05-1135Council File # V � � �/`�`
creea Sheet # 3028555
RESOLUTION
SAINT PAUL, MINNESOTA
Presented
Referred
Committee: Date
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1 WHEREAS, Neighborhood Housing & Property Improvement has requested the City Council to
2 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 and the detached, one-stall, wood frame
4 garage located on property hereinafter refened to as the "Subject Properiy" and commonly laiown as 896
5 Palace Avenue. This properiy is legally described as follows, to wit:
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The East 1/2 of Lot 10, Block 10, Michel & Robertson's Add.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Neighborhood Housing & Property Ixnprovement on or before February 6, 2005, the
following are the now known interested or responsible parties for the Subject Property: Richard C.
Stroemer & 3ohn Stroemer, 813 Kentucky Street, Racine, WI 53405-2309; Cendant Mortgage
Corporation, Mortgage Service Center, 4001 Leabenhall Road, Mount Laurel, New Jersey 08054
WHEREAS, Neighborhood Housing & Property Improvement 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 August 22, 2005; and
WHEREAS, this order inforxned the then lrnown interested or responsible parties that the
shucture located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WI�EREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by September 22, 2005; and
WHEREAS, the enforcement officer has posted a placazd on the Subject Property declaring this
building(s) to constitute a nuisance condition; subject to demolirion; and
WHEREAS, this nuisance condition has not been corrected and Neighbarhood Housing &
Property Improvement 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
AA-ADA-EEO Employer
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WI3EREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, Novembez 15, 2005 to heaz testunony and evidence, and after receiving testimony
and evidence, made the recommendation to approve the request to order the interested or responsible
parties to make the Subject Property safe and not detrimental to the public peace, health, safety and
welfare and remove its blighting influence on the community by rehabilitating this structure in
accordance with all applicable codes and ordinances, or in the alternarive by demolishing and removing
the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolirion of
the structure to be completed withiu fifteen (15) days after the date of Uae Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, December 7,
2005 and the tesrimony 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 Property at 896 Palace Avenue:
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
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That the costs of demolition and removai of this building(s) is estimated to exceed three
thousand dollazs ($3,000.00).
That there now exists and has existed multiple Housing or Building code violations at the
Subject Property.
That an Order to Abate Nuisance Building(s) was sent to the then lrnown responsible
parties to correct the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condirion have not been corrected.
That Neighborhood Housing & Property Improvement 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 Neighborhood Housing & Property
Improvement, Vacant(Nuisance Buildings.
That the lrnown interested parties and owners are as previously stated in this resolution
and that the notification requirements of Chapter 45 have been fulfilled.
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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 shucture 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.
AA-ADA-EEO Employer
O S- 1135
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2. If the above corrective action is not completed within this period of time Neighborhood Housing
& Property Improvement is hereby authorized to take whatever steps are necessary to demolish
and remove this stnxcture, fill the site and chazge the costs incurred against the Subject Properiy
pursuant to the provisions of Chapter 45 of the Saint Paul L,egislarive 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 properiy by the responsible parties by the end of this time period. ff 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
Montaomerv
Bostrom
Thune
Harri s
Lantrv
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Absent Neiqhborhood Housina Propertv Improvement
BY � �� y`�7
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Form Approved by Cit}( Attorney
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By:
LHelaen � � I I I
p � Ap
Adopted by Council: Date o?(�D�
Adoption Certified by Council Secretary BY
By:
Appr
By:
Mayor for
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AA-ADA-EEO Employer
� Green Sheef Green Sheet
oS- �135
Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenNoffice/council: Date Initiated:
NH NeighborhoodHousing(ProperTy 21-0CT-05 Green Sheet NO: 3028555
Contact Person 8 Phone: Deoartment Sent To Person InitiaVDate
Mdy Dewkin5 � 0 eiohborhood Housin ro er
2651927 (�jgn 1 eiahborhoodAOUSin ro er D artneutDirector G7� � Q�
Must Be on Council Agenda by (Date): Number 2 i Attorne 8' S
07-DEGOS F _
RoUting 3 vor's O�ce MavodAssistant
Order 4 o ncil
5 itv Clerk Citv Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
City Council to pass this resolurion which will order the owner(s) to remove or repau the referenced building(s). If the owner fails to
comply with the resolufion, Neighborhood Housing & Property Improvement is ordered to remove the building. Tfie subject property
is located at 896 Palace Avenue.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this departmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
. 3. Does this persoNfirm passess a skill not normally possessed by any
current city employee?
Yes No �
F�cplain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
This building(s) is a nuisance building(s) as defined in Chaptex 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 896 Palace Avenue by September 22, 2005, and have failed to comply with those orders.
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AdvantageslfApproved: C
The City will eliininate a nuisance. ��� � ` LQ03
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DisadvantageslfApproved:
The City will spend funds to wreck and remove ttus building(s). These costs will be assessed to the property, collected as a special
assessment against the properiy taxes.
