03-12Council File # '3 -�'a.
Green Sheet # 113849
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented b�
Referred To
Committee Date
��
BE IT RESOLVED, that the Council of the City of Saint Paul hereby rescinds Council File #02-1188 for the
properry at 1198 Sherbume Avenue.
Benanau
Blakey
Bostrom
Coleman
Harris
Lantry
R 't
Yeas
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Adopted by Council: Date:�
Adoption Certified by Council Sec
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Requested by Department of:
Form Approved by City Attomey
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� Approved by Mayor for Submission to Council
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By:
City Council Offices �Jan 2, 2003
JTACT PFRSON 8 PFIONE
Marcia Moermond, 266-8560 �
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TOTAL # OF SIGNATURE PAOES
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GREEN SHEET No 113849
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(CLIP ALL LOCATIONS FOR SIGNATURE)
Rescinding Council File �102-1188 for the property at 1198 Sherburne Avenue.
PLANNING COMMISSION
CIB CAMMITTEE
CIVIL SERVICE CAMMISSION
pyc��.
SWRCE
INFOI2MATION (IXPWM
Has this persoMrm ever vrorkeE under a contract fw this deparlmeM?
YES NO
Has this peisoNfirm eeer 6een a citY empbyee?
YES �
Dces this peisoNfirtn possess a sltill not noima�ypossesced by any curtent city employeei
YES NO
Is this perwMrm a tarpetetl ventloYt
YES NO
COST/REVENUE BUDGETED (CIRCLE ON� YES NO
ACTNRYNUMBER
03 —�'�-
�o,:n��� File � v� _ ��SCy
RESOLUTION
C�7�
Pres�ated Ey
fte*e:rec To
Commi*_�ee: Date
3b
1 WE3E�AS, Citizen Service Office, Divirion of Code Enforcement has requested Yhe City CounciI
2 to hold public heazings to consider the advisability and necessity of ordering the repair or wrecking and
3 removal of a two-story, single family dwelling located on property hereinaf�er referred to as the "Subject
4 Pzoperty" and commonly known as 1198 Sherbume Avenue. 'This property is legally described as follows,
5 to wit:
6
Lot 10, Block 7, Sanbom's Midway Addition.
10
I1
12
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14
7.5
16
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2fi
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2$
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tiVFIEREAS, based upon the records in the Ramsey County Recorder`s Office and informarion
obtained by Division of Code Enforcement on or before April 24, 2002, the following are the now known
interested or responsible partiss for the Subject Propezty: Daniel J. Galarowicz, P.O. Box 14123,
St. Paul, MN 5� t 140123; Daniel7. Galarowicz, 1 I98 Sherburne Avenue, St. Paul, MN 55114;
Conseco Finance Loan Corp., 14001 Grand Avenue, Burnsville, �IN 55337; Claude Wortell, 103� Cedar
Lake Rd. S, Minneapolis, MN 55a05; Claude A. Wozzell, Reimbursable Expenses, 2605 Campus Dr.,
Minneapolis, MN 55441; Lehman Capital, 200 Vessey Sueet, 8�' Floor, City of New York, ?VY 10285; Paui
A. Wezngarden and Olsozz, UseY & Weingazden P.L.L.P., 4500 Park Glen Rd suite 310, Minneapolis MN
55416; First State Mort�a�e Corp., 1400 Corporate CenterCurve, Suite 110, Eagan, MN 55121; Associates
Home Equity Industrial Loan Co. , 14001 Cnand Avenue, Brunsville, NPi i 55337; Mumane, Conlin, White
& Brandt, 444 Cedar Street Suite 1800, St. Paul, MN 55101
WHEREAS, Division of Code Enforcement has served in accordance with the provisions of
Chapter 45 of the Saint Pau1 Legislative Cade an oider idearified as an. "Order to Abate Nuisar„ce
Buildin�(s)" dated September 5, 2002; and
WI�EREAS, tlus order informed the then �own interested or respoasible parfies that the structure
located on the Subject Property is a nuisance building(s) pursuant to Chapter 4�; and
VTI�REAS, this order informed the interested or responsible parties that they must repair or
demolish the strucYUre located on the SubjecL Property by October 7, 2002; and
WHEREAS, the enfozcement o£Cicer has posted a placazd on the Subject Property declaring this
building(s) to consiitute a nuisance condition; subject to demolition; and
WI�EREAS, this nuisance condition has not been corrected and Division of Code Enf'orcement
requested that the City Clezk schedule pubIic hearings before the Legislative Hearing Officer of the City
Council and the Saint Paul City Council; and
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1 WHEREAS, the inierested and responsibie parties have been served notice in accordance with ihe
2 provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, piace and purpose of the
3 public hearings; and
0
5 zh�RESS, a hearing was held before rhe Lea�'slative Hearing Officer o�the Saint Paul City
6 Council on Tuesday, December 10, 2002 to heaz testimony and evideace, and after receiving testimony and
7 evidence, made the recommendation to approve the request to order the interested or responsible parties to
8 make the Subject Property safe and not deuimentai to the public peace, health, safety and we1£aze and
9 remove its blighting influence on the community by rehabilitating this strueture in accordance with all
10 applicahIe codes and ordinances, or in the altemative by demolishis� and removin� the sfructure in
i l accordance with all applicable codes and ordinances. The rehabilitation or demolition of the stzucture to be
12 compieted wittrin fifteen (IS) days after the date of the Council Hearing; and
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WHER�AS, a hearing was held before the Saint Paui City Council on Wednesday, December 18,
2002 and the testimany and evidence including the action taken by the Legislarive Hearing Officer was
considered by the Council; now therefore ,
BE IT FtESOLVED, that based upon the testimony and evidence presented at the above re£erenced
public hearings, the Saint Paul Ciry Council hereby adopts the following Findings and Order conceming the
Subject Propeny at 1198 Sherbume Avenue:
That the Subject Properiy comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2.
