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Council File # �3^,.5
Green Sheet # te�y 1R'
RESOLUTION
OF SAIIp11' P.�JL,.MINN
Presented By
Referred To
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Committee: Date
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1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council
2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and
3 removal of a two-story, wood frame, single family dwelling located on property hereinafter referred to as
4 the "Subject Property" and commonly lrnown as 730 Sherburne Avenue. This properiy is legally described
5 as follows, to wit:
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Lot 13, Block 2, Syndicate No. 1 Addition.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Division of Code Enfarcement on or before June 13, 2002, the following are the now known
interested or responsible parties for the Subject Properiy: Cleveland Williams, Jr., 730 Sherburne Avenue,
St. Paul, MN 55104-2707; Cleveland Williams, Jr., 2018 Highway 36E, St. Paul, MN 55109; Retailers
National Bank, 1100 Pillsbury Ctr., 200 South 6`� Street, Minneapolis, MN 55402; Ameriquest Mortgage
Company, 1100 Town & Country Rd. ,Suite 500, Orange, CA 92868; Nancy A. Nordmeyer, Lawrence P.
Zielke and Beth W. Asmussen, 7300 Metro Blvd. Suite 390, Edina, MN 55439-2306; Irwin Mortgage
Corparation, 9265 Counselors Row, Indianapolis, IN 46240; Minnesota Housing Finance Agency, 400
Sibley Street, Suite 300, St. Paul, MN 55101; Peterson, Fram & Bergman, Suite 300, 50 East Fifth Street,
St. Paul, M1V 55101-1197
WHEREAS, Division of Code Enforcement has served in accordance with the provisions of
Chapter 45 of the Saint Paul Legislative Code an arder identified as an"Order to Abate Nuisance
Building(s)" dated October 15, 2002; and
WHEREAS, this order informed the then known 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 Subj ect Property by November 14, 2002; and
WHEREAS, the enforcement officer has posted a placard on the Subj ect Property declaring this
building(s) to constitute a nuisance condition; subject to demolirion; 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
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1 WHEREAS, a hearing was held befare the Legislative Hearing Officer of the Saint Paul City
2 Council on Thursday, December 19, 2002 to heaz testimony and evidence, and after receiving testimony
3 and evidence, made the recommendation to approve the request to order the interested or responsible
4 parties to make the Subject Properiy safe and not detrimental to the public peace, health, safety and welfare
5 and remove its blighting influence on the community by rehabilitating this structure in accordance with all
6 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in
7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be
8 completed within €rf�ee�{�3} days after the date of the Council Hearing; and
q on.�. h...a,.r..�_ ; = y.�,,�&�o�
10 WIIEREAS, a hearing was held before the Saint Paul City Council on Wednesday, January 8, 2003
11 and the testimony and evidence including the action taken by the Legislative Hearing Officer was
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considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced
public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the
Subject Property at 730 Sherburne Avenue:
1.
2.
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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 dollazs ($3,000.00).
That there now exists and has existed multiple Aousing or Building code violations at the
Subject Property.
That an Order to Abate Nuisance Building(s) was sent to the then lmown 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 known interested parties and owners are as previously stated in this resolution and
that the notification requirements of Chapter 45 have 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 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 withi �frft�ecr f T5'f days after the date of the Council Hearing.
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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.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal
property or fixtures of any kind which interfere with the demolition and removal shall be removed
from the property by the responsible parties by the end of this time period. If all personal property
is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and
dispose of such property as provided by law.
4. It is further ardered, 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.
Yeas Navs Absent
BENANAV f
BLAKEY f
BOSTROM �
�OLEMAN ��
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Adop
By:
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Requested by Department of:
Cit' en Service Office• Code Enforcement
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Form Approved by City Attorney
o�-�s
of Code Enforcement
:SON & PNONE
widns 266-8427
11/29/02
GREEN SHEET
No � a�41 �
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TOTAL # OF SIGNATURE PAGES E
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(CL1P ALL` LOCATIONS FOR SIGNATURE)
ty Council to pass this resolution 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 property is located at 730 Sherburne Avenue.
