03-405council File # t�� _ 445
Green Sheet # Io�.'�C/•
Presented By
Referred To
RESOLUTION
SAINT PAUL, MINNESOTA
3'i
Committee: Date
2
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
WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council
to hoid public hearings to consider the advisability and necessity of ordering the repair or wrecking and
removal of a two-story, wood frame dwelling located on property hereinafter referred to as the "Subject
Properiy" and commonly known as 1269 Coach Road. This property is legally described as follows, to wit:
All that part of the South %z of the North %2 of Section 27, Township 29, Range 23, which
lies within the following described lines: Commencing at a point on the West line of the
Northwest 1/4 of said Section 27 distant 190 feet South of the North line of the South Half
of Secrion 27; thence North 89 degrees 15 minutes 04 seconds East (assumed bearing) along
the Westerly extension of the North line of the Plat of Energy Park No. 3 and the North line
of the Plat of Energy Park No. 3 a distance of 2,642.73 feet to the North/South quarter line
of said Section 27; thence continuing along the North line of said Plat North 89 degrees 28
minutes 32 seconds East 109.06 feet to the point of beginning of the lines to be herein
described; thence continuing North 89 deg�ees 28 minutes 32 seconds East along said line
75714 feet to the Northeast corner of Lot 4, Block 1, said Energy Pazk No. 3; thence North
0 degrees 38 minutes 19 seconds West 35.51 feet; thence South 89 degrees 22 minutes 27
second West 757.08 feet; thence South 0 degrees 32 minutes East 34.17 feet to the point of
beginning.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Division of Code Enforcement on or before November 21, 2002, the following are the now
known interested or responsible parties for the Subject Property: Atrium North, L.L.C., c/o Wellington
Management, Inc., 1625 Energy Park Drive #100, St. Paul, MN 55108; Port Authority of St. Paul
Attn: Rick Gierdal, 345 St. Peter Street, #1900, St. Paul, MN 55108
WHEREAS, Division of Code Enforcement has seroed 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 February 2Q 2002; and
WHEREAS, 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 March 7, 2003; 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
AA-ADA-EEO Employer
b� -4oS
1 WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement
2 requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City
3 Council and the Saint Paul City Council; and
4
5
6
7
8
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
44
45
46
47
48
49
50
WHEREAS, the interested and responsible parties have been served notice in accordance with the
provisions of Chapter 45 of the Saint Paul L,egislarive Code, of the rime, date, place and purpose of the
public hearings; and
WI�REAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, April 8, 2003 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 welfue and
remove its blighting influence on the communiry by rehabilitating this structure in accor,dance with all
applicable codes and ordinances, or in the altemative by demolishing and removing the structure 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
WHEREAS, a hearing was held befare the Saint Paul City Council on Wednesday, Apri123, 2003
and the testimony and evidence including the action taken by the Legislative Hearing Officer was
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 1'roperty at 1269 Coach Road:
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2.
3.
4.
5.
6.
That the costs of demolition and removal of this buiiding(s) is estimated to exceed three
thousand dollars ($3,000.00).
That there now exists and has existed muitiple Housing or Building code violations at the
Subject Properiy.
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
declazes 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, VacanUNuisance Buildings.
That the known interested parties and owners are as previously stated in this resolution and
that the norification requirements of Chapter 45 have been fulfilled.
•�� �
AA-ADA-EEO Employer
The Saint Paul City Councii hereby makes the following order: O7 y �
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
The above referenced interested or responsible parties shall make the Subject Properiy 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 compieted 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 shucture, fill the site and charge the costs incurred against the Subject
Property puzsuant to the provisions of Chapter 45 of the Saint Paui Legislative Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal
property or fixhues 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 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.
Requested by Department of:
BENANAV
BLAKEY
BOSTROM
COLEMAN
HARR/S
c.a�vrar
RE/TER
Aao�
Ado�
By:
Appr
By:
Yeas � Navs � Absent
Citizen S vice Office� e Enforcement
By: �
Form Approved by City Attorney
✓ sy _"�� ��
AA-ADA-EEO Employer
�..��
��,��
03/21/03
A�ndy Dawldns266-8427
TOTAL # OF SlGP1ATURE
GREEN SHEET
�
�
as -�os
No 102432
���-�,
��.,��L/!'. r� ❑«n�
❑ r«.�.�,�� ❑ ..�.�.�.�.a
�wvaelw�wsaR,un1 ❑
(CLIP ALL LOCATlONS �OR SlCsNATURE)
City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If
the owner fails to comply with the resolution, the Citizen Service Office, Division of Code.Enforcement is ordered
to remove the building. The subject property is located at 1269 Coach Road.
�� ����;
PIANNING COtdtdISS10N
CIB CAMMITTEE
CIVIL SERVIGE CAMMISSION
a
Has this persoNfirm e+erxorKetl uMer a
vES rio
Has this P�eoMrtn ever been e dlY empbyee7 .
