01-786Council File # O� — �lg'Cr
Green Sheet #/ � Z'.3 y�
RESOLUTION
SAINT PAUL, MINNESOTA
Presented By
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Referred To
Committee: Date
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WFIEREAS, 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, single family dwelling and metal shed located on property hereinafter
referred to as the "Subject Property" and commonly lrnown as 1183 Arkwright Street. This property is
legally described as follows, to wit:
Lot 3, Eidsmo Addition.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Division of Code Enforcement on or before March 22, 2001, the following aze the now known
interested or responsible parties for the Subject Property:Deparhnent of Verterans Affairs, Regional Office
Fort Snelling, St. Paul, MN 55111; Donald Dumais Drouin Jr., 1183 Arkwright Street, St. Paul, MN
55101; Miles Jeffrey Hecht, 1183 Arkwright Street, St. Paul, MN 55101; Bankers Trust of CA Trustee,
c/o Nation, 4041 Knight Amold Road, Memphis, TN 38118 ,
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 May 22, 2001; and
WHEREAS, tlus order informed the then laiown 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 June 21, 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 corrected 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 time, date, place and purpose of the
public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, July 24, 2001 to hear testimony and evidence, and after receiving testimony and
evidence, made the recommendarion to approve the request to arder 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 blighting influence on the community by rehabilitating this structure in accordance with all
applicable codes and ordinances, or in the alterna6ve by demolishing and removing the sh in
accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be
completed within fifteen (15) days after the date of the Council Hearing; and
o � -'1d4
1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August Ol, 2001
2 and the testimony and evidence including the action taken by the Legislarive Hearing Officer was
3 considered by the Council; now therefore
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BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced
public hearings, the Saint Paul City Councii hereby adopts the following Findings and Order concerning
the Subject Property at 1183 Arkwright Street:
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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 dollars ($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 Subj ect 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.
8. That the known interested parties and owners are as previously stated in this resolution and
that the notification requirements of Chapter 45 haue been fulfilled.
ORDER
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 shucture and correcting a11 deficiencies as prescribed in the above
referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and
ardinances, 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 aze necessary to
demolish and remove this shucture, 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.
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1 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal
2 properry or fixtures of any kind which interfere with the demolition and removal shall be removed
3 from the property by the responsible parties by the end of this time period. If all personal properiy
4 is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and
5 dispose of such properiy as provided by law.
4. It is filrther ardered, that a copy of this resolution be mailed to the owners and mterested parties in
accordance with Chapter 45 of the Saint Paul Legislative Code.
Adopted by Council: Date �r� �_� � �
Adoption Certified by Council Secretary
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Requested by Department o£
Citizen Service Office; Code Enforcement
By:
��./ �.,��-�>
Form Approved by City Attorney
Approved by Mayor: Date � �Q ��
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Approved by Mayor for Submission to Council
By: c' �i.d't--�
. � DEPARTMQJTlOFFICE/COUNCIL -
Division of Code'Enforcement `
,. CONTAC7PERSON&PFKKJE
Michael R. Mozehead 266-8439
MUST BE ON COUNCILAGBJM BY (OATq
Wednesday, Au�ust Ol, 2001-
DAiEelflulED
06/29101
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TOTAL # OF SIGNATt1RE PAGES _
GREEN SHEET
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(CUP ALL LOCA NS FOR SIGNATUR� �
ry Council to pass this resolurion which will order the owner(s) to remove or repair the referenced building(s).� If
; owner fails to comply with the resolution, the Citizen Service Office, Division of Code Enforcement is ordered
remove the building. The subject properry is located at 1183 Arkwright Street. ��� �����,�}� �Gra?2?