PLANNING COMMISSION
CIB CAMMITTEE
CIVIL SERVICE CAMMISSION
RSONALSERViCE CANTRAGTS MUSTANSWERiHE FOLLOWIN6 QUESiIONS:
'{{85 �IiS PQISO�fRI EV2f V/O!�(fd U11f�2f 8 COflfl8CI1M V116 f12P3ff111En(7
YES NO
Has ihis De���m e�nx been a dlY emPloYee7 . .
YES NO
Dcec this P��rtn P�s a sldl not nortnallYD� bY anY current citY emPbYee?
YES NO
Is tii�s peismlfirm a targeted vendoR
VES NO
This building(s) is a nuisance buiTding(s) as defined 'm Chapter 45 and a vacant building as defined in Chapter 43 of
: the 5aint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement
` Officer were given an or&er to cepair or remove the building,at 730 5herburne Avenue, by November 14, 2002, and
� have failed to comply wifh those orders.
., ., ADVANTAGES IF APPROVED '
The City will eliminate a nuisance.
RECEIVE�`
D�C0�2002
CtTY ATTORNEY
DISADVAMAGES IF APPROVED
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property,
collected as a special assessment against the property taaces.
JISADVANTAGES IF NOT APPROVED � � ' '
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
oFrwwsncrwNS $6,000-$8;000 COSTIREVENUEBUDfiEfED(qRCLEON� res No
SOURCE ACTNITY NtAABER
INFORMATION(IXPWN) ���pC� ���#�
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REPORT
Date: January 14, 2003
Tune: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Boulevard
LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS,
& ABATEMENT ASSESSMENTS
Marcia Moermond
Legislative Heazing Officer
Resolution ordering the owner to remove or repair the properiy at 790 Laurel Avenue. If
the owner fails to comply with the resolution, Code Enforcement is ordered to remove the
building.
(Laid over from 12-19-�2)
Legislative Hearing Officer recommends granting the owner 180 days to rehabilitate the
property.
� 2. Resolution ordering the owner to remove or repair the property at 730 Sherburne Avenue.
If the owner fails to comply with the resolution, Code Enfarcement is ordered to remove
the building.
(Laid over from 12-19-02)
Legislative Hearing Officer recommends granting the owner 180 days to rehabilitate the
property.
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REPORT
IEGISLATIVE HEARING
Date: December 19, 2002
Time: 10:00 a.m.
130 p.m. (177 Winifred)
Place: Room 330 City Hall
15 West Kellogg Boulevard
Marcia Moermond
Legislative Hearing Officer
Resolution ordering the owner to remove or repair the property at 790 Laurel Avenue. If
the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the building.
Legislative Hearing Officer recommends laying over to the January 14, 2003, Legislative
Hearing.
� 2. Resolution ordering the owner to remove or repair the propezty at 730 Sherburne Avenue.
If the owner fails to comply with the resolution, Neighborhood Housing and Properry
Improvement is ordered to remove the building.
Legislative Hearing Officer recommends laying over to the January 14, 2003, Legislative
Hearing.
Appeal of Condemnation Notice at 17'1 Winifred Street West dated November 7, 2002.
Legislative Heazing Officer recommends denying the appeal on the Notice of
Condemnation dated November 7, 2002.
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MINUTES OF THE LEGISLATNE HEARING
Thursday, December 19, 2002
Room 330 Courthouse
Mazcia Moermond, Legislative Hearing Officer
The meeting was called to order at 10:06 a.m.
STAFF PRESENT: Fallon Kelly and Steve Magner, Neighborhood Housing and Property
Improvement (Code Enforcement)
Resolution ordering the owner to remove or repair the property at 790 Laurel Avenue. If
the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the building. ,
(Steve Magner showed photographs.)