YES NO
Dces this peisorrilfrtn poaceas a ddll not nomrelryrposeessed by arry arteM cIty emPloyee7
YES . NQ' . . ..
le ttiis person/6rm a targHeU veMOR , . ,
YES I�
., irilma�b�t��g����r�e�a�tsa�t�,���ea m t;napter 4� ana a vacanz nuuuing as aenneu m�.,nnp�er 4� �
, the Saint Paul Legislative Code. The owners, interested parties and responsible parties lrnown to the'Enforcement
,, Officer were given an order to repair or remove the building at 1269 Coach Road by March 7, 2003, anfl haue
' failed to comply with those orders.
. ���aJ�� !/ �LJ
The City will eliminate a nuisance.
�IAR 2 � 2tl03
� �� � ,
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 asainst the property ta�ces. _
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
OF TRAHSACTION S
COST/REVENUE BUDfiETm (GRCLE ONE� (YES 7 NO
\�
SOURCE �icanr�nL1S�11g.�1c1t2I11 ne ± ACTN�TYNUMBER 2�7Fi1
INFORMATION (IXPWM
��PC�T C9C4$L'f
�a�� � 1 2�03
. AA-ADA-EFA EmploYei . . .
o� -yoS
REPORT
Date: April $, 2003
Time: 10:00 a.m.
(1:30 p.m. for 929 Albemazle)
Place: Room 330 City Hall
15 West Kellogg Boulevazd
LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS,
SUMMARY ABATEMENT ORDERS, ABATEMENT ASSESSMENTS
Marcia Moermond
Legislative Hearing Officer
1. Appeal of Vehicle Abatement Order at 976 Minnehaha Avenue East.
Legislative Hearing Officer recommends changing the compliance date to Apri129, 2003, on
the March 20 Vehicle Abatement Order.
2. Laid over summary abatement from February 11, 2003:
J0207AA ll25 Beech Street
Legislative Hearing Officer recommends reducing the assessment from $326 to $181 plus the
$45 administrative fees far a total assessment of $226.
3. Laid over summary abatements from March 25, 2003:
J0207AAAA Cleanup of property at 837 Fourth 5treet East
Legislative Heazing Officer recommends approval of the assessment.
4. Laid over summary abatements:
J0206W Towing of abandoned vehicles from 1130 Abell Street;
JQ207A2AA Property cleanup at 657 Lawson Avenue East.
657 Lawson Avenue East
Legisiative Hearing Officer recommends spreading the assessment over a five year period.
113Q Abell SCreet
Legislative Hearing Officer recommends approval of the assessment.
5. Resolution ordering the owner to remove or repair the property at 733 Charles Avenue.
If the owner fails to comply with the resolufion, Code Enforcement is ordered to remove
the building. (Laid over from 3-25-03}
Legisiative Hearing Officer recommends laying over to the Apri122, 2003, Legislarive Hearing.
o� - yos
LEGTSLATIVE HEARING REPORT OF APRIL 8, 2003
Page 2
6. Resolution ordering the owner to remove or repair the property at 718 Sherburne
Avenue. If the owner fails to comply with the resolufion, Code Enforcement is ordered to
remove the building. (I.aid over from 3-25-03)
Legislarive Hearing Officer recommends granring the owner 180 days to complete the
rehabilitarion of the property provided the following is done by noon of Apri123, 2003:
1) Provide evidence of a clear title for the properiy, 2) Provide purchase agreement with a
developer, 3) Post a$2,000 bond with the Office of License, Inspections, Environmental
Protection; 4) Pay the current vacant building fees and real estate tases, 5) Provide a plan
indicating how all the items on the Code Compliance Inspection report will be completed,
6) Show evidence of financial ability to complete the repairs on the plan.
7. Summary Abatement
J0301B Boarding-up of vacant buiiding for part of December 2002 and all of
3anuary 2003;
J0301C Demolitions of buildings from January 2003 to February 2003;
J0301A Property cleanup for part of December 2002 to part of January 2003.
(Note: 929 Albemarle Street will be heard at the 1;30 meeting.)
509 Glendale Street (J0301A)
Legislative Hearing Officer recommends laying over to the April 22, 2003, Legislative Hearing.
773 Frank Street (J0301A)
Legislative Hearing Officer recommends laying over to the Apri122, 2003, Legisiative Hearing.
701 Burr Street (also known as 699 Burr Street) (J0301A)
Legislative Heazing Officer recommends approval of the assessment.
707 Marvland Avenue East (J0301A)
Legislative Hearing Officer recommends approval of the assessment.
369 Fulier Avenue (J0301A)
Legislative Hearing Officer recommends approval of the assessment.
1130 Minnehaha Avenue West (J0301A)
Legislative Hearing Officer recommends approval of the assessment.
899 Palace Avenue (30301A)
Legislative Hearing Officer recommends approval of the assessment.
922 Woodbridn Street (J0301A)
Legislative Hearing Officer recommends approval of the assessment.
o� -4aS
LEGISLATIVE HEARING REPORT OF APRIL 8, 2003
929 Albemazle Street (30301A)
Legislative Hearing Officer recommends approval of the assessment.
