24, 2001, Legislative Hearing. G �� Resolution ordering ihe owner to r�ove or repair the building at 843 Rice Street. If the owner fails to comply with t{ie iesaiution, Coc�e Fax€csrcemeni is ordered to remove the building- (Laid over from 6-5-01) Legislative Hearing Officer recommends laying over to the August 21, 2001, Legislative Hearing to allow time for closing of sale to NEAR (North End Area Revitalization, Inc.). 5. Re�lutiaa ordering the owner to remove or repair the building at 790 Selby Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends the owner be given six months to complete the rehabilitation of the properry on condition f}sat the owner apply for a code compliance inspection by noon of Tuly 25, 2001. � � �' ��Tly Date: June 5, 2001 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislarive Hearing Officer 1. Resolution ordering the owner to remove or repair the building at 855 Woodbrid�e Street. If the owner fails to compiy, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends granting the owner six months to complete the rehabilitation of the properry on condition that the following is done by noon of June 27, 2001: post bond and pay the vacant building fees. � 2. Resolution orderiag the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply, Code Enforcement is nrdered to remove the buildiug. (Laid over from 3-20-01) Legislative Hearing Officer recommends laying over to the July 17, 2001, Legislative Hearing. � MINUTES OF TI� LEGISLATIVE HEARING Tuesday, June 5, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 14:02 a.m. STAFF PRESENT: Jason Broberg and Steve Magner, Code En£orcement liesolution ordering the owner to remove or repair the building at 855 Woodbrid�e Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. Steve Magner reported this building has been vacant since 5-3-96. The current owner is Steven C. Johnson, who has sold it to John W. Nelson. There have been ten summary abatement notices to secure doors and windows, remove rubbish, cut tall grass, remove snow and/or ice. On 4-6- Ol, an inspection of the building was conducted, a list of deficiencies which consfitute a nuisance condition was developed, and photographs were taken. As of this date, the property remains in a condition which comprises a nuisance as defined by the legislative code. Vacant building registration fees are due. Real estate tases aze unpaid in the amount of $655.20. Estnnated mazket value is $12,500; estimated repairs, $34,000; estimated demolition, $6,000 to $7,000. A code inspection has been done. A bond has not been posted. Mr. Magner stated John W. Nelson pulled a bond, the matter went to the City Council, and Mr. Nelson was given 180 days to repair or remove the properiy. He failed to complete the work, the bond was forfeited, and given back to the City. Mr. Nelson contacted a lawyer, and the lawyer worked out an agreement to post a new bond. Again, he was given 180 days, and that bond was forfeited to the City. In 2000, Code Enforcement requested the owner post a new bond, and that bond was forfeited. Therefore, three bands totaling $6,000 haue been put against this properry and forfeited to the City. There still is not compliance with this properry. Mr. Magner went on to say the owner has installed siding, and worked on three sides of the building. The interior is gutted. There are a few stud walls. The building is far from rehabilitated. This issue is going on five yeazs now. John W. Nelson, owner, appeared and stated he intends to homestead as soon as possible. This turned out to be a bigger issue than he thought. He has been slow rehabilitating the property, and it has cost him deazly. He has rebonded as of yesterday. In the last few weeks, he has done a lot. (Mr. Nelson showed a photograph that he took yesterday.) Mr. Strathman stated the properry looks better. Mr. Nelson stated the electrical has been redone. He has worked on the roof. He would like to get the pernuts, get a certificate of occupancy inspection, and occupy it by the end of July. The taz�es were paid last week. Gerry Strathman stated he will recommend the owner be granted six months. Tf tlris matter comes back again, Mr. Strathman will recommend approval of the resolution. Mr. Magner stated LEGISLATIVE HEARING MINIJTES OF .iLTNE 5, 2001 Page 2 he would like to see the vacant building fees paid, the bond is posted, and all needed pernuts pulled by the City Council date. Gerry Strathman recommended the owner be granted siY months to complete the rehabilitation of the properry on the condition that the following is done by noon of June 27, 2001: post a bond and pay the vacant building fees. Resolution ordering the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply, Code Enforcement is ordered to remove the building. (Laid over from 3-20-01) Gerry Strathman stated he held a hearing on this before, and would like to know where they are with this bwilding. Lori Pagel, representing Xcel Energy, appeazed and stated one issue needs to be resolved, and they are working with the 6tle company to resolve that issue. Hopefully, that will be done without a major delay. Once they have the title, they are determined to sell the properry. There aze two interested purchasers now. Mr. Strathman asked when she expects to have title and when it will be sold. Ms. Pagel responded they have given the title company to July 5 to haue clear title. Steve Magner reported the properiy has been secuzed duzing the recent inspection. A siunmary abatement was issued to cut tall grass in the last two weeks. Xcel Energy, formerly NSP, is the holder of the property. They are next door to this property. Mr. Magner is unclear of the item left to do on the title. Also, he wondered if they could sell the building today or start the work on the building before clearing the title. Ms. Pagel stated both sellers want to rehabilitate the building to make it useful. Wa11y Nelson and NEAR (North East Area Revitalization) aze two interested parties. Wally Nelson, Renovation Inc., appeazed and stated he has been negotiating with Xcel Energy for a few months. There is a cash offer on the table. The title issue is not really an issue. He would buy it tomonow and start the rehabilitation process in a week or two. Ms. Pagel responded Mr. Nelson has made offers. The remaining issue is an unsafisfied mortgage of record. If Xcei were to buy the properry, they would deduct that mortgage amount from their price, which is fine. Ms. Pagel plans to go with the title insurance. Mr. Strathman asked if they intend to sell it to someone once they get the title issue resolved Ms. Pagel responded yes. Mr. Strathman asked will they take caze of the exteriar maintenance. Ms. Pagel responded that should have been taken care of. LEGISLATIVE HEARII3G MINUT'ES OF J{ JNE 5, 2001 Page 3 Mr. Strathman laid over this matter to the 3uly i917, 2001, Legislative Hearing. Aopefully, the matter will be resolved by then, and the title will be cleaz. He will not continue the matter beyond that day. Mr. Magner added that at the 7uly -i-617 hearing, he would like to see the new owner post a bond, have a team inspection completed, and be ready to get the permits to start workiug on the building. Ms. Pagel responded if the maiter is not to the point where she can transfer tifle, she does not believe Xcel would rehabilitate it. They would be more likely to demolish it. Other peopie in the Ciiy and the area would like the property 2o be zehabilitated instead of demolished. (Note: this matter was laid over to July 10 at the Legislafive Hearing; however, that meeting has been cancelled. This matter has now been laid over to July 17 instead. Ms. Pagel and Mr. Nelson were notified via phone and letter.) The meeting was adjourned at 10:21 pm. rrn d/-.�� .3�� Date: March 20, 2001 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Summary Abatements: File JQ1Q1C Demolition of vacant buildings during the monUvs of November and December, 2000; File JOIBDIJP Boazding-up of vacant buildings thru June and October, 2000; File 70101 G Grass cutting (by private contractor) during the months of August, September, and part of October, 2000; File JO 101 V Abandoned vehicles towed from private property during June thru September, 2000; and File JOl SiJM Properly clean-up during the months of August, September, October, November and/or December, 2000. 1069 Greenbrier Street (JOl SLTIvn Legisiative Heazing Officer recommends approval. 827 Aurora Avenue (301 SIJiv� Legislative Hearing Officer recommends approval. 600 Weils Street (JOIBDUP) Legislative Hearing Officer recommends approval. 970 Geranium Avenue East (JOIBDUP) Legislative Hearing Officer recommends reducing the assessment from $234.80 to $100 plus the $45 service fee for a totai assessment of $145. 226 Winifred Street East (dO iBDUP) Legisiative Hearing Officer recommends approval. 891 Rice Street/a.k.a 889 Rice Street (JOIBDUP) Legislative Hearing Officer recommends deleting the assessment. 1182 Reanev Avenue (JOIBDUP) Legislative Hearing Officer recommends approval. 1094 Reanev Avenue (JOIBDUP) Legislative Hearing Officer recommends approval. ///-�5.� LBGISLATIVE HEARING REPORT OF 3-20-2001 1830 St Clair Avenue (JOIBDUP) Legislative Heazing Officer recommends approval. 934 Rice Street (JOIBDUP) Legislative Hearing Officer recommends approval. 136 Wilder StreetNorth (JOiBDUP) Legislative Hearing Officer recommends approval. 499 Sherbume Avenue (JOIBDUP) Legisiative Hearing Officer recommends approval. 559 Asbutv Street (JOl SUM) Legislative Hearing Officer recommends approval. 651 Blair Avenue (JOl SLTI� Legislative Hearing Officer recommends approval. 664 Blair Avenue (JOl SLTM ) Legislative Hearing Officer recommends approval. 18I8 Blair Avenue (301SUPv� Legislative Hearing Officer recommends approval. 1615 Charles Avenue (70101 V) Legislative Hearing Officer recommends approval. 