05-686CouncilFile# ��
Green Sheet # ��a� SI /
RESOLUTION
PAUL, MINNESOTA
Presented by
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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.
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Requested by Department of.
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Form Approved by City Attomey
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Adopted by Council: Date ��� � a�
Appxoved by Mayor for Submission to Council
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Co�d Person & Phone:
Maraa Mcertnond
266-8750
Must Be on Council Agen
27JUL-05
Z��,��-05 I Green Sheet NO: 3027519
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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
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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)
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Council Fi1e � �
Green Sheet # 3G26795
Presented By
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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
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�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.
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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.
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and removing the
after the date
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m and
the Council
AA-ADA-EEO Employer
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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.
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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)