S. Appeal of Summary Abatement Order at 690 Charles Avenue.
Page 3
Legislative Hearing Officer recommends changing the compliance date to May 8, 2003, of the
March 20 Summary Abatement Order.
9. Resolution ordering the owner to remove or repair the properly at 1269 Coach Road. If
� the owner fails to comply with the resolution, Code Enforcement is ordered to remove the
building.
Legislative Hearing Officer recommends approval of the resolution.
10. Appeal of Summary Abatement Order at 582 Charles Avenue.
Legislative Hearing Officer recommends changing the compliance date to May 8, 2003, on the
March 20 Summary Abatement Order.
�
o� - �{oS
LEGISLATIVE HEARIi�'G MINUTES OF APRIL 8, 2003 Page 10
Ms. Moermond stated the City of Saint Paul book "Neighborhood Nuisances" has information
about wood piles. Mr. Larson responded that book talks about firewood, but his pile is more than
that. There is some scrap lumber that he will use to rebuild a fence.
(Mr. Lazson showed Ms. Moermond photographs.}
Ms. Moermond stated there seems to be a way to arrange the pile so it is not a fire hazazd or a
harborage for vermin.
Mr. Larson asked can he put it in a pile or does he need to purchase a shed. Hazold Robinson
responded exterior storage of wood is not accepted. If there is a timeline or plan, then it can be
�vorked out. If it is piled against his gazage, it needs tc be neater and the different woods
separated. Working something out with the inspector is the cheapest way to go.
Ms. Moermond recornmends bringing the property into compliance by May 8, 2003.
`' , Resolution ordering the owner to remove or repair the property at 1269 Coach Road. If
y` the owner fails to comply with the resolution, Code Enforcement is ordered to remove the
I j � building.
Terry Waldorf, Wellington Management, 1625 Energy Park Drive #100, appeared and stated this
is an old railroad building.
(Steve Magner submitted photographs.)
Steve Magner reported this is a lwo story brick building on a lot of 58,890 square feet. The
Building was condemned December 30, 2002, and has been vacant since August 1991. The
current owner is Atrium North LLC. There have been 18 summary abatement notices issued to
secure the building 14 times, cut grass, and remove refuse. The Port Authority was owner of the
property until Wellington Management toak it over in a sale. The Port Autharity took pessession
from Burlington Northern.
Marcia Moermond asked have there been any summary abatement notices since Wellington took
over the property. Mr. Magner responded he does not think so. There has been a good working
relationship. He continued with his report: On February 5, 2003, 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 �vas issued on February 20, 2003,
with a compliance date of March 7, 2003. As of this date, this property remains in a condition
which comprises a nuisance as defined by the legislative code. The vacant building fees have
been paid. Real estate taxes are paid. Taxation has placed an estimated market value of $53,000
on the land and $29,100 on the building. As of Apri18, a Code Compliance Inspection has not
been applied for nor a$2,000 bond posted. Wellington is in agreement that the building is a
nuisance and they are seeking a demolition. They had to go before the HPC (Historic
Preservation Commission) to acquire the demolition permit, but most of that has been resolved.
o� -�05
LEGISLATIVE HEARING MINUTES OF APRIL 8, 2003
Page 11
An Environmental Assessment Warksheet (EA� needs to be compieted. Wellington has
contracted with a consulting company to start this process.
Mr. Waldorf stated their goal is to remove the buildin�. Thirly percent sits on railroad land 37
feet from the tracks. It is not practical to redevelop tl�e building. They applied for a demolition
pernut about a month ago, went to the HPC heazing, got approval to do it with restrictions to
photograph the building for the historic record. Then, they popped in with the EAW, which is
completed and has gone over to PED (Planning and Economic Development). Now, they have a
30 day period for public comment. The only additional thing is an artist to do a pencil drawing
of the building.
b?r. Magner stated the HPC has given the okay for the demolition permit with reqLirements. The
Fire Department has gone there repeatedly to put out fires.
Ms. Waldorf asked about expediting the resolution.
Ms. Moermond asked about the 30 day waiting period. Mr. Magner responded it is the comment
time for the EAW and a state xequixement.
Mr. Waldorf stated it wi11 be published on April 14. They have 30 days from then. Mr. Magner
added that it will be at least May 15 before they can get the permit.
Mr. Waldorf stated the Fire Departrnent has told him they wili no longer enter the buildin� to
fight a fire.
Ms. Moermond recommends approval of the resolution to remove or repair.
Appeal of Summary Abatement Order at 582 Charies Avenue.
Marcia Moermond stated the owner is doing work on the property and was asked to cleanup
refuse. Ms. Moermond asked what kind of work is being done. One of the permits the owner
pulled is for repair work.
Patricia Lundgren, owner, appeared and stated she has lifted the whole house and is installing a
basement. It started October 4. The house is closed up. Most of the dirt is in back. She is not
done by any means with this project. She still has a lot of work to do on it.
Harold Robinson stated he does not have a problem with the project. Usually they give leeway
for construction debris when there is a project going on, but it is scattered through the yard. He
would recommend a dumpster or containing it in a smaller area.
