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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Council Fi1e
Green 5heet
Committee: Date
5�
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, brick building located on property hereinafter refeired to as the "Subject Property"
4 and commonly known as 441 University Avenue West. This property is legally described as foliows, to
5 wit:
L.ot 15, Block 15, Smith's Subdivision of Stinson's Divison of the N.W. 1/4 of Section 36,
Township 29, Range 23, EXCEPT the South 20 feet thereof.
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Neighborhood Housing & Property Improvement on or before January 10, 2005, the following
are the now known interested or responsible parties for the Subject Property: Quinhon INC., 1443
Randolph Ave., St. Paul, MN 55105-1936; Bruce L. Stopher, Sr., 8248 E. Diamond Lane, Rogersville, MO
65742-7454; Hoang Pham, 1443 Randolph Ave., St. Paul, MN 55105
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 June 2, 2005; and
WIIEREAS, this order informed the then known 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 June 17, 2005; 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
WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing & Property
Improvement requested that the City Clerk schedule public hearings before the I.egislative Hearing Officer
of the City Council and the 5aint 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 Lzgislative Code, of the time, date, place and purpose of the
public hearings; and
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1 WHEREAS, a hearing was held before the Legislative Heazing Officer of the Saint Paul Ciry Council
2 on Tuesday, September 20, 2005 to hear testimony and evidence, and after receivmg testimony and
3 evidence, made the recommendation to approve the request to order the mterested or responsffile parties to
4 make the Subject Property safe and not detrunental to the public peace, health, safety and welfare and
5 remove its blightmg mfluence on the community by
6 ,_� demolishing and removing the structure in
7 accordance with all applicable codes and ordinances. The rehabi&tatian�r demolition of the structure to be
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completed within frfteen-(�) twentv (201 days after the date ofthe Council Hearing; and
WHEREAS, a heazing was held before the Saint Paul City Councfl on Wednesday, October 5, 2005
and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered
by the Councd; 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 441 University Avenue West:
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That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative
Code, Chapter 45.
That the costs of demolition and removal of this building(s) is estimated to exceed three
thousand dollazs ($3,000.00).
That there now exists and has e�sted multiple Housing or Building code violations at the
Subject Property.
That an Order to Abate Nuisance Building(sj 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 conected.
That Neighborhood Housing & Property Improvementhas posted a placazd 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
Improvemen� Vacant/Nuisance Buildings.
That the known interested parties and owners aze as previously stated in this resolution and
tt�at the notification requirements of Chapