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05-686CouncilFile# �� Green Sheet # ��a� SI / RESOLUTION PAUL, MINNESOTA Presented by � ResoLution Restating Council Intent on the Order to Remove 1265 Stanford Avenue 1 WHEREAS, on July 20, 2005 the Saint Paul City Council adopted Council File #OS-670, an Order to Remove the 2 buildings at 1265 Stanford Avenue; and 3 WHEREAS, a legislative hearing was conducted on July 5, 2005 for the purpose of developing a 4 recommendation to the Council on Council File #OS-670, and the following owners and interested parties were 5 present: the former owners, Tammy and Terry Head represented by attorney Mary Huot the new owner, 6 Weinhold Inveshnents (Arnold Weinhold and Phillip Weiss); and several neighbors, including Ted 7 Kronschnabel, Julie Matson and Mary Kay Claridge; and 8 WHEREAS, the legislative hearing officer found, based on a code compliance inspection, that there had likely 9 been a significant rodent infestation within the walls of the dwelling and subsequently the new owners agreed to 10 follow lead-based paint removai guidelines established by the Minnesota Deparhnent of Health and seal both the 11 area being worked on and the debris removed from the site to prevent contamination to the air; and 12 WHEREAS, the legislative hearing officer found that the new owners (Weinhold & Weiss) did not have specific 1; eramples of successfizl, large scale and complex rehabilitation projects in Saint Paul or Minneapolis, that vacant 14 buiiding fees were due and owing, and that the sale had not been formally concluded and money exchanged; and 15 WHEREAS, based on these findings, the Legislative Heazing Officer recommended that the resolution be 16 amended to allow the new owners 180 days, rather than 15 days, for the repair (or removal) of the buildings at 17 1265 Stanford Avenue ifthe following specific conditions were met: 1) a$5,000 bond posted, 2) an approved 18 work plan indicating the general time period when things will be done and the subcontractor name(s), 3) a 19 financial plan showing the wherewithal to complete the work on the Code Compliance Inspection Report, 4) the 20 vacant building fees aze paid, and 5) the purchase agreement is completed; and 21 WHEREAS, the City Council was informed at its public hearing on this matter that none of the condifions 22 established by the Legislative Hearing Officer had been met by the established deadline of noon on July 20, 23 2005; and 24 WI�,REAS, the City Council held a public hearing allowing all interested parties, including the new ownership 25 interest, Jim Clobes; the present (and possibly ongoing) owners, Arnold Weinhold and PhillipWeiss; and 26 neighbors Ted Kronschnabel, Julie Matson, Mary Kay Claridge, and Richard Sonstegard, to be heard; and 27 WHEREAS, the City Council found that 1) 1265 Stanford Avenue meets the definition of a nuisance as defined 28 in the legislative code; and 2) that the owners had not demonstrated the capacity to execute this difficult and 29 complex rehabilitation by meeting the reasonable conditions established in the legislative hearing process; and 3) 30 that this property likely posed a public health hazard both for workers and neighbars if reasonable precautions 31 were not taken; and 4) that the nuisance and public health concerns associated with the property were likely to 32 increase, rather than decrease, over time given that the structure had not been secure from entry; and 33 WHEREAS, the Council made a verbal record amending Council File #OS-670, which was not completely and 34 consistently reflected in the written document, Council File #OS-670; and 35 WIIEREAS, the intention of the Council was stated publicly and on the record at its hearing on this matter, to 36 order this building removed, with no option for rehabilitation, in 5, rather than 15, days; now, therefore be it 37 RESOLVED, that the City Council herewith confums and restates its decision Ordering the Removal of 1265 38 Stanford Avenue, upon adoption of this resolution. D�- �g� Requested by Department of. � Form Approved by City Attomey � Adopted by Council: Date ��� � a� Appxoved by Mayor for Submission to Council os-��, � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � co -���� Co�d Person & Phone: Maraa Mcertnond 266-8750 Must Be on Council Agen 27JUL-05 Z��,��-05 I Green Sheet NO: 3027519 � Assign Number For Routing Order Total # of Signature Pages _(Clip AII Locations for Signature) Action Requested: Resolurion restating Council Intent on the Order to Remove 1265 Stanford Avenue. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 0 ooucil 1 ooncil De rtment Director 2 'tv Clerk Citv Clerk 3 4 5 I 3. Does this person/frm possess 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): AdvantapeslfApproved: DisadvantapeslfApproved: Disadvantages If Not Approved: otal Amount of Transaction: Funding Source: Cost/Revenue Budgeted: Activity Number: Financial Infortnation: (Explain) ���� �� ��ao/aoo� Council Fi1e � � Green Sheet # 3G26795 Presented By RePerred To 0 Conmiittee: Date 1 2 3 4 S 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 WHEREAS, Neighborhood Housing & Property Improvement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frazne and masonry, single family dwelling with a detached, two-sta11, wood frame gazage located on properiy hereinafter refetred to as the "Subject Property" and commonly l�own as 1265 Stanford Avenue. This property is legally described as follows, to wit: I.ot 13, Block 3, Redwing Addirion. WT-�REAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighborhood Housing & Property Improvement on or before 7anuary 9, 2005, the following aze the now known interested or responsible parties for the Subject Property: Mr. Stanley E. and Ms. Betty M. Head, 1265 Stanfard Ave., Liberty State Bank, 175 Snelling Ave. N., St. Paul, MN 55104 St. Paui, MN 55105-2810 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 May 5, 2005; and WHEREAS, this order informed the then l�own interested or responsibie parties that the structure located on the Subject Froperty is a nuisance building(s) pursuant to Chapter 45; and WI�REAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by June 6, 2005; and WHEREAS, the enforcement ofFicer has posted a placard on the Subject Property tleclaring this building(s) to constitute a nuisance condition; subject to demolirion; and WI�REAS, this nuisance condition has not been corrected and Neighborhood Housing & Property Improvement requested that the City Clerk schedule public hearings befare the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WI�REAS, 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 time, date, place and purpose of the public hearings; and RESOLUTION SAINT PAUL, MINNESOTA AA-ADA-EEO Employer 2 � 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 39 40 41 42 43 44 45 46 47 48 49 50 51 �J'�.2� �Vf3EREAS, a hearing was held before the Legislative Heazing Officer of the Saint Paul City Council on Tuesday, 7uly 5, 2005 to heaz testimony and evidence, and after receiving testimony and evidence, made the recommendarion 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 welfaze and remove its blighting influence on the community by rehab' ' ng this siruc e in accordance with all applicable codes and ordinances, or in the alternative b demolishing and removing e structure in accordance with all applicable codes and ordinances. e� demolitio of the structure to be completed within�€i€#ee�3j days after the date of e Council Hearing; an � v� S� VJE3EItEAS, a hearing was held before the Saint Paul City Council on Wednesday, July 20, 2005 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE TT RESOLVED, that based upon the tesfimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 1265 Stanford Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislative Code, Chapter 45. 2. 3. 4. 5. 6. 7. 8. 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 conect 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 declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by Neighbarhood Housing & Property Improvement, Vacant/Nuisance Buildings. That the known interested parties and owners aze as previously stated in this resolution and that the nouficafion requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the foliowing order: The above referenced interested or responsible parties shall make the Subject Properry safe and not detrimental to the alth, safety and welfare emove its blighting influence on the communi y rehabili ' structure and correcring all de ' s as prescribed in the above reference rder to Abate Nuisance Building(s) i�.accordance with pplicable codes and ordinances, or in the alternarive by accordance with a11 applicable codes and ordi removal of the structure must be completed � Hearing. v� and removing the after the date e in m and the Council AA-ADA-EEO Employer t�-(�lt� 1 2. If the above corrective action is not completed within this period of time Neighborhood Housing 2 & Properiy ImprovemenY is hezeby authorized to Yake whatever sYeps are necessary to demolish 3 and remove fhis structure, fiIl the site and chazge the costs incurred against the Subject Property 4 pursuant to the provisions of Chapter 45 of the Saint Paul Le�slative Code. 5 6 9 10 il 12 13 3. In the event the buildina is to be demolished and removed by the City of Saint Paul, alI 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. ff alt personai 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; AA-ADA-EEO Employer Yeas Navs Absent Nei hbor o Housina Propertv Improvement Benanav ,i Montaomerv ,/ By: R� � Bnstr�m ✓ July 20, 2005 City Council Action Minutes Page 9 55. Resolution - OS-670 - Ordezing the owner to remove or repair the building(s) at 1265 Stanford Avenue within fifteen (15) days from adoption of resolution. (Note Item 56 also) (Legislative Hearing Of#icer recommends ttie following be completed by noon on July 20, 2005: 1) a$5,000 bond is posted; 2) a work plan is submitted indicating the general time period when things will be done and the subcontractor name(s); 3) a financial plan is submitted showing the wherewithat to complete the work on the Code Compliance Tnspecfion Report; 4) the vacant buildmg fees are paid; and 5) the purchase agreement is coinpleted) Adopted as amended (Remove within fve (� days) Yeas - 6 Nays - 0 56. Resolution Ratifying Assessment - OS-671 - In the matter of the assessment of benefits, cost and eapenses for boarding-up of vacant property during the month of March 2005. (File No. J0502B) (Legislative Hearing Officer recommends the following: T008 Farrington S�reet- , ap�roval 1265 Stanford Avenue - approval (Note Item 55 atso) Adopted (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 57. Appeal of Richard Bowen to a summary abatement order for property at 646 FuIler Avenue. (Legislative Hearing Officer recommends the following: Tree Loes - appeal denied and should be moved by July 12, 2005; Metai cabinet - appeal denied and should be moved by October 31, 2005; Barrei - appeal granted and the barrel can stay there indefinitely provided that it is emptied once a week) Appeal part granted and part denied (per the recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0(Harris not present) S8. Appeal of Want 2B Nice Properties III to a Vacant Building Registration Notice for property at 1131 Payne Avenue. (Legislative Hearing Officer recommends b anting the appeal and withholding the Vacant Building Registration Fees until September 30, 2005. If the work is done by then, the fee will not be required.) Appeal granted (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 59. Final Order - OS-672 - In the matter of the Seventh Place Mall operation and maintenance costs for 2005. (File No. 18428-2005) Adopted Yeas - 6 Nays - 0 60. Resolution Ratifying Assessment - OS-673 - In the matter of the assessment of benefits, cost and expenses for the Seventh Place Mail operation and maintenance cosfs for 2004. (File No. 18428-2004)