979 Chazles Avenue- (JOl SUM) Legislative Hearing Officer recommends approval. 877 Charles Avenue (JO101� Legislative Hearing Officer recommends deleting the assessments. 887 Conwav Street (JO101� Legisiative Hearing Officer recommends deleting the assessment. 740 Edmund Avenue - Vacant Lot (701SUMj Legislative Hearing Officer recommends approval. , b38 Fuller Avenue (JOISUIvn Legislative Aearing Officer recommends approval. Page 2 O1-�s.� LEGISLATTVE HEEARING REPORT OF 3-20-2001 785 Hawthorne Avenue Fast (JOlO1V) Legislative Hearing Officer recommends approval. 634 Iglehart Avenue (JOISUM) Legislative Hearing Officer recommends approval. 1116 Jenks Avenue (JO101 � Legisiative Hearing Officer recommends approval. 1075 Jessamine Avenue East (JO1S[3M) Legislative Hearing Officer recommends approval. 596 Laurel Avenue - Vacant Lot (70101� Legislative Hearing Officer recommends deleting the assessment. 653 Lawson Avenue East (JO1StJM) Legislative Hearing Officer recommends agproval. 544 Minnehaha Avenue West (JOl SLTM) Legislative Hearing Officer recommends approval. 37i Pascal Street South (JOISIJI� Legisiative Hearing Officer recommends approval. Page 3 1835 St. Clair Avenue (J01 SL71vn At the request of Code Enforcement the Legislative Hearing Officer recommends laying over to the Apri117, 2001 Legislative Hearing and the April 25, 2001 City Council meeting. 706 Thomas Avenue (JO101 V) Legislative Hearing Officer recommends approval. 44Q Wheeler Street North (JQ1Si.TM) Legislative Heating Officer recommends approval. 6l1 Whitall Street (JO101� Legislative I3earing Officer recommends reducing the assessment from $1,828.70 to $1,200 plus the $45 service fee for a total assessment of $1,245. 1171 Minnehaha Avenue West (JOl STJM) Legislative Hearing Officer recommends approval. D� �s� LEGISLATIVE HEARING REPORT QF 3-20-2001 Page 4 66 Winnipeg Avenue (JOISIJM) Legislative Hearing Officer recommends approval. 12 Wyomine Street East (JOISLTM) Legislative Hearing Officer recommends reducing the assessment from $295 to $200 plus the $45 service fee for a total assessment of $245. 1675 & 1697 Idaho Avenue East - Vacant Lot (JOl SIJ11� Legislative Hearing Officer recommends approval. 1694 California Avenue East - Vacant Lot (JOlO1G) Legislative Heazing Officer recommends approval. I165 Hudson Road ( JOIBDUP) Legislative Hearing Officer recotnmends laying over to the Apri117, 2001 Legislative Aearing and the Apri125 City Council meeting. 615 Charles Avenue (JO101� At the request of Code Enforcement the Legislarive Hearing Officer recommends laying over to the April 17, 2001 Legislative Hearing and the Apri125, 2001 City Council meeting. 980 Euclid Street (JO1SLTlv� Legislative Hearing Officer recommends laying over Yo the Apri13, 2001 Legislative Hearing 650 Aurora (JOl SiJlvn Code Enforcement has requested deleting the assessmern due to a norification ertor, the Legislarive Hearing Officer recommends deleting the assessment. 2. Resolution ordering the owner to remove or repair the building at 843 Rice Street. If the owner fails to comply with the resolution, Code Eaforcement is ordered to remove the building. Legislative Hearing Officer recommends laying over to the June 5, 2001 Legislative Hearing and the June 27, 2001 City Council meeting. 3. Summary abatement appeal for 1251 Berkelev Avenue. Legislative Hearing Officer recommends eactending the compliance date to 7une 5, 2001. Oi �s� LEGISLATTVE HEARING REPORT OF 3-20-2001 4. Summary abatement appeal for 283 South Svndicate Street. Page 5 I.egislative Hearing Officer recommends extending the compliance date to June S, 2001. sjw CITIZENSERV[CEOFFICE � j � Fred Oweau, City Clerk DIVISION OF PROPERTY CODE ENFORCEMENT Michael R Morehead, Program blan¢ger CTI'I' OF SAIN� PAUL Nuisan[e Buitding Cade Enfortemenf NorntColeman,Mayor ISW-KelloggBlvd.2n.190 Tel: 651-266-8440 - Sain� Paul, MN 55101 Fax: 65l-266-8426 February 23, 2001 NOTICE OF PUBLIC HEARinGS Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enfarcement Di<<ision has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 843 Rice Street The City Council has scheduled the date of these hearings as follo�vs: Legislative Hearing - Tuesday, March ZQ, 2001 City Council Hearing - Wednesday, April 4, 2001 The owners and responsible parties of record are: Name and Last Known Address Xcei Energy 414 Nicollet Mall, 7` Floor Mpls, MN 55401 Attn: Lori R. Pa�el L':22I2St ree Or�ner Harris Trust & �avings Bank, Tnistee c!o Bank of New York 2 North LaSalle Street Ste. 1020 u ,e;ested Party Chica�o, IL 60602 re: Xce1 Energy Buriina on Northem & Santa Fe Railway 176 5th Street East St. Paul, MN 55101 re: case #62C397002622 7ee_�nent Holder di �.