Ms. Lundgren stated this is an ongoing project. She was told there are "impr6perly stored or
accumulated refuse," but she does not know what that means. She is bringing more things on
that site. Some things could go and some are going. For example, the footings under the porch
a3 yos
MINUTES OF TI3E LEGISLATIVE HEARING
FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SiJMMARY
ABATEMENT ORDERS, ABATEMENT ASSESSMENTS
Tuesday, Apri18, 2003
Room 330 City Hatl, 15 West Kellogg Boulevazd
Marcia Moermond, Legislative Hearing Officer
STAFF PRESENT: John Betz, Code Enforcement; Roxanne Flink, Real Estate; Fallon Kelly,
Code Enforcement; Steve Ma�er, Code Enforcement; Harold Robinson, Code Enforcement;
Tchu Yajh, Planning and Economic Development
Appeal of Vehicle Abatement Order at 976 Minnehaha Avenue East.
Ma:cia Moermond stated the City wrote a vehicle abatement order to remove the vehicle from
� the property because it did not have current tabs. She asked does it have cunent tabs now.
Elvis Abanonu, owner, appeared and stated it does not have current tabs, The problem is that it
belongs to his younger brother who is away in medical school. Mr. Abanonu does not ha� the
insurance papers to change the tabs. Also, iY would be a financial burden on Mr. Abanonu
because he is a full-time law student and cannot afford the tabs. He does not have the insurance
information yet to the car, although his brother said he would fax it. He will be back this
summer and wiil take care of the task.
Ms. Moermond stated there are two expenses: the cost of the tabs and the cost of towing it off the
property which would be much greater. It seems to be on an approved surface. She asked about
how much tabs are. Mr. Robinson responded it would be under $100.
Ms. Moermond recommends changing the compliance date to April 29, 2003, on the Vehicle
Abatement Order dated March 20. This will give Mr. Abanonu three more weeks to get current
tabs on the car. All he needs is the insurance numbers to update the tabs. Mr. Abanonu
responded he will call his brother and get the numbers by the new compliance date.
Laid over summary abatement from February 11, 2003:
30207AA 1125 Beech 5treet
Keith Pederson, owner, 882 Payne Avenue, appeared and stated he is not sure what is going on,
and he is here to find out.
Harold Robinson reported an order was issued on July 18, 2002, a work order was sent on
August 8, and the property was cleaned up on August 16. Orders were mailed to Mr. Pederson at
882 Payne and Occupant at 1125 Beech.
Mr. Pederson stated he received no notice. He has been at that address for 20 years. His trash
hauler noticed someone dumped trash there and called in to get authorization to pick up the
extras. 1125 Beech was vacant. The longest the trash was there was a week. There was trash
bo -�ios
LEGISLATTVE HEAILiNG MINLJT'ES OF APRIL 8, 2003 Page 2
there &om the move out. After that was picked up, someone else dumped on the property, and
the hauler picked it up again. He goes there every week to pick up. He was not even aware there
was any trash out there until he got the hearing notice for the assessment.
Ms. Moermond asked was there a correction order. Mr. Robinson responded a summary
abatement was sent on July 18 and a reinspection was done on July 30. They have a photograph
of the refuse and a videotape of the cleanup. No mail was rehuned.
Ms. Moermond stated it is the City's responsibility to mail things to the address listed. Staff is
telling her that they did and it did not come back in the mail. Their obligation is fulfilled.
Regardless, it is the owner's responsibility to keep the properiy cleaned up. Mr. Pederson
responded he does. It had to be different trash that was picked up than what was on the notice.
' (A videotape was shown.)
Mr. Pederson stated his records show his hauler went back two days later on July 22 because
there was so much trash he could not do it on his regular route. It would have been a week and
two days from them noticing the trash. If someone came along on July 23 or thereafter, that is a
new incident. It could have been dwnped there on the 6"'.
Ms. Moerrnond asked were there specifications on the work order about what needed to be
picked up. Mr. Robinson responded items and debris from the backyard area. On the original
summary abatement order issued on July 17, the debris and refuse was still there. He laid it over
because it looked like it was set out for pick up. He gave an extension of a week. He went back
on August 8 and it was still there. Mr. Pederson responded it was not trash. He has a biil
showing that lt was picked up on July 22.
(Ms. Moermond looked at the paperwork.)
Ms. Moermond asked was furniture mentioned in the original abatement. Mr. Robinson
responded the order has "discarded furniture" on it.
Mr. Pederson stated most of the inspectors call him on the telephone. If he had received a notice,
he would have taken care of it within 24 hours or he would have called the inspector. There are
two separate incidents here: they issued an order which he never received and he picked it up
anyway, subsequent to that pickup, they go# another deposit by another neighbor.
Ms. Moermond recommends reducing the assessment from $326 to $181 plus the $45
Administrative fees for a total assessment of $226. There is enough information here for a
decrease, but not more than that. Clearly the hauler picked up the furniture bui the City is seeing
other types of garbage and refuse in that area. The inspector says these are the same materials.
She is gtad that he has a good relationship with the inspectors and they call him, even though
they are not obligated to do that.
��'�a5
LEGISLATIVE HEARING MINUTES OF APRIL 8, 2003
Laid over summary abatements from March 25, 2003:
J0207AAAA Cleanup o£ property at 837 Fourth Street East
(No one appeared.)
Page 3
Mazcia Moermond recommends approval of the assessment. This has been rescheduled three
times; therefore, it has been scheduled for four hearings.
Laid over summary abatements:
J0206W Towing of abandoned vehicles from private property at 1130 Abell Street;
J02fl7A2AA Property cleanup for property located at 657 Lawson Avenue East.
657 Lawson Avenue East
(Tchu Yajh provided a interpreting service for this property.)
The following appeared: Mai Thao and Chao Xiong, owners.
Marcia Moermond stated the City removed a refrigerator from the backyard of this properiy. Ms.
Thao responded that is correct.
Ms. Moermond stated the total assessment is $300. Ms. Thao asked could it be reduced.
Ms. Moermond asked would it help to have payments made over time. Ms. Thao responded she
would like to ask some questions. Also, she and her husband were separated at this time.
Ms. Moermond asked did she receive an order from the City to take care of the refrigerator. Ms.
Thao responded no. Harold Robinson responded the notice was mailed to Mai Thao and Chao
Xiong at 657 Lawson. No mail was returned. Refrigerators are touchy items. Code
Enforcement does not give a long time to comply.
Ms. Moermond asked was the door attached. Mr. Robinson responded he is not sure. The notice
was mailed on October 22, 2002, with a compliance date of October 28.
Ms. Thao stated she was there was when the City was videotaping.
(A videotape was shown.)
Ms. Moermond asked does she understand the public safety risk of a refrigerator with the door
attached. Ms. Thao responded she understands it is a danger. She could not carry it herself, so
she was waiting for the weekend when her brother could come and help her carry it. Befare she
could do it, the City picked it up. '
b�-y°S
LEGISLATIVE HEARING NIII�tUTES OF APRIL 8, 2003 Page 4
Ms. Moermond stated the assessment needs to be paid. The City did the work. Kids do
suffocate in refi with doors attached. Had the refrigerator had a chain azound it or if the
door had been removed, it would be a different situation. 5taff acted cozrectly in maving quickly
to take care of this situation. Someone from Real Estate can help her with payxnent
arrangements.
Ms. Thao state3 the door was on the bottom. Mr. Robinson responded it looked like the door
was on the right side. Ms. Moermond concurred with Mr. Robinson.
Mr. Robinson stated it doesn't matter anyway. There was refuse and debas and notice was
given. Ever}�thing was done properly.
Ms. Thao stated she does not understand why it was so much to.remove the refrigerator. Mr.
Robinson responded there is a one-hour minimum of $225, plus the hauling, disposal of the
appliance, and the administrative fees.
Roxanna Flink explained the payment options, interest, and billing procedures.
Ms. Moermond recommends spreading the assessment over a five-year period.
1130 Abell Street
James Swartwood, 5537 Dupont Avenue South, and P.O. Box 17255, Minneapolis, appeared and
stated he corrected the situation and took appropriate action at the time. This was rental
property, and he reminded the renter this was a violation of his lease. When the renter failed to
remove the vehicle, Mr. Swartwood gave him a notice and evicted him.
Marcia Moermond stated there was a citation to Mr. Swartwood issued for havine an unlicensed
vehicle on the property and he was found guilty. The citation was because the property owner
had it stored on the property. When she looks at these things, she considers if it is the
responsibility of the taxpayers or the owner of the property. If he had called a private tow
company to have it removed, it would have been a lot cheaper.
Mr. Swartwood stated the building did not do anything wrong. The car was the renter's property.
Ms. Moermond responded 1130 Abell is Mr. Swartwood's property.
Mr. Swartwood stated the property is 1130 Abell, but the car was Mr. Chavez's caz. If it was left
in the park or on the street, Mr. Chavez would get a tag for it. If he does it on the property, Mr.
Swartwood gets a tag for it. Mr. Moermond responded that is true, but Mr. Swartwood had the
violation of having the caz there, he kne�v it was there, he received the conection order way
ahead of time. He was responsible and could have made arrangements to have it towed, he
didn't, and he waited for the City to do it. '
Ms. Moermond recommends approval of the assessment.
O�-y
LEGISLATIVE HEARING MIlVUTE5 OF APRII, 8, 2003
Page 5
Resolution ordering the owner to remove or repair the property at 733 Charles Avenue. If
the owner fails to compiy with the resolution, Code Enforcement is ordered to remove the
building. (I,aid over from 3-25-03)
Bob Voiden, 1817 Van Buren Street, appeazed and stated he is here to answer questions.