, : �1
PLANNING CAMMISSION
CIB COMMITTEE
CIVIL SERVICE CAMMISSION
HesMis PersoNfirtn e.er xarlaed untler a canhac[ �r fhis depaMienY1
VES NO
ti� ihis oneaMrm eter been a aty anqoyee9
. ,
, YES NO -- _.___.-
Do� this Pe�saNfirm P� a sidll�naQ no�mal�YO��� bY �Y current cilY emWm/ee?
YES NO
IsihisP��atarpMetivendoR . ,
YES NO
"�'I'8�"�f�4A4�r�('s��s °P�&��M'�h� ��ed in Chapter 45 and a vacant building as defined in Chapter 43 0.
the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement
O�cer were given an order to repair or remove the building at 1183 Arkwright Street by June 21, 2001, and haue
failed to comply with those orders.
����
IF
The City will eliminate a nuisance.
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` The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property,
collected as a snecial assessment a�ainst the property taaces.
A nuisance condition will remain unabated in the City. This buifding(s) will continue to blight the community.
fOTAL AMOUNT OF TRANSACTION t � � WST/REVENUE BUD6ETm (GRCLE ON� .( YES �V NO
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=UNDINGSOURCE Nnisance Housin¢ Abatement ACTNITYNUMBER 33261
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INFORMATION (pfPWN)
'C 1-'1d6
REPORT
Date: July 24, 2001
Time: 10:00 am.
Place: Room 330 City Hall
15 West Kellogg Boulevazd
LEGISLATIVE HEARING
Gerry Strathman
Legisiative Hearing Officer
Laid Over Summary Abatements:
J0102CC Demolition of 1317 Arkwrieht Street.
JOl SNOW2 Snow and/or ice removal from 1016 Beech Street.
131'7 Arkwri�ht Street
Legislative Hearing Officer recommends approval of the assessment.
1016 Beech Street
Legislative Hearing Officer recommends deleting the assessment.
2. Laid Over Summazy Abatement:
J0104A Property cleanup at 1075 Portland Avenue.
Legislative Hearing Officer recommends laying over to the August 7, 2001, Legislative
Hearing.
3. Resolution ordering ttie owner to remove or repair the property at 1183 Arkwright Street.
If the owner fails to comply, Code Enforcement is ordered to remove the building.
Legislative Hearing Officer recommends granting the owner 90 days to remove or repair
the properry on condition that the vacant building fee is paid by noon of August 6, 2001.
4. Resolution ordering the owner to remove or repair the properry at 1003 Hudson Road. If
the owner fails to comply, Code Enforcement is ordered to remove the building.
Legislative Hearing Officer recommends approval.
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CITIZEN SERV[CE OFF[CE
Fred Owusu. Ciry Clerk
DNISION OF PROPERTY CODE ENFORCEMENT
Michael R. Morehead, Psogsam Manager
CTI'I' OF SAII�IT PAIJL Nuisance Building Cade Enforcement
Norm Colemars, Mayor IS W. KetloggBlvd. Rm. 190 Tel: 65I-266-8440
Saint Pau1, �55702 Fax: 651-266-8426
June 29, 2001
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
,Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested
the City Council schedule public hearings to consider a resolution ordering the repair or
removal of the nuisance building(s) located at: ,
1183 Arkwright Street
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, July 24, 2001
City Council Hearing - Wednesday, August Ol, 2001
The owners and responsible parties of record are:
Name and Last Known Address
Depaximent of Verterans Affairs
Regional Office
Fort Sneliing
St. Paul, MN 55111
Donald Dumais �rouin Jr.
1183 Arkwiight Street
St. Paul, MN 55101
Miles Jeffrey Hecht
1183 Arkwright Street
St. Paul, MN 55101
Bankers Trust of CA Trustee
c/o Nation
4041 Knight Arnold Road
Memphis, TN 38118
Interest
Fee Owner
Equitable Title
Equitable Title
Mortgagee
Ol-1r�
1183 Arkrvright Street.
June 29, 2001
Page 2
The legal description of this property is:
Lot 3, Eidsmo Addition.