4.
5.
6.
7.
That the costs of demolition and removal of ttus building(s) is estimated to exceed three
thousand dollazs ($3,000.00).
That there now exiszs and has existed multiple Housing oz Building code violations at the
Subject Properiy.
That an Ordez to Abate Nuisance Building(s) was sent to the then l�own responsible parties
to correct the debciencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been cosected.
That Division of Code Enforcement has posted a placard on the Subject Pzopezty 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 Hnforcement, VacantlNuisance BuiIdi�s.
That the lmown interested parries and owners are as previously stated in this resolution and
that the notificazion requirements of Chapter 45 have been fulfilled.
�•�_•
"fhe Saint Paul City Council hereby makes the following order:
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"I'he above referenced interested or responsible parties shall make the Subjea Property safe and not
detrimental to the public peace, health, safety and welfaze and remove its bli�hting influence an the
community by rehabiIitating this structure and correctin� ail deficiencies as prescribed in the above
referenced Order to Abate Nuisance Building(s) in accordance with at� appIicable codes and
ordinances, or in the altemative by demolishing and removing the structure in accordance with yIl
applicable codes and ordinances. The rehabiIitation or demolirion and removal of the slzucture
must be completed within fifteen (IS) days after the date of the Council Hearing.
2. If the above corrective action is not compieted within this peziod of tirae the CiriZen Service Of�ice,
Div�sion of Code Enforcement is hereby authorized to take whatever steps are necessary to
demolish and remove this smichue, fill the site and chazge the costs incuzred against the Subject
Properry pursuant to the provisions of Cfiapter 45 of the Saint PauI Legisiative Code.
3. In the event the buildin� is to be demolished and reznoved by the Ciiy of Saint Paul, aIl personal
praperiy or fixtures of any ldnd which interfere with the demolition and removal shall be removed
from the prapeny by the responsible parties by the end of this rime period. If all personal property
is not removed, iY shall be considered to be abandoned and the City of Saint Paul shall remove and
dispose of such propezty as provided by law.
4. Tt 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 Pau1 Legislative Code.
�eas Navs
BENANAV �
BLAKEY
BOSTROM f
LO[EMAN �
HARR/S �
LANTRY t /
REITER �/
G O
AUsent
2equested :oy Department of:
� Citizen Se vice office• Code Enforcement
, �1,�-faY�
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Adopted by Council: Date �= \B" a_� �,
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Agpx
By:
� Form Approved by City P_ttaraey
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December 18, 2002, City Council Action Minutes
license.
Laid over to January 8 for third reading/public hearing
Page 6
32. First Reading - 02-1186 - An ordinance amending interim ordinance O1-648,
adopted July 18, 2001, which imposed a moratorium on the use of property in the
area presently under study for the Arcade Street Area Study pending completion of
the study and any possible amendments to the City's Comprehensive Plan or
Zoning Ordinance deemed necessary to give effect to the study.
Laid over to December 26 for second reading
33. First R eading - 02-1187 - An interim ordinance adopted pursuant to Minnesota
Statute 462355, Subd. 4, preserving the status quo with respect to convenience
stores.
Laid over to December 26 for second reading
(Councilmember Blakey left the meeting at this point)
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
34. Third Reading - 02-1115 - An interim ordinance adopted pursuant to Minnesota
Statute 462.355, Subdivision 4, preserving the status quo with respect to the use of
property in the Sunray area. (Amended on December 4)
Laid over to December 26 for final adoption
35. Resolution - 02-1156 - Concerning adverse action against the licenses held by
Fasika, Inc., dba Fasika Ethiopian Restaurant, 510 Snelling Avenue North. (Laid
over from December 11 for public hearing)
Adopted as amended Yeas - 6 Nays - 0
\�/„36. Resolution - 02-1188 - Ordering the owner to remove or repair the building at
�� 1198 Sherbume Avenue within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends laying over to the February 11,
2003 Legislative Hearings and the February 26, 2003 City Council Meeting)
Adopted Yeas - 6 Nays - 0
37. Resolution - 02-1189 - Approving the petition of the City of Saint Paul to vacate
old right-of-way to replat the Science Museum site so new right-of-way can be
dedicated.
Adopted Yeas - 6 Nays - 0