Mazcia Moermond stated this will go to the City Council on Apri123. She has given the owner a
few months to deal with this issue. She understands that two weeks ago, the owner (Joseph
Odens) was two-thirds of the way through the repair list that he worked out with Andy Dawkins,
Director of Code Enforcement. Mr. Dawkins told Ms. Moermond yesterday that he walked
through the building, and there was a little work that needed to be done before the owner could
occupy the first floor. Ms. Moermond would like to see a lot of progress before the City
Council's Public Hearing on April 23. The owner needs to taik to Andy Dawkins about how to
� get done with this. In order to pull permits, a$2,000 bond will need to be posted. The City
Council could opt to waive that requirement. Mr. Volden responded the minor items are almost
all finished.
Ms. Moermond recommends laying over to the Apri122, 2003, Legislative Hearing to finalize
recommendations. This matter will be on the City Council Public Hearing agenda for April 23.
Resolution ordering the owner to remove or repair the property at 718 Sherburne Avenue.
If the owner fails to comply with the resolution, Code Enforcement is ordered to remove
the building. (Laid over from 3-25-03)
Justine Maine, 28231 Johnson Lane, Chisagq Minnesota, appeared and stated he has the deed
and vendor's interest transfened into his name. He has copies of those. He can get certified
copies later. He also has a notice of cancellation of the contract-for-deed. The dissolution of
contract is about the same thing.
Colleen Wilkes, 5383 Stacy Trail Lot #122, Stacy, Minnesota, appeared and stated she has not
been served with any papers and has talked to an attorney. Mr. Maine responded this is not the
time and place to contest that.
(Steve Magner viewed the paperwork.)
Mr. Maine stated his investor has a letter of intent and financing in order to repair and bring the
property up to living standards.
Marcia Moermond asked does he have a purchase agreement. Mr. Maine responded he does.
He can get a letter from his closing company that this is clear. Ms. Wilkes responded it cannot
be clear if she was not served.
Mr. Magner asked is there a letter from his title company that he has free and clear title to this
property. Mr. Maine responded no, but he can get one.
o, you s
LEGISLATIVE HEARING MINUTES OF APRIL 8, 2003
Page 6
Mr. Magner suggested a recess so that his ofFce can contact the title company and revie�v these
documents before proceeding.
(This issue was discussed again about 30 minutes later.)
Ms. Magner stated that based on the informarion that Fallon Kelly received from Mr. Maine's
titie company, it appears there is still not clear ownership on this property. It is Mr. Magner's
recommendation that this go to the City Council public hearing on Apri123. If a bond was
posted and a clear title produced, it would be re-evaluated by the City Council.
Mr. Maine asked how long it would take to get a certified copy when it is done with at the court
system. Fallon Kelly responded the closing company has not received anything.
Mr. Magner stated that Mr. Maine is seeking legal advice, and the City cannot give that to him.
Ms. Wilkes stated she has not had an opportzmity to take care of the property, and she did not
know he had taken over the contract. Mr. Maine responded he is not legally obliged to notify
her.
Ms. Moermond stated Ms. Wilkes will continue to get notices as an interested party.
Ms. Wilkes stated she would like to speak with Ms. Moermond privately. Information is not
being sent to her correct address. Ms. Moermond responded she will not speak privately on
matters in Legislative Hearings. (Note: Ms. Wilkes 1ef� her address on the sign-in sheet.)
Ms. Moermond recommends granting the owner 180 days to complete the rehabilitation of the
property provided the following is done by noon of Apri123, 2003: 1) Provide evidence of a
clear title for the property, 2) Provide purchase agreement with a developer, 3) Post a$2,000
bond with the Office of License, Inspections, Environmental Protection; 4) Pay the current vacant
building fees and real estate taxes, 5) Provide a plan indicating how all the items on the code
compliance inspection report will be completed, 6) Show evidence of financial ability to
complete the repairs on the plan.
Summary Abatement
J0301B Boarding-up of vacant buildings for part of December 2002 and all of
January 2003;
J0301C Demotitions of buildings from 3anuary 2003 to February 2003;
J03Q1A Property cleanup for part of December 2002 to part of Januar�� 2003.
(Note: 424 Albemarle Street wiii be heard aY the 1:30 meeting.}
509 Glendale Street (J0301A)
Paul and Kathy West, owners, appeared. Ms. West stated she returned the green card.
a7-`t.oS
LEGISLATIVE HEARING MINUTES OF Al'RIL 8, 2003
Page 7
Mazcia Moermond recommends laying over to the Apri122, 2003, Legislative Hearing as Code
Enforcement does not have the files available on this property, even though the owners say they
retumed the green cazd.
773 Frank Street (J0301A)
Tong Pao Vang, owner, appeazed.
Marcia Moerxnond recommends laying over to the Apri122, 2003, Legislative Hearing as Code
Enforcement does not have the files available on this properry.
701 Burr Street ialso known as 699 Burr Street (J0301A)
(No one appeared.)
Marcia Moermond recommends approval of the assessment.
707 Marvland Avenue East (J0301A)
(No one appeared.)
Mazcia Moermond recommends approval of the assessment.
369 Fuller Avenue (J0301A)
(No one appeared.)
Marcia Moermond recommends approval of the assessment.
1130 Minnehaha Avenue West (J0301A)
(No one appeared.)
Mazcia Moermond recommends approval of the assessment.
899 Palace Avenue (J0301A)
(No one appeared.)
Marcia Moermond recommends approval of the assessment.
o � -y�s
LEGISLATNE HEARING MINUTES OF AYRIL 8, 2003
922 Woodbridge Street (J0301A)
•. _- :
Mazcia Moermond stated there was an accumulation of refuse on the property. The City cleaned
it up for $288.
Donna Kapaun, 258 Mayfair Road, appeazed and stated she has no problem with what the City
did. She is trying to stay on top of the tenants. She would like to see the videotape. Her main
concern is when she received the summary abatement order on a Saturday, she called Lisa Martin
(Code Enforcement) on Monday and Tuesday, and Ms. Martin never retumed the phone calls.
Ms. Kapaun called the main number and finally got Ms. Martin's mailbox. It was getting close
to the inspection date aad the voice mail said she would be out of the office. Ms. Kapaun called
the main number again and spoke to John Betz. She told him that she got the notice on the tenth
and the cleanup was suppose to be done on 7anuary 13, she could get the gazbage done, but there
was no way she would get the repairs made. Finally, Ms. Martin called the day they were
cleaning up the properry and said she was returning the calls from the previous week.
Ms. Moermond asked did she leave a message. Ms. Kapaun responded she left several messages
on Ms. Martin's voice mail and never got through. Then, she called the main number. That
person put her through to John Betz who did not understand why she was put through to him
because he was not her supervisor.
Ms. Kapaun stated the roof is deteriorated, but it is not leaking. The inspector says the interior
walls are defective. On the garage, there aze two azeas that need repair. The roof has already
been replaced. 5he is reading from the correction notice that is associated with this cleanup.
(Ms. Moermond looked at the correction notice.)
Ms. Moermond stated these are two different things. The correction not3ce speaks to structural
issues. The abatement is just about the garage and refuse.
Mr. Betz stated that Ms. Martin indicated she received phone calls and attempted to return the
phone call on January 15 and there was no answer and no voice mail. Ms. Kapaun responded
that was after the inspection date of the January 14. She had lefr several messages that she
needed to speak with Ms. Martin before the 14`''
Mr. Betz stated the property was cleaned on the 21 �` by the City.
Ms. Kapaun stated she has a letter from the tenant saying that she picked it up.
(A videotape was shown.)
Ms. Kapaun stated she did not see any refuse other than some paper laying around that the wind
could have brought in.
�� "K°S
LEGISLATIVE HEARING MINUTES OF APRIL 8, 2003
Page 9
Ms. Moermond asked does she have regulaz gazbage collection service. Ms. Kapaun responded
yes. Gazbage was scheduled to be picked up the day after the City picked it up. She has had
problems with a neighbor who is dumping on her properry. She does plan to put up a wall to
prevent his overlay from coming onto her property.
Ms. Moermond stated the smnmary abatement notices were mailed on January 9. There was still
a seven day lag time. Ms. Kapaun responded she called her everyday. She did not call her after
Ms. Martin called her which was the day they were picking up the garbage.
Ms. Moermond stated it indicated in the files that the ov.ner trie3 callins on January 15, but the
City did the cleanup on the 21�`. The owner could have appealed the abatement order. (Mr. Betz
showed Ms. Kapaun where it is on the bottom of the order where she could appeal.)
Ms. Kapaun stated she does not have a problem with what the City does, but she does have a
problem when the City does not return ca11s. Ms. Kapaun said Mr. Betz told her not to worry
about it because nothing would be done until Ms. Martin got back. Mr. Betz responded that he
does not have a recollec±ion of saying nothing would happen until Ms. Martin got back. He
would leave a message tivith the inspector to contact the owner prior to doing anything. He
would not put his office in a position of saying nothing would happen until the inspectar can
contact you. That puts the office in limbo.
Ms. Kapaun stated there is no point in azguing about this. She is in favor of property being
picked up, but it would have been prevented if Ms. Martin returned her call in a timely fashion.
Ms. Moermond recommends approval of the assessment. She cannot deal �vith complaints about
staff. Ms. Kapaun needs to contact Andy Dawkins, the Supervisor. She can also write the
Mayor or Deputy Mayor.
929 Albemazle Street (30301A)
(This address was heard at the aftemoon meeting.}
Appeal of Summary Abatement Order at 690 Charles Avenue.
Narcia Nioermond stated there is scrap wood in a pile, but probably not a nice, neat pile.
7oseph Larson, owner, appeared and stated that is the case.
Ms. Moermond asked has he made an attempt to put this in a neat pile. Mr. Larson responded he
tried to get ahold of Jim Prili (Code Enforcement) who did not give him an answer and told him
to call Mr. Robinson.
p � —�o S
LEGISLATIVE HE[1RING NIINUTES OF APRIL 8, 2003
Page 12
have been put in a pile. She cannot lift them. The excavator will use a front end loader to pick
them up. She has not contacted them yet because it is still snowing. Also, she has no grass nor
sidewalk, and it is too muddy right now. She has to use the boazds as a sidewalk to get around.