Division of Code Enforcement has declared this buildin�(s) to constitute a"nuisance" as
defined by Le�islative Code, Chapter 45. Division of Code Enforcement has issued an
order to the then lrnown responsible parties to eliminate this nuisance condition by
correcting the deficiencies or by razing and removing this building(s).
o�-��'
Inasmuch as this Order to Abate has not been complied with the nuisance condition
remains unabated, the community continues to suffer the blighting influence of this
property. It is the recommendation of 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 incurred '
against the real estate as a special assessment to be collected in the same manner as taxes.
Sincerely,
�teve �a�ner
Steve Ma�er
Vacant Buildings Supervisor
Division of Code Enforcement
Citizen Service Office
f.`luR�l
cc: Frank Berg, Building Inspection and Desi�n
Meghan Riley, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Council
Paul Mordorski, PED-Housing Division
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MINUTES OF Tf� LEGISLATIVE HEARING
Tuesday, July 24, 2001
Room 330 Courthouse
Crerry Strathman, Legislative Hearing Officer
The meeting was called to order at 10:05 a.m.
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STAFF PRESENT: John Betz, Code Enforcement; Roxanna Flink, Reat Estate; Steve Magner,
Code Enforcement; Mike Morehead, Code Enforcement
Laid Over Summary Abatements:
J0102CC Demolition of 1317 ArkwriEht Street
JOISNOW2 5aow aad/or ice removal from 1016 Beech Street
1317 Arkwri�ht, Street
(No one appeared to represent the properry.)
Gerry Strathman recommends approval of the assessment.
1016 Beech Street
(A videotape was shown.)
Moira Gaid�uwa, owner, appeared. Her sidewalk has less snow than the adjacent property. It
looked like it was plowed the previous day and was snowed over in the morning.
John Betz reported that upon receipt of a complaint, a letter was mailed on 1-19-01 to the
property owner at 451 Lynnhurst Avenue East. An inspecfion was conducted on 1-24-01. The
inspector noted there was snow and ice buili up on the sidewa3k. A handwritten notice was sent
to the property owner at the sazne address. It was reinspected on i-31-01. It read that the snow
and ice semained and the sidewalk was hazardous.
Ms. Gaidzanwa stated she did not receive the notice. Mr. Betz responded the first notice was
generated from the Citizen Service Office. Several notices were sent out from his office for
rental registration, correcfion notices. None of these have been returned as undeliverable.
Mr. Strathman stated that the City send notices #hrough the U.S. mail system, and that is
considered delivered uuder #he law. Ms. fiaidzanwa responded she would not choose to ignore
this notice when she responds #o all other �etters the City sends her. She has someone that takes
care of the snow. It looks like less than an inch of accumulation. John Betz responded that City
ordinance reads that snow is to be removed within 24 hours.
Mr. Strathman recommends deleting the assessment. Technically, the City has met its burden of
proo£ From the videotape, it does not seem a case of serious neglect. The owner assures him
that she did not receive notice, and he will take her word for it this time.
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LEGISLATIVE HEARING MINUTES OF JULY 24, 2001
Laid Over snmmary Abatement:
J0104A Property cleanup at 1075 Portland Avenue.
(No one appeared to represent the properry.)
Page 2
John Betz reported this was iaid over because the owner was o� of town due to a tragedy in the
family. She was suppose to call Mr. Betz back, but did not do so. He suggested that tlus be laid
over again.
Gerry Strathman laid over to the August 7, 2001, Legislative Hearing.
� Resolation ordering the owner to remove or repair the property at 1183 Arkwright Street.
If the owner fails Yo comply, Code Enforcement is ordered to remove the building.
(Photographs were presented.)
Steve Magner reported this properry has been condemned since 12-10-99 and has been vacant
since 5-8-00. There have been four summary abatement notices issued to remove vehicles, cut
tall grass, remove refuse. On 5-9-01, an inspection of the building was conducted, a list of
deficiencies wYrich constitute a nuisance condition was developed, and photographs were taken.