�� 843 Rice Street February 23, 2001 Pa�e 2 The legal description of this properry is: Lot 1, EXCEPT street and All of Lot 2, Block 3, McKenty's Out Lots to Saint Paul. Division of Code Enforcement has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then kno�vn responsible parties to eliminate this nuisance condition by conzcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the mtisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Division of Code Enforcement 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 the Division of Code Enforcement 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, �teve �a�ner Steve Magner Vacant Buildinjs Supervisor Division of Code Enforcement Citizen Service Office SM:ml cc: Frank Ber�, Buiiding Inspection and Design Meghan Riley, City Aftorneys Office Nancy Anderson, Assistant Secretary to the Council Paul Mordorski, PED-Housing Division ccnph ��3 NffNUTES OF TI� LEGISLA'INE HEARING Tuesday, July 17, 20Q1 Gerry Strathman, Legislative Hearing Officer Room 330 Courthouse The meeting was called to order at 10:04 am. STAFF PRESENT: Jolm Betz, Code Enforcement; Roxanna Flink, Real Estate; Fong Lor, LIEP (License, Inspections, Environmental Protection); Steve Magner, Code Enforcement; John Saumweber, Real Estate Laid Over Summary Abatements: JOISNOWI Snow and/or ice removal at 1002 Carroll Avenue; J0102C1 Demolifion at 1093 Seventh Street West and 520 Bav Street; J0102BB Boardings-up at 664 Edmund Avenue and 729 Edmund Avenue; and J0103AA Property clean up at 729 Edmnnd Avenne. 664 Edmund Avenue (J0102BB) (Fong Lor transiated for the owner. Gerry Strathman told Mr. Lor to e�lain to the owners of 664 Edmund Avenue and 729 Edmund Avenue that his duties are to translate and not act as an advocate.) Yee Lor, owner, 305 Awora Avenue, appeared. Mr. Strathman stated this is a chazge for emergency boarding by the Fue Department. It was ordered on 1-5-01, 5:30 a.m. The charge is for $795. He asked why the owner feels he should not pay it. Mr. Lor asked is it his responsibility to pay the fee or should his insurance company pay the fee. Mr. Strathman responded this is paid by the insurance company as part of the expense related to the fire customarily. He should present the bill to the insurance company. (Mr. Lor showed paperwork to Mr. Sirathman.) Mr. 5trathman looketl at the paperwor� and stated the coverage should pay for the cost of the boazding up, although he is not an expert on ihese things. Mr. Magner stated the insurance company generally requires an insurer to inimi�e any fiuther damage to the property. The insurance company usually wants the property boazded as soon as possible. If the owner has problems getting the company to pay it, he should go to a state examiner. Mr. Lor stated he cannot live at the property anymore, and he asked is it his responsibility to clean up azound the house, the lawn, etc. Mr. Strathman responded yes. Mr. Strathman asked when a bill would be received in this matter. Roxanna Flink c�plained the owner should receive a bill within a few weeks. C�\-�35� LEGISLATIVE HEARING MINUTES OF NLY 17, 2001 Gerry Strathman recommends approval of the assessment. Page 2 (NOT'E: there aze two assessments for ?29 Edmund Avenue: JQIQ3AA and J0102BB. J0103AA was discussed at the Legislative Aearing on June 19, and the Hearing Officer approved the assessment at the time. At the Legisiative Hearing Officer's request, the City Council laid over J0103AA and J0102BB to today's hearing for an interpreter to be present) �29 Edmund Avenue (J0102BB) (Fong Lor translated for the owner. Mr. Lor had previously ea�plained to the owner that lus duties aze to translate and not act as an advocate.) Ger Yang, owner, appeazed. Mr. Strathman stated t3us is a charge for $345 for an emergency boarding by the Police Departrnent. Ae asked why the owner should not pay this assessment. Mr. Yang responded the house was already boazded when he putchased it. Mr. Strathman explained that when a house is purchased, a buyer also buys all the responsibilities associated with the house; however, the seller is obligated to tell the buyer about pending assessments. If the owner was not told, then Mr. Yang should go to the seller and seek accomuiodations. Mr. Yang responded the seller came to the City to get an order to evict the tenants. Mr. Yang was not told about any pending assessment. Because he is the current owner, stated Mr. Stratlunan, the City will look to him to pay these fees. Mr. Yang asked can ihe City ask the seller about the pending assessment. Mr. Stratlunau responded this is a private transaction between the seller and the purchaser. The City cannot be involved. Gerry Strathman recommends approval of the assessment. 729 Edmund Avenue (J0103AA) (Fong Lor translated for the owner.) (See above regarding another assessment.) Ger Yang stated the gazbage inside and outside was cieaned up. I3o one lives at the property. He called the City to notify them about neighbors ttuowing fiunitute on the property, and he has not gotten any response. Steve Magner reported this was aiready heazd at the last legislative hearing on 7une 14. A videotape was shown at that time, and the assessxnent was approved The owner claims there O \-��3 LEGISLA"TIVE HEARING MINUTES OF JiJLY 17, 2001 Page 3 were things dumped on the property, but it is still the owner's responsibility. Once the owner is made aware of it, he is required to remove it. If it is not removed, the City will send people to remove it. Mr. Yang stated at the time of the assessment, he was not the owner. Mr. Magner responded the summary abatement was issued on 2-13-01. He asked when the property was purchased. Mr. Yang responded he became the owner on 2-5-01. Mr. Strathman recommends approval of the assessment. The charge goes to the property owner regardless of whether he owned it at the time of the assessment. 1093 Seventh Street Wesk 520 Bav Street (J0102C1) Robyn Mazshall, owner, address of 804 Stewart, appeared and stated she does not believe the contractor did what they were suppose to do for the asbestos removal. They didn't do anytlung for the 5econd Floor and they said they would do something in both of the bathrooms. Steve Magner reported the building was ordered to be removed by resolution. The cost to the demolition went to the low bidder which was Holst Excavating. They were required to obtain a licensed abatement to identify and remove any asbestos out of the property. They abated the asbestos and then raised the structure. Mr. Magner does not verify removal of asbestos; it is monitored by the State Department of Health and the MPCA (Minnesota Pollution Control Agency). There is a ten day waiting period after the building is raised and spot inspections aze done. The City is not required to follow up on that. It has to be a licensed abatement contractor to remove the asbestos. Mr. Strathmau asked about the charges. Mr. Magner responded the original demolition bid is $12,200, not including the asbestos. And then another $4,800 for the abatement of the asbestos. Ms. Mazshall stated they only did a third of the floor on the Third Level and nothing on the Second Level. They did not do half of what they were suppose to do. She does not feel she should be chazged for the full amount. Mr. Strathman stated he has no idea how this matter can be resolved. The company contracted to remove asbestos, did it under whatever supervision the State exercises over asbestos removal, and the City received a bill. Ms. Marshall responded she has photograplvs showing the business did not do anything. They ripped up the tile on the Third Floor and thaYs what they did for $5,000. Mr. Magner stated the building has been removed. If there was a concem at the time when she was out there, she should have contacted the City or the State. He asked what was left on site. Ms. Marshall responded they only did a third of the floor on the First Level, but the tile ran through the entire First Floor. They said it was asbestos contained tile. They said they included both bathrooms on the Second Floor. Mr. Magner responded sometimes it is not the tile, but the underlayment, the backing under the rile, or the linoleum. The contractor is responsible to make d � �S3 LEGISLATNE HEARING M1NiJTES OF JL3LY 17, 2001 � sure removed items do not have asbestos bearing materials. If the properly was demolished with the asbestos tiles taken to the landfill, the contr2ctor can be held legally responsible for it. One load ofunrecorded asbestos brought into a landfill has minimum $10,000 fines. The contractor is required by State law to have the asbestos abated before demolition. Mr. Magner stated he has no way to prove anything. A photograph of a tile does not prove that was the tile in question. Mr. Strathman responded it is a serious allegation; charging for work that a person did not do is a fraudulent activity. There has to be some conclusive evidence to show that the contractor engaged in this and he would guess the contractor would be reluctant to admit it. Ms. Marshall suggested asking them for a list of what was done for the charge. She has a videotape and photographs. Mr. Strathman stated he and Mr. Magner aze reluctant to approach the conhactor and accuse him of &aud. It is unlikely the City will do that unless there is evidence. Gerry Strathman recommends approval of the resolution. 1002 Carroll Avenue (701SNOW1) Lee Walker, owner, appeazed and stated he received the abatement and cleaned it up right after he received it. He put down salt as well. (A videotape was shown.) Mr. Walker stated he got the notice on a Friday and cleaned it up on Saturday. John Betz responded the notice was mailed on 3-6-01, the reinspection was 3-9-01, and the work was done on 3-15-01. (The videotape was shown again.) Mr. Walker stated the units are so close together that maybe the wrong address was cited. He kept his sidewaik clean all winter. Gerry Strathman recommends deleting the assessment. He will take the owner's word that the sidewalk was kept clean. {NOTE: There aze two assessments for 916 Minnehaha Avenue East: JOl SUMA and J0104V. JOl SUMA has been laid over from 6-19-01.) File JO1SiJMA - Laid over summary abatement for 916 Minnehaha Avenue East. Gerry Strathman stated this is an assessment for removing tires, refuse, metals, etc. Andrew Pham, owner, appeared and stated he received notice and he did the work. He told the clean up crew that the work was already in progress, but they told him they were there on an LEGISLATNE HEARING MINUTES OF JULY 17, 2001 c� ` �S3 Page 5 order for it to be done now. They had to call the police because he was asking them questions, such as did they have the groper paperwork. He is here to say that he has all the motivafions to get it done and he has been getting it done. Gerry Sirathman stated there are a couple of issues here and in some sense they both have been answered: 1) By Code EnforcemenYs records and by the owner's acl�owledginent, a notice was sent. 2) There is a videotape �d the owner acknowledged that the crew came out and did the work. There is no basis for not approving the assessment. Mr. Pham stated he had some lagai issues. By chargiug the abatements and pushing the schedule ahead is not getting the pmperty finished any sooner. He is a studeat and a fuhue business owner. His recources aze limited. He keeps Harold Robinson (Code Enforcement) informed of his progfess. Mr. Pham says the City was a little too enthusiastic about getting it done so eazly. Evetything was ready to be taken away and the City came too soon. bIT• Sh'athman stated his paparwork reads that orders were issued on 10-12-00, and the work was to be completed by 10-16-00. T4ie work was not do� until 10-25-00. It seems the City crew was late instead of eazly. Mr. Fong responded there were more things he was doing at the time. Everything was by the fence azea ready to be moved. Gerry Strathman recommends approval of the assessment. It seems the City gave the owner proper notice. Summa�y Abatements: JOi�i4A Property elean-up during April and May 2Q01; J0103C Demolition of bnildings dnring April and May 2001; J0103B Boarding-up ofvacant bu�dmgs during March and Apri12001; J0104V Towing of abandoned vehicles from private property during January 2001. 916 Minnehaha Avenue East (70104V) (See above regarding another assessu�ent) A.ndrew Pham asked why it cost $1,469.60 to tow the vehicle. Mr. Strathman responded it does seem like a lot. Roxanne Flink responded it was one vehicle. Mr. Pham stated the vehicle was legally pazked. The City }umped to conclusions and illegally entered the property. The City tore up bazriers to get to a veiricle that was in its place. That is wrong and illegat. Gerry Sirathwaa statexi he �vill reduce the assessmem #o $5pp pius the $45 service fee. Mr. Pham asked how he came to that amount. Mr. Strathman responded he hes consulted with the lieutenant and commander in charge and they believe if a vehicle is disposed within 30 days, wlvch is a reasonable amount of time, the cost would be about $500. For some reason, it seems this vehicle must have been on the Impound Lot longer than normal. o�� LEGISLATTVE HEARING MINUTES OF JiJLY 17, 2001 �.:• . Mr. Pham stated that is because he had taken legal action on this. This was a 1958 Buick Berkeley B90. It was a rare and collectible vehicle. It was not abandoned. It was properly stored. Mr. Strathman responded he cannot heip him because tbat issue will have to be dealt with in court. Mr. Pham stated he is in legat proceedings with that. A tow costs $125. He was in the process of getring ttiat vehicle out. He and Commander Morehead ha�e some unremained 'assues here and that is why he made it difficult for Mr. Pham to acquire the vehicle. Mr. Pham did not have the option to get it oirt. Steve Magner stated there is a letter to Andrew Fong dazed 3-4-01 from Mike Morehead. The letter says the City removed the vehicie from the property. The letter stipulated what needed to be done to acquire the velricle. Gerry Strathman recommends reducing the assessment to $500 plus the $45 service fee for a total assessment of $545. 349 Cook Avenue East (J0104A) (No one appeared to represent the pmperiy.) Gerry Strathman recommended approval. 1612 Alameda Sueet (J0103B) (No one appeared to represent the properry.) Gerry Strathman recommended approval. 905ltoquois Avcinue (J0103B) (No one appeared to represent the property.) Gerry Strathman recommended approval. 650 Aurora Avenue (30104A) (No one appeared to represes�t #he property.) Gerry Straflunan recommended approval. 597 Blair Avenue (J0104A) Dave Harvieux, owner, appeared and stated ihe first nofice he received was on June 30. He contacted Code Enforcement and he was told norices were sent to the previous owner. Mr. � l LEGISLATIVE HEARING MINUTES OF JULY 17, 2001 p�e '7 HarvieuY purchased the building April 2000 on a contract for deed. The proper documents were recorded with the Ramsey County in May 2001 because he had not received a ta�i statement from Ramsey County. He contacted them and was told the documents had never been recorded. He foilowed up with Ramsey County, they called him back, and said they made a mistake. Also, when he did call, he inquired about what needed to be done. He was told there was an upholstered chair, carpet, and a bag of refuse on a deck. He removed these items from the deck himself. Perhaps there is another chair, carpet, and bag of refuse. John Betz reported he used Ramsey County tax records to find out where to send the notices. Mr. Sttathman asked who told him in Ramsey County the records were in error. Mr. Harvieux responded Debbie in the Recorder's Office. He could get document numbers. He got the notice for today's meetmg because they updated their records. (A videotape was shown.) Mr. Strathman stated it was clear from the videotape there was trash on the deck, but it was not cleaz it was the same trash that was listed. The person on the videotape mentioned a tire and trash. Those items are not cited on his paperwork. Mr. Harvietix responded it was hard to see what they took. Mr. Betz stated there were two issues heze: one was trash on the back deck, and the other was the carpet and chair somewhere in the yazd azea by the gazage. That was not part of the videotape, so his presumption would be it was not there when the crew got there. The crew cleaned up bags of trash, which would indicate they were there. Gerry Strathman recommends deleting the assessment. There aze serious problezns as to whether he was notified and whether the cleanup done was the same cleanup in the order. 1910 Chelton Avenue (3fl3fl4A) (No one appeared tci iepreseui the pmperty.) Gerry Strathman recommends approval of the assessment. 157 FronY Street (J0104A) Pa Hang, owfler, appeared aad sYa#ed she and her fimther owa this pmperty_ Some personal items were taken that were stored properly. Mr. S#�athman asked was she notified. Ms. Hang responded yes, but she aiready lived in the house. She cannot do heauy jobs because her hand hurts. She tried to pay people to do the cleanup, but she cannot afford much. O\-3�3 LEGTSLATIVE HEARING MINUT'ES OF JULY 17, 2001 �� Mr. Strathman stated if she feels the City took things they should not have taken, she can file a claim against the City. Mr. Hang stated the chazge of $899.00 was not worth it for the cleanup. She would like to see the videotape. . (A videotape was shown.) Gerry Strathman recommends approvai of the assessment. It looks like a major cleanup. The assessme�t is not excessive given the amount of work that i�ad to be done. 1660 Dayton Avenue (J0104A) Connie Wiiliams, owner,1290 Belmant Lane East, Maplewood, appeazed and stated she did not own the pcoperty when the cieauup was done. At the time of the cleanup, other people were in the pracess of moving in. Her ownership ended 3-1-01. The new owner is Benjamin Bordman (phonetic). John Betz reported the notice was sent to the listed owner. Yesterday, it was still listed as Williams. John Saumweber responded Real Estate got the notice returned in the mail. Roxanna Fliak reported Real Estate got a notice from Pazks and Recreation that they did the work on 9-Cral. It was not pending when Ms. Williams sold it to the new people. The new owner was notified of the hearing today, and the new owner will get the bill. Ms. VJilliams stated that it was her junk. The new owner said he never got notice until it was buildozed. She never received a notice either. She had a broken hand, and was unable to clean it. She picked ap what she could when it was out of the ice. A'f�'• Betz stated Ramsey County tax records show she was the owner, and a notice was sent to her at her address. It was retumed undeliverable. The new owner has never registered the contract. Until now, they never had a name for the new owner. It is someone's responsibility to register the contract and change the ownership. Ms. Williams responded she has called her new address into the City a number of times. Roxanna Flink stated whoever handt� the closing should be contacted about why the ownership was not changed. Aer office knew of the new owner because of the return mail. It is the property owner's responsibifiry to make sure the records aze correct. In Minnesota, a person is not required to file a deed. Gerry Strathman recommends deleting the assessment. He does not doubt the work was done, but he is concerned about notification requirements. 0��3 LEGISLATIVE HEARING MINLJTES OF JULY 1'7, 2001 122 Lvton Place (J0104V) .,_.. Greg Flesvig, owner, appeared and stated notices were sent to the previous owner. The only notice he received was the one to come here today. He was wld that his tenants received the notice. John Betz reported Ramsey County T�ation Records indicated two other people were the owners. Notice was sent to them and the occupants of 122 Lyton Place. He did a printout of the ownership on Friday and it comes up with Flesvig at 122 Lyton Place. Gerry Strathman recommends deleting the assessment. 