There was a playhouse that a plumber broke. He did it in the midd!e of December when it was
frozen to the ground.
Ms. Moermond stated one thing is to keep things as tidy as possible throughout the process. The
City get calis from neighbors. She suggested the inspector and her meet within two weeks.
Mr. Robinson stated this was a sweep, but they do get lots of reports. They do get calls from
neighbors that say Code Enforcement is picking on them, but not picking on the neighbor down
the street. He would meet the owner at the property.
Ms. Moermond recommends changing the compliance date to May 8, 2003, on the March 20
Summary Abatement Order.
The meeting was adjourraed at 11:56 a.m.
�
CITIZEN SERVICE OFFICE
Donald J. Lun¢, Ciry Clerk
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
March 21, 2003
TO: z Racquel Naylor
Council Research
FROM:
SUB3ECT:
IVancy Anderson
Office of the City Couiicil
DNISION OF PROPERTY CODE ENFORCEMENT
�7—�
Nuisance Bui7ding Code Enforcement
1600North A'hiteAvenue Tel: 65l-266-l900
SaintPauI,MN55106 Fas:65/-266-1926
�-��,,r �-
f � ��
�� �
�n3�
5 � '..' , � ,„�,�
Maxine Linston
Citizen Service Office, Division of Code Enforcement
Public Hearings for Demolitions
The following properties haue been declared nuisances and are scheduled for public hearings to
consider repair ar demolition of the property.
Address
1269 Coach Road
Green Sheet Number
102432
Legislative Hearing
Tuesday, April 8, 2003
CITY COUNCIL HEARING
Wednesday, Apri123, 2003
PLEASE MARK YOUR CALENDAR
�� :,,
�
CITY OF SAINT PAUL
Rarsdy C Ke!!y, Mayor
Mazch 21, 2003
C[TIZEN SERVICE OFFICE
Donald l Luna, Ciry Clerk
DNISIOY OF PROPERTY CODE E?iFORCEMEh'I
Andy Dawklns. Progr¢m �4fanager
Nuisance Bui(ding Code Enforcement
1600NorthWhiteBearAversue Tef: 651-166-1900
SairstPnul.M,VSi106 Fae:651-266-1926
�. � .
�
"i �
°4
NOTIC�; (�r r�„�� ___
Council President and
Members of the City Council
�.�_�c�s
�
. f�.-_��
aJd"'�°='�.v��_ „ '
�
NGS
n°
a � �
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 buiiding(s) located at:
1269 Coach Road
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, April 8, 2003
City Council Hearing - Wednesday, Apri123, 2003
The owners and responsible parties of record are:
Name and Last Known Address
Atrium North, L.L.C. -
c/o Weilington Mana�ement, Inc.
1625 Energy Pazk Drive #100
St. Paul. NLN »108
Poa Authoritc of St. Paul
Atm: Rick Gie:dal
345 St. Peter Sffeet, r1900
St. Paul, MN �5108
Interest
Fee Owner
Risht ofRecer�er Interest
AA-ADA-EEO Employer
1269 Coach Road
March 21, 2003
Pa�e 2
The legal description of this property is:
� _�oS
All that part of the South %z of the North %z of Section 27, To�r�nship 29, Ran�e 23,
which lies within the follo«�in� described lines: Commer.cin� at a point on the
�Vest line of the Northwest 1/4 of said Section 27 distant 190 fzzt South of the
North line of the South Half of Section 27; thence North 89 desrees 1� minutes 04
seconds East (assumed bzarin�) along the �Vesterly extension of the North line of
the Plat of Ener�y Pazk No. 3 and the North line of the Plat of Enzr�y Park No. 3 a
distance of 2,642.73 feet to the North/South quarter line of said Section 27; thence
continuin� alon� the North line of said Plat North 89 de�rees 23 minutes 32
seconds East 109.06 feet to the point of beginnin� of the lines to bz herein
described; thence continuin� North 89 de�ees 28 minutes 32 seconds East along
said line 7�7.14 feet to the IvTOrtheast comer of Lot 4, Block 1, said Energy Park
No. 3; thence North 0 de�rees 38 minutes 19 seconds West 35.51 feet; thence
South 89 degrees 22 minutes 27 second �Vest 757.08 feet; thence South 0 degrees
32 minutes East 34.17 feet to the point of beginnin�.
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
known responsible parties to eliminate this nuisance condition by correctin� the deficiencies or by
razing and removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blighting influence of this property. It is the
recommendation of 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 a�ainst the real estate as a special assessment to be
collected in the same manner as taxes.
Sincerely,
10
. . �� .
Steve Ma�ner
Vacant Buildin�s Supervisor
Division of Code EnfDrcement
Citizen Service Office
S�1:m1
cc: rraak B::?. Buiidine Insp�ction aad DesiQ*:
Meahan Riley, Ciry Attomeys Ofiice
Nancy Anderson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
AA-ADA-EEO Empioyer