As of today, ihe property remains in a condition which comprises a nuisance as defined by the
legisiative code. Vacant building fees aze due. Real estate ta�fes aze paid. Estimated mazket
value is $52,9Q0, estimated cost to repair, $20,000 to $50,000; cost to demolish, $8,000 to
$9,000. The lazge gap for repair is due to Code Enforcement's inability to completely inspect the
properry.
Donald Drouin, owner, appeazed and stated he has a signed purchase agreement from the
adjacenl pzoperty. VJithin six months, the house will be moved or demolished. He does not
understand t}ie rush.
Gerry Strathman asked about the closing date on the purchase agreement. Mr. Drouin responded
no more than 1$0 days from April 25, which may be September 23. He would like an ea�tension
of time to cover the period of the purchase agreement.
Mr. Strathman asked does the purahase agreement ca11 for the closing to occur by the September
date. Mr. Drouin respoaded yes.
Mr. Magner stated there is a gas station calied Marathon Oil adjacent to 1183 Arkwright Street.
They aze purchasing the property, per�aps to expauci the o�reration there. Mr. Magner concern is
the time iimit �ie has not seen the purchase agreement and would like some finality with the
whole issue.
Mr. Drouin stated that several meetings ago, he gave whoever was here the name and phone
number of the person in the regional real estate office of Marathon Oil. Mr. Magner responded
that Mr. Drouin could have brought with him a copy of the agreement.
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LEGISLATTVE HEARING MINUTES OF JULY 24, 2001
Page 3
Mike Morehead reported there is a long history with this house. It is considered a trash house.
Over a year ago, Mr. Morehead found 17 cats in the house, storage in the basement up to the
rafters, storage on the main floor shoulder height. The house was littered with cat feces. He
talked to someone in the Ci1y Attorney's Office to prosecute the owner for failure to pay the
vacant building fee. The case was originatly dismissed on assurances that the owner was going
to pay the vacant building fee. There is a lustory here of noncompliance and no follow through.
A couple of weeks ago, the porch was �cked full of stuff. Mr. Morehead would like the
following: 1) Follow through on the vacant building fee, 2) A bond posted, 3) a determination as
to whether the house is mazketable. The only way to determine thax is to get the contents and
animals out. No one is supposedly living in there. The property shouid be emptied to the baze
walls so a prospective purchaser may determine its worth. The house is so permeated with cat
urine that no one will want it. 4) The fuel in the house is dangerous.
Mr. Drouin stated he objects to the demand for a bond. He is a disabled vet living on a fixed
income. He does not have bond fimds. There aze no feces in the house. The house is not full of
junk. He tried to get the property cleaned up. As of a year ago May, he could not get specific
criteria of what was required beyond cleaning up the trash in the house. Mr. Morehead saw the
dumpster at the properry, said Mr. Drouin, so his office knows the work is being done. They
cannot say he is being noncompliant when he is working on this.
Mr. Strathman asked is Mr. Drouin unable or unwilling to post a bond. Mr. Dmuin responded he
is unable to post a bond. The money went to rent a dumpster.
Since the prospective buyer is Marathott oil, stated Mr. Strathman, it seems they have no
intention of occupying tlris house. He asked what difference it makes if the house is demolished
by the City. Mr. Drouin responded he does not want to pay for the demolition. That is a cost that
the buyer is to incur as per the purchase agreement.
Mr. Strathman stated he would like to see the purchase agreement to understand its terms. Mr.
Magner stated if t�e owner is going to go aiiead with the purchase agreement, by the time the
house is c3emolished and the assessmern ratified, it would be in the hands of Mazathon Oil, who
would receive the bill.
Mr. Morehead stated he would like to see Mr. Drouin get the full value of his property. At the
same time, Mr. Morehead would like to protect neighboring property and to haue Mr. Drouin
follow the law. If the City demolishes the building, all that wouid be left is a vacant lot. Mr.