Steve Magner reported this is a single family dwelling with a detached single garage. It was
condemned on February 13, 2002 and has been vacant since Mazch 18, 2002. The current
owners are Lawrence Walker and the estate of Mary E. Dabney. There have been three summary
abatement notices to cut tall grass, remove refuse, retnove detached brick and stucco, and secure
buildings. On September 4, 2002, an inspection af 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 September 19, 2002, with a compliance date
of October 19. As of this date, the property remains in a condition which comprises a nuisance
as defined by the legislative code. The vacant building fee of $200 is due. Real estate taxes are
unpaid in the amount of $669. Taacation has placed an estimated market value of $23,000 on the
land and $86,700 on the property, but this amount may not have taken into account the fire. The
code compliance inspection fee of $100 was paid, but an inspection has not been done. The
$2,000 bond has not been posted. The estimated cost to repair this structure is $90,000 to
$100,000; estimated cost to demolish, $11,420 to $12,200.
The following appeared: Lawrence Walker, owner, 629 St. Anthony Avenue; and Karl Oliver,
attorney, 1935 W. County Road B2 #415, Roseville. Mr. Oliver stated this property has been in
litigation between Mr. Walker and the estate of Ms. Dabney. Mr. Oliver has never had
possession of it. In August, Mr. Walker entered into a settlement agreement with the state and
they agreed to sell the property and divide the proceeds. The estate did not cooperate. He was
forced to seek an order authorizing him to sell and mazket the property. That order was filed
December 6, 2002. There aze a number of buyers for the property. They anticipate selling it in
14 days to a developer. It is their goal to sell it as quickly as possible. The neighbors are not
happy about having a fire damaged house in the area. The property taxes would be paid out of
the closing costs. As for the bond, they anticipate the new owner will easily raise it. There are
heirs involved and children who need the proceeds from this house.
Mr. Oliver stated he has spent a substantial amount of money on this property, which he will not
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LEGISLATIVE HEARING MINUTES FOR DECEMBER 19, 2002 Page Z
recover. Because of the damage to the property, he will sustain a loss. He would like to get this
eyesore behind him. He does not want the property demolished. He thinks the City has done a
poor job with this assue.
Mr. Walker stated he would request that the City not take any action until the developer comes
forward and submits plans for rehabilitating the property. Whoever buys the property will
determine if they want to rehabilitate the structure or demolish it and start over.
Ms. Moermond asked how the vacant building program chazacterized this structure. Mr. Magner
responded it is not a dangerous structure. He does not believe there is an immediate failure, but
it is a nuisance and a blighting influence on a quality neighborhood and block. There were a lot
of concerns from the neighbors. The City's intent is to mitigate a situation that the neighborhood
has to live with so as not to cause any more harm to their property values.
Ms. Moermond asked Mr. Oliver if he had access to the property. Mr. Oliver responded he does
with the recent court order.
Ms. Moermond stated the code compliance inspection is necessary. Mr. Magner stated they will -
need that document to market the property legally to meet the requirement of the truth-in-housing
ordinance. It is just a matter of making the arrangements to obtain the inspection. At that point,
they would be free to transfer ownership and ailow someone else to step forward and post a bond.
Ms. Moermond stated she would like to see the code compliance inspection conducted in order to
get a complete listing of the problems with the property. It makes sense because they would have
to go that route anyway to sell it. This goes back to the City Council January 8, but she will
recommend the City Council continue this through January 22 for a public hearing. In the
meantime, this matter will be continued on the January 14 Legislative Hearing to see how the sell
of this property is progressing. She will expect the code compliance inspection to be done by
then.
Ms. Moermond recommends laying over this matter to the January 14, 2003, Legislative Hearing.
Resolution ordering the owner to remove or repair the property at 730 Sherburne Avenue.
If the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the building.
(Steve Magner showed photographs.)
Steve Magner reported this is a single family dwelling. The building was condemned on October
31, 2001, and has been vacant since November 2, 2001. The owner is Cleveland Williams, Jr.
There have been six sutmnary abatement notices issued to remove refuse and cut grass. On
September 25, 2002, 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
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LEGISLATIVE HEAKING MINUTES FOR DECEMBER 19, 2002 Page 3
nuisance building was issued on October I5, 2002, with a compliance date of November 14,
2002. As of this date, this property remains in a condition which comprises a nuisance as defined
by the legislative code. The vacant building fees aze due of $400, and a citation was issued to the
owner for failure to pay those fees. Taxation has placed an estimated mazket value of $4,400 on
the land and $54,400 for the building. As of December 19, 2002, a code compiiance inspection
has been completed. Estimated cost to repair is $40,000 to $50,000; estimated cost to demolish
is $8,675 to $13,200.