Disadvantages If Not Approved: , �
A nuisance condirion will remain unabated in the City. Tlus buffding(s) will continue to blight the community.
ToWI Amount of �
Trensa¢tioo: $000 Cost/Revenue Budgeted: y
Funaingsource: Nuisance Housing ActivityNumber. 30251 �(h,X�3� ��,e,p��rh ��,s��e�
Financiallnformation: Ab8iBfllEnt
(Explain) oCZ � a w ��
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OS- lt3S
LEGISLATIVE HEARING MII�ILJTES OF NOVEMBER 15, 2005 Page 5
people seem to be coming and going and putting a sign in the window advertising far storage. Mr.
Zielke is asldng for a couple ofthings: 1) rime for his client to evaluate the properiy, 2) time to
immediately commence an eviction to get the personal property out of the house. 3) a layover so
that Ameriquest can have this evaluated. Either Ameriquest can concur with the City or they can
come up with a game plan to get an investor to rehab the property. Mr. Zielke drove to the
properiy this moming, and the yard appeazed to be clean and the property secure.
Ms. Moermond asked has he seen the photographs. Mr. Zielke responded he has not seen the
photos, but he understands what it looks like. His client has attempted to secure it in the past, but
someone has tampered with that. Ameriquest will re-secure the properry with their own locks.
Someone needs to take control of the property. They may concur it is a lost cause. If they do, they
can get bids or sell it as a vacant properiy. Mr. Magner added that there is quite a bit of value in
the site itself based on the square footage because of the depth of the lot.
In answer to several quesrions, Mr. Magner responded it was once condemned, but now it is just
unoccupied and secured by other than normal means with multiple violations. It is in the Dayton's
Bluff Historic Preservafion zone. If the Council removed the structure, there is no review on the
HPC board, according to Chapter 73.
Ms. Moermond asked how much money is involved for Ameriquest. Mr. Zielke responded they
bid $143,546.28. With interest, they are into this for over $150,000. It is a significant loss if it
goes down. Ms. Moermond stated they can sometimes get a properiy tax abatement because of
that, which will be a little something.
Ms. Moermond recommends laying over to the Aecember 6 Legislarive Hearing. Ms. Moermond
stated this is set for City Council Public Hearing on December 7. She would like to see the
following done: 1) a Code Compliance Inspection to get a list of all problems with the building,
which should help his client decide wt�at they are looking at. 2) The taxes will need to be paid, 3)
the vacant building fees paid. On December 6 she would like to see the results of the Code
Compliance Inspection. Mr. Zielke should proceed with the evictions. If he wants to go the
rehabilitation route, she would like to see the following: 1) a purchase agreement, 2) a work plan
that demonstrates they understand the scope of the rehabilitation, 3) a$2,000 bond with the City,
4) a financial plan showing they have the financial wherewithal to complete the zehabilitation.
Mr. Zielke asked about the Vacant Building fee. Mr. Magner responded $250, but the anniversary
is not up yet. The owner will be mailed a notice and invoice on that.
�/ Resolution ordering the owner to remove or repair the building(s) at 896 Palace Avenue. If
�C the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the building(s).
(Owner did not appear.)
Steve Magner reported this is a one story dwelling. It has been vacant since 6-5-03. It is not
condexnned. The current owner is Richard C. Stroemer and John Stroemer. There haue been
twelve Summary Abatement Notices to remove tall grass, remove rubbish, remove snow and ice.
On 8-9-05, an inspection of the property was conducted, a list of deficiencies which constitute a
os- r�3s
LEGISLATIVE HEt1RING MINUTES OF NOVEMBER 15, 2005 Page 6
nuisance condition was developed, and photogaphs were taken. An Order to Abate a Nuisance
Condition was posted on 8-22-OS with a compliance date of 9-22-05. As of this date, this property
remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant
Building Registrafion fees aze not paid as of 11-15-05, including an unpaid 2003 vacant building
fee of $200. Taxafion has placed an estimated mazket value of $22,500 on the land and $97,000
on the building. As of November 15, a Code Compliance Inspection has not been completed, nor
a performance bond posted. Real estate ta��es aze current. Estimated repairs are $70,000 with
demoli6on between $7,000 and $8,000. NHPI is seeking a resolution to remove or repair in 15
days. There has been no recent contact with the owner.
Ms. Moermond asked about the 12 sununary abatement notices. Since Apri12004, responded Mr.
Magner, every snmuzary abatement went to work order. There has been constant issuance of
abatement orders since that time.
Ms. Moermond asked has there been an interior inspection. Mr. Magner responded not recently.
There are no utilities.
Ms. Moermond recommends approval of the resolution.
The hearing was adjourned at 11:00 am.
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