Morehead is looking for a sal�xtion so ihat ncighbors aren't in auy danger, and the house is in
compliance. He would like the purchase agreement accelerated.
Mr. Magner stated landfifis do not accept municipal waste mixed in with the construction
landfill. The property will have to be cleaned out before the demolition.
Mr. Strathman stated he will recommend approval of the order on condition that the vacant
building fee is paid by August 1. The order will be amended from 15 days to 90 days, which
allows for the transfer of ownership and for the new buyer to demolish the property before the
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LEGISLATIVE HEARING MINUTES OF JLTLY 24, 2001
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City. His decision does not address any immediate hazards there may be to the sunounding
neighbors. It is a tolerable risk. This gives Mr. Drouin opportunity to recover the full value of
his property.
Mr. Morehead suggested an amendment to Mr. Stathman's decision: bring the interior to the
baze wells in a certain amount of time and no auimals in the properiy. Mr. Strathman responded
he is willing to do the part about animals because tiris is a vacant building and should not haue
any animals in it. He is reluctant to put the burden on the owner to empty ttris property because
Mr. Strathman is not sure Mr. Drouin has the finances and the wherewithal to do it.
Mr. Drouin responded he cannot hire a mover until he closes on the properry and gets a check.
Once th� carpet is removed, there is little damage to the floors. Also, he would like the due date
to be August 3. Sociai security does not disperse until then. As for the animals, he needs time to
place them. He was told he could not live in the house, but no one said anything about the
animals. He was told he could take care of them. There are about 13. Mr. Morehead stated
there are too many cats in the building. The ordinance is very clear. If the cats aze not gone by
August 1, they will go to Animal Control.
Gerry Strathman recommends granting the owner 90 days to remove or repair the property on
condition tl�aY #he vacant building fee is paid by noon of August 6, 2001. If the vacant building
fee is not paid by then, the resolufion to remove or repair will revert to 15 days.
Resolution ordering the owner to remove or repair the property at 1003 Hudson Road. If
the owner fails to comply, Code Enforcement is ordered to remove the building.
(No ons appeazed to represent the property. Photographs were presented.)
Steve Magner stated this buiPding Has been vacant since 11-18-97. Current owner is Lois
Harrington. Five summary abatement notices have been issued to remove refuse, secure gazage
door, and eut tali grass. On 5-10-01, an inspection of the building was conducted, a list of
deficiencies which constitute a nuisance condition was developed, and photographs were taken.
An order to abate a nuisance building was issued on 5-21-01 with a compliance date of 6-20-01.
As of this date, this property remains in a condition which comprises a nuisance as defined by the
legislative code. Yacant building fees aze due. Real taa�es aze unpaid in the amount of
$1,557.15. Estimated marlcei vahae is $64,9{�; �stimated cost to repair, g45,000; estimated cost
to demolislIls„ $8,000 to $9,000. A code compliance has not been applied for.
Mr. Magner stated he received a p}�v� calt frva� a Don I,arson, who ciaims to be Lois
Harrington's scm ivlr. Lazson at one time filled out the vacant buiiding registration form
indicating he wouid be the one responsible for rehabilitating the property. He now denies he
filled out the document, but asked for a layover. Mr. Magner refened him to Mr. Strathman.
Mr. Strathman stated that Mr. Lazson called Mr. Strathman's secretary this morning, indicated he
could not find his mother, and asked for additionai time.
o���(�
LEGISLATIVE HEARING MINUTES OF JiJLY 24, 2001
Page 5
Mr. Strathman asked about the mazket value. Mr. Magier responded that amount is too high
based on the condition of the property. He does not believe there is much value listed to the
property. Sometimes, the assessor is not looking that close. That amount also includes land.
Gerry Strathman recommends appmvai.
The meeting was adjourned at 10:50 am.
0