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05-668AMENDED - AUGUST 3> 2005 Council File # �}��_V Green Sheet # 3026798 RESOLUTION Presented By Referred To Committee: Date 1 WIIEREAS, 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 referred to as the "Subject Property" and commoniy known as 5 1002 Matilda Street. This property is legally described as foliows, to wit: 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 Lot 11, Block 38, Auerbach & Hands Addition to the City of St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighborhood Housing & Property Improvement on or before January 1Q 2005, the following aze the now known interested or responsible parties for the Subject Property: JPMorgan Chase Bank as Trustee, CO Homecommings Fin Neywork, 8435 Stemmons Frwy, Dallas, TX 75247; Jeremy Tutko and Tom Aznhrien, 1337 Sibley Memorial Hwy., Mendota, MN 55150-1416; Shapiro & Nordmeyer, L.L.P, 7300 Metro Blvd., Suite 390, Edina, MN 55439-2306; Claude Worrell Rema7c Results, 1035 Cedar Lake Road South, Minneapolis, MN 554Q5; Energy Family Credit Union, c(o Kris A Wittwer, Steward, Zlimen & Jungers, Ltd., 430 Oak Grove Street Suite 200, Minneapolis, MN 55403 WHEREAS, Neighbarhood Housing & Property Improvement has served in accardance with the provisions of Chapter 45 of the Saint Paul L,egislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated March 20, 2005; and WHEREAS, this order informed the then known interested or responsibie 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 shucture located on the Subject ProperCy by April 15, 2005; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; sub}ect to demolition; and WHEREAS, this nuisance condiUon has not been corrected and Neighborhood Housing & Froperty Improvement requested that the City CJerk schedule public hearings before the I.egislative Hearing Officer of the City Council and the Saint Paul City Council; and WIIEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the time, date, place and purpose of the public hearings; and OF SAINT PAUL, MINNESOTA � AA-ADA-EEO Employer � 7 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 51 WHEREAS, a hearing was held before the L.egislative Hearing Officer of the Saint Paul C Council on Tuesday, July 5, 2005 to heaz 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 welfare and remove its blighting influence on the community by rehabilitaUng this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accardance 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 Suly 20 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,�9, 2005 and the testimony and evidence including the action taken by the L.egislative Hearing Officer was considered by the Council; now therefore BE TT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Councii hereby adopts the following �indings and Order concerning the Subject Property at 1Q02 Matilda Street: 1. 2. 3. 4. 5. 6. 7. 8. That the Subject Property comprises a nuisance condition as defined in Saint Paui Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Property which declazes it to be a nuisance condiUon subject to demolifion. That this building has been routinely monitored by Neighborhood Housing & Property Improvement, VacanUNuisance 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 responsibie 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� this structure a,,,� ,.,,,YO,.�:.,,, .,n aov;,.;o..,.:e.. as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances �*;^ rhP airA,�.,�r; �, . ao,,,..i h• a ro,.,,,..:..,. �.. ,.. ...«.._ ar�rnrrlon.�P ..»tl. oll orrl�r�l.lo .. ,7e.. .....7 ...�,� :............. 'j`11eda:�1�9A-9F CIETT1011tlOI1 $RCI removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. AA-ADA-BEO Psnployu �s-t�c�� 1 2. If the above corrective action is not completed within this period of time Neighborhood Aousing 2 & Property Improvement is hereby authorized to take whatever steps aze necessary to demolish 3 and remove this structure, fill the site and chazge the costs incuned against the Subject Property 4 pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 5 6 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 7 property or fixtures of any kind which interfere with the demolirion and removal shall be 0 10 11 12 13 � 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 shail remove and dispose of such property as provided by law. 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. xequested by Department of: Yeas Navs Benanav Montqomerv Bostrom ,i �U Haz Lar Hel Adop Adop By: Appr BY: Absent Nei hbor od Housin Pro ert Im rovement Y ✓ B�'' �vU/ AA-ADA-EEO Emptoyer � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � NH — NeighborhoodHOUSing/Propeny Contaet Person & Phone: Mdy Dawkins 266-1927 Must Be on Council Agen 20.IUL-05 Total # of Signature Pages Date Initiatetl: 10-JUN-0S � /�ssign Number For Routing Order Green Sheet NO: �'�� 3026798 0 ood H 1 haod H Director 2 'tv Att�mev 3 4liavor's �ce I Mavor/A�c:cwnt t/ 4 uncil 5 i Clerk Ci Clerk (Clip All Locations for Signature) City Council to pass this resolution which wiil order the ow�er(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolutron, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 1002 Matilda Street. idations: Approve (A) or R Planning Commissio� CIB Committee Civil Service Commission Personal Service Contracts Must Msww the Folbwing questions: 7. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/(irm possess a skifl not normaVfy possessed by any current ciry employee? Yes No Explain ali yes answers on separate sheet antl attach to grcen sheet Initiating Problem, Issues, OpportGnity(Who, What, When, Where, Why): - � This building(s) is a nuisance building(s) as defined in Chapter 45 and-a vacant building as defined in Chapter 43 of the Saint Paul L.egislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at1002 Matilda Street by April 1, 2005, and have failed to comply with those orders. AdvantagesifApproved: The City will eliminate a nuisance. Disativantages If Approved: The City will spend funds to wreck and remove this building(s). assessment against the property taxes. Ju� � � z�o� These costs wiIl be assessed to the property, collected as a special Disadvantages If Not Approvetl: A nuisance condiUOn will remain unabated in the City. This building(s) will continue to blight the community. Total Amount of Transaotion: Funding Source: Financial Information: (E�cplain) 10000 Nuisance Housing Abatement •:. � � JUN 2 0 200�; CosURevenue Budgeted: y ActivifyNurtitie�o 30251 RECEIVED .�U�t E''F ( MAYOR'S QFFECE NEIGHBORHOOD HOUSL\G & PROPERTY LbSPROVEbIF.�V'T AndY Dawkirss. Program Man¢ger r��' CITY OF SAIl�'T PAIJI.. Nuisance Bui(ding Cade Enforrement Randy G Kelly, Macor 1600 North Whtte Bear Avenur Te(: 651-266-1900 SaintPaul,MN55l06 Fax:65t-266-1926 7une 10, 2005 ��.r� .4 ct.,��..��.r�,� P.Zni6P :d. _,. . NOTICE OF PUBLIC HEARINGS t ia_ Councii President and Members of the City Council Nei�hborhood Housin� & Property Improvement , VacantNuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the,nuisance building(s) located at: 1002.Maiilda Street The City Councii has scheduled the date of these hearings as follows: -- Legislative Hearing - Tuesday, July 5, 2005 City Council Hearing - Wednesday, July 20, 200� The owners and responsible parties of record are: Name and Last Known Address 7PMorgan Chase Bank as Trustee CO Homecommings Fin Neywork 8435 Stemmons Frwy Dallas, TX 75247 Jeremy Tutko and Tom Amhrien 1337 Sibley Memorial Hwy Mendota, MN 55150-1416 Shapiro & I3ordmeyer, L.L.P. 7300 Metro Blvd., Suite 390 Edina, MN 55439-2306 Claude Worrell Remax Results 1035 Cedar I,ake Road South Minneapolis, MN 55405 Interest Fee Owner Homesteader Attomey for Fee Owner Real Estate Agent for Homesteader AA-ADA-EEO Employer C1S-t�(�.g 1002 Matilda Street June 1Q 200� Pa�e 2 Name and Last Known Address Energy Family Credit linion c/o Kris A Wittwer, Steward, Zlimen & Jungers, Ltd 430 Oak Grove Street Suite 200 Minneapolis, MN 55403 The legal description of this property is: Interest Judgement Creditor of Homesteader Lot 11, Block 38, Auerbach & Hands Addition to the City of St. Paul. _,° I`Teighborhood Housing & Property Improvement has declazed this building(s) to constitute a:. "nuisance" as defined by I.egislative Code, Chapter 45. Neiahborhood fIousing & PropeRy � °Iinprovemenf has issued an order to the then known responsible parties to eliminate this nuisance °- condition by wcrectin� the deficiencies or by razing and removin� this buildina(s). _,_. .. �.� I�asmuch.a� diisQrder Co Abate has not b�een�compliedwith_tiae iwisaace concliriomre�ains� ^.�� :�= unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Neighborhood Hausing & Property Improvement 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 Neighborhood F3ousing & Property Improvement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �s , , �� , Steve Magner Vacant Buildin�s Supervisor Neighborhood Housin� & Property Improvement SM:mI cc: Frank Berg, Buildino Inspection and Desia Judy Hanson, City Attomeys Office 1VIaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division AA-ADA-EEO Employer �� � o�--��� �-�e.