1165 Minnehaha Avenue East (J0104A) (No one appeared to represent the properry.) Gerry Strathman recommends approval of the assessment. 515 Nevada Avenue East (J0104A) Bazb Bartok, ownet, appeared and sta#ed a stacked pile of wood by the shed was removed. She had major surg�y in March, and depended on other people to help her. Mr. Betz reported the final notice was mailed 2-23-01. Ms. Bartok stated the yazd was dug up when the City took the items. She asked why the cut wood was taken. Mr. Strathman responded because it was not properly stored he presumes. (A videotape was shown.) Mr. Strathman stated it dces not look like much of a cleanup. (The videotape was shown again.) Ms. Bartok asked about the gouges in her yard. Mr. Strathman stated she should file a claim against the City foz dam�ages. Getry Stra�man racamme�ds �tx}acffig #he assessment ta $25p pins the $45 sexvice fee for a total assesssueQt of $235. The ovv�et vvas aotifie�, but the a�scssmc.vt is #oo high. 164 Robie Street West (J0104A) (I3o one appeared to represent the property.) Gerry Sirathman recommends approval of the assessment. a\-��53 LEGISLATiVE HEARING MINUTES OF Ji3LY 17, 2001 327 Winifred Street East (J0104A) (No one appeared to represent the property.) Gerry Strathman recommends approval of the assessment Page 10 � Resolation ordering the owner to remove or repair the building at 843 Rice Street If the owner faiLs to comply with the resolurion, Code Enforcement is ordered to remove the buildiag. (Laid over from 6-5-01) Lori Pagel stated they have accepted an agreement with NEAR (North End Area Revitalization, Inc.). They will purchase tt� properly and rehabilitate it. Ms. Pagel is working with the title uvsurance company to clear the tifle. NEAR has signed a letter of intent. They have had an azchiiect go through the property. The purchase agreement has not been signed. Gerry Strathman asked when the closing will be. Ms. Pagel responded they have not set a date. Gerry Strathman recommends laying over to the August 21, 2001, Legislative Heazing to allow time for closing of sale to NEAR (North End Area Revitalization, Inc.). He requested Ms. Pagel notify him when the closing has happened. Then, he will deal with NEAR about the properry from that point forward. NEAR will be notified at that point to post a bond. Resolutioa urdering the owner fo remove or repair the building at 790 Selbv Avenue. If the owner fails to comply with the resohttion, Code Enforcemeat is ordered to remove the building. Manoucher Rostamkhani, owner, and Kristine Kujala, Ramsey County Taac Forfeited Lands, appeared. Ms. Kujala stated that Mr. Rostamkhani is the contract purchaser on this property that he purchased at auction. ';'}iis property has a long history of nothing being done on it. Steve Magner reported the building has been vacant since 6-26-84. The current owner is Manoucher Ro�amkha,,;, who purchased the properry from Ramsey County at auction. There have been 18 sumivary abatement notices issued to ciean the property, secure it, cut tali grass, remove snow, restore hazard fencing. On 4-26-Oi, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developecl, and photographs were taken. As of this date, the pmperty remains in a condition which comprises a nuisance as defined by the legislative code. The vacant buiiding fees have been �xiid. Real estate t�es aze paid. The estimated mazket value is $45,000, esfiimated cost to repair, $75,000; estimated cost to demolish, $10,000 to $11,000. The building is gutted: there is no heating, electrical, or plumbing operable. Mr. Rostamkhani purchased a bond five days ago. The dwelling has to be rehabilitated as a single family or a duplex. The previous owner only lost the dwelling and one of the parcels. The other parcei has the garage and some decks, which still belong to the previous owner. Mr. Rostamkhani stated he plans to finish flas building. o �3�3 LEGISLATIVE HEARING MINiJTES OF JULY 17, 2001 Page 11 Mr. Strathman stated the only thing missing is the code compliance inspection in order to know what has to be done to bring it up to code. Mr. Rosta,,,kha,,; responded he did not Imow about it. Gerry Strathman recommends the owner be given six months to complete the rehabilitation of the property on condition that a code compliance inspection is applied for by noon of July 25, 2001. 1744 Carroli Avenue (70104A) John Betz reported he spoke to the owner today. Mr. Betz reviewed the file, photographs, and the videotape. Mr. Betz requests that this be deleted. There were a lot of circumstances here. Gerry Strathman recommends deleting the assessment. 1075 Portland Avenue (J0104A) John Betz requested tlus be laid over to the neat meeting. Gerry Strathman recomu�ends laying over to the July 24, 2001, I.egislative Aearing. The meeting was adjoumed at 12:02 p.m. � 330 Toronto Street (J0104A) After the meeting, Roxanna Flink said that this should be deleted because of notification issues. Gerry Strathman recommends deleting this assessment