Lawrence P. Zielke, Ameriquest Mortgage Company, 7300 Metro Boulevard #390, Edina,
appeazed and stated Ameriquest foreclosed on this property on September 25, 2002. It was
subject to a six month statutory redemption period. On November 27, 2002, they obtained an
order to reduce the redemption period to five weeks. That five weeks is set to expire January 2,
2003. The current owners' interest will be extinguished at that time, and Ameriquest will take
control of the property on January 3. As a lien holder, they have done what they can to expedite
the process. There is one renovation company coming in to renovate the property. The mortgage
company is not in the business of rehabilitating properties, but it sounds like this property can be
rehabilitated for a reasonable sum of money. He will pay the vacant buiiding fee and work with
Mr. Magner. If the property needs to be secured, he can make sure that it is taken caze o£ If this
is not an emergency, he would request that this matter is laid over to January when Ameriquest
will have control of the property.
Mr. Magner stated this is standazd procedure to work with the lender in order for them to market
the building so it can be rehabilitated and taken off the vacant building list. He appreciates that
the mortgage company is willing to facilitate the City's requirements by paying the vacant
building fee and registering it.
Ms. Moermond recommends that this matter is laid over to the January 14, 2003, Legislative
Hearing. At that time, she will expect that the vacant building fee of $400 is paid by noon of
Monday, January 13, 2003, as a sign of seriousness of moving toward rehabilitation.
The meeting was adjourned at 1030 a.m.
f�i�il
CITIZEN SERVICE OFFtCE
Donald J. Luna, Ciry C[erk
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
November 29, 2002
DNISION OF PROPERIY CODE ENFORCEb(ENT O� ��
Arcdy Dnwkins, Progr¢m ,Ylanager
Nuisarsce B�eilding Cade Enforcemenl
l600NorUtWhileBearArenue Te1: 65/-266-l900
SaintPaul,ILINS�/06 Fai:6�1-266-1926
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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 hearin�s to consider a resolution orderin� the repair or removal of the
nuisance building(s) located at:
730 Sherburne Avenue
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Thursday, December 19, 2�02
City Council Hearing - ��'ednesday, January 8, 2003
The owners and responsible parties of record aze:
Name and Last Kno�m Address
Cleveland Williams, 7r.
730 Sherbume Avenue
St. Paul, MN 55104-2707
Cleveland Williams, Jr.
2018 Highway 36E
St. Paul, MN 55109
Retailers ?`ational Bank
1100 Pillsbury Cff.
200 South 6�' Street
Minneapolis, MN »402
AA-ADA-EEO Employer
Interest
Fee O«ner/I'ax Owner
Fee O�rner/Tax Owner
Jud�ent Lienor
730 Sherbume Avenue
November 29, 2002
Pa�e 2
Name and Last Known Address
Ameriquest Mort�a�e Company
1100 Town & Country Rd. Suite 500
Oran�e, CA 92868
Nancy A. Nordmeyer, Lawrence P. Zielke
& Beth W. Asmussen
7300 Metro Blvd. Suite 390
Edina, MN 55439-2306
Irwin Mortgage Corporation
9265 Counselors Row
Indianapolis, I�i I 46240
Minnesota Housing Finance Agency
400 Sibley Street Suite 300
St. Paul, MN 55101
Peterson, Fram & Ber�nan
Suite 300
50 East Fifth Street
St. Paul, MN 55101-1197
The legal description of this property is:
Lot 13, Block 2, Syndicate No. 1 Addition.
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Interest
Jud�nent Lienor & Mortga�ee
Attomeys for Ameriquest
Minn. Housin� Finance Agency
Mortga�ee
Power of Attorney Fcl
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
known responsible parties to eliminate this nuisance condition by correcting the deficiencies or b}
razina and removin� this buildin�(s).
AA-ADA-EEO Emptoyer
730 Sherbume Avenue
November 29, 2002
Page 3
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Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the bli�hting 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 failin� that, authorize the Division of Code Enforcement to proceed to demolition
and removal, and to assess the costs incurred a�ainst the real estate as a special assessment to be
collected in the same manner as taYes.