� � � MINUTES OF TI-� LEGISLATIVE HEARIlVG ORDERS TO REMOVE/REPAII2, CONDEMNATIONS, ABATEMENT ASSESSMENTS, ABATEMENT ORDERS, RENTAL REVOCATION CERTIFICATES Tuesday, July 5, Z005 Room 330 City Hall, 15 Kellogg Boulevard West Mazcia Moermond, Legisiative Hearing Officer The hearing was called to order at 10:04 a.m. STAFF PRESENT: Steve Magner, Neighborhood Housing and Property Improvement (NIIPI) Property cleanup at 1669 Manton Street (J0407A) Marcia Moermond recommends approval, as the appellant did not appear. Resolution ordering the owner to remove or repair the building(s) at 1002 Matilda Street. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the buiiding. The following appeared: Claude Worrell, Remaat Results, 1035 Cedar Lake Road, Minneapolis, appeared and stated he is represenfing Homecomings which acquired title tl�rough foreclosure. Steve Magner gave a staff report as follows: This buiiding has been vacant since 12-29-04. The current owner is Chase Financial. There have been four sutnmary abatement notices issued for snow and ice removal, tall grass and weeds, and for an unsecured building. On 12-29-04, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An Order to Abate a Nuisance building was issued on 3-28-OS with a corrected notice sent on 3-30-05 with a compliance date of 4-15- O5. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant Building Registration Fees were paid by Claude A. Worrell, on 5-6-05. Real estate taxes aze current. TaYation has placed an esfimated market value of $34,700 on the land and $94,600 on the building. As of 7-5-05, a Code Compliance Inspection has not been scheduled. As of 7-5-05, a$2,000 bond has not been posted. Code Enforcement Officers estimate the cost to repair this shucture is $50,000. The estimated cost to demolish is $8,000 to $10,000. The bnilding was originally owned by an investor who did some rehabilitation, said Mr. Magner. Somewhere it developed a water leak which created a situation where the northside foundation collapsed. The rest of the shucture is in decent condition. Mr. Worrell stated the redemption expired in March. That is when he requested copies of work orders. They inspected the property and found its condition. They got copies of the work orders plus corrected copies. Ms. Moermond asked for his clienYs name. Mr. Worrell responded JP Morgan is the mortgage servicer for the holder of the mortgage, which is Homecomings. They have seen photographs, U5 -�,��' MINUTES OF THE LEGISLATIVE HEARING OF JULY 5, 2005 Page 2 work orders, and a recommendation from Mr. Worrell that the building was salvageable. They put it on the market for an "as is" price. They aze in the process of engaging a azchitect to fix the foundation. Once they have the design, they will put it out to bid. Mr. Worrell has submitted a bid from one engineer for the design. The sheriff's sale would have been six months before he gotinvolved. Ms. Moermond asked has Mr. Magner requested access to the buiiding. NIr. Worrell responded he can have access anytime. There is a lock box. Mr. Magner added that they wi11 need a Code Compliance Inspection on the property. Most likely, Jim Seeger (License, Inspections, Environmental Protection) will require a structural engineer's report on the foundation. Mr. Magner received a phone ca111ast week from an engineering firm. Ms. Wonell stated they aze proceeding, although Homecomings is slower than he would like. They did a huth-in-sale of housing report. They are trying to keep it safe. Ms. Moermond asked will Homecomings fix it or sell it. Mr. Worrell responded they plan to fix it themselves. Ms. Moermond recommends that the Council grant 180 days to complete the rehabilitation of the property on condition that the following is completed by noon of July 20, 2005: 1) a Code Compliance Inspection Report, 2) a$2,000 bond is posted, 3) a work plan is submitted indicating how and when a11 the items on the Code Compliance Inspection Report will be addressed, 4) a financial plan is submitted indicating the wherewithal to complete the work on the Code Compliance Inspection Report. Summary Abatements: J0502B Boarding up of vacant properties during March 2005 1008 Farrineton Avenue Lois Jacobs, owner, 525 S. Lexington Parkway, appeazed. Ms. Moermond recommends laying over this issue over to July 19, as the file was not available on this property. 1265 Stanford Avenue (Note: there are two issues involving this address. There is a resolution to remove or repair later in the hearing.) Ms. Moermond stated the assessment is $401 for the boarding of buildings. Mr. Huot responded that Mr. Weinhold is paying all the assessments. Her clients never went to the house after it was boarded up and did not give pernussion for the coming and going at that property, except for Mr. Weinhold and one other person. Mr. Weiss responded there are about $10,000 in assessments. Ms. Moermond recommends approval of the assessment.