Sincerely,
�>
• • l�i � V � L
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Steve Magier
Vacant Buildin�s Supervisor
Division of Code Enforcement
Citizen Service Office
SM:mI
cc: Frank Berg, Buiidin� Inspection and Design
Meghan Riley, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housin� Division
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MINLITES OF THE LEGISLATIVE HEARING
REMOVE/REPAIIZ ORDERS, CONDEMNATIONS, ABATEMENT ASSESSMENTS
Tuesday, January 14, 2003
Room 330 City Hall
Marcia Moermond, Legislative Hearing Officer
The meeting was called to order at 10:00 a.m.
STAFF PRESENT: Steve Magner, Code Enforcement
Resolution ordering the owner to remove or repair the property at 790 Laurel Avenue. If
the owner fails to comply with the resolution, Code Enforcement is ordered to remove the
building.
(Laid over from 12-19-02)
Mazcia Moermond explained that this address was discussed at a previous legislative hearing.
This matter was continued to resolve some of the issues. It is scheduled to go back to the City
Council on January 22, 2003.
Steve Magner reported this is a two story, wood frame, stucco building. It was condemned on
February 13, 2002, by Code Enforcement. It has been vacant since Mazch 18, 2002. The new
owner is EMK Development Corporation. An order to abate a nuisance building was issued on
September 19, 2002, with a compliance date of October 18, 2002. As of this date, the property
remains in a condition which comprises a nuisance as defined by the legislative code. The City
has boarded the building and secwed it against trespass. The vacant building fee has been paid.
The real estate tases of $669 are unpaid. Taxation has placed an estimated market value of
$23,000 on the land and $86,700 on the building. On December 26, 2002, a code compliance
inspection was completed. A$2,000 bond has been posted.
The followed appeazed: Kazl Oliver, 1935 W. County Road B2, Suite 415, Roseville; and
Lawrence Walker, 629 St. Anthony Avenue, Saint Paul.
Mr. Oliver stated he is representing Mr. Walker. A purchase agreement has been signed by his
client and EMK Development. The closing on the property is tomorrow ai 11:00. The real estate
taxes and other fees will be paid in full at that time. Mr. Oliver requested EMK Development be
given the 180 days to move forward with the development process.
Matt Kustritz, 500 Grand Hlll Street, EMK Development, appeazed and stated he concurs with
Mr. Magner and Mr. Oliver. EMK plans to have the project completed in 180 days.
(No one appeazed to speak against this request.)
Ms. Moermond recommends that the City Council grant the owner 180 days to rehabilitate this
property as all the requirements set forth in the previous legislative hearing have been met.
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LEGISLATIVE HEARING MINUTES FOR JANUARY 14, 2003 Page 2
Resolution ordering the owner to remove or repair the property at 730 Sherbume Avenue.
If the owner fails to comply with the resolution, Code Enforcement is ordered to remove
the building.
(Laid over from 12-19-02)
Mazcia Moermond explained that this address was discussed at a previous legislative hearing.
This matter was continued to resolve some of the issues. It is scheduled to go back to the City
Council for January 22, 2003.
Steve Magner reported that at the last legislative hearing, Larry Zielke appeazed for Ameriquest
Mortgage Company and asked for a continuance until they could market the building. An order
to abate a nuisance properry was issued on October 15, 2002, with a compliance date of
November 14, 2002. As of this date, the property remains in a condition that comprises a
nuisance as defined by the legislative code. The vacant building fee has been paid. The code
compliance inspection was completed on December 10, 2001. On January 3, 2003, the $2,000
bond was posted. Given that the requirements from the previous legislative heazing have been
met, Mr. Magner is recommending that the new owner is given 180 days to rehabilitate this
struchue and bring it into compliance.
Wally Nelson, Renovation, Inc., Box 836, Lake Elmo, appeared and stated he purchased the
building from the bank this month. He pulled the permits and started construction. He is looking
for 180 days to complete repairs on the property.
Marcia Moermond recommended to the City Council that the owner be given 180 days to
rehabilitate the property as all the requirements have been met.
The meeting was adjourned at 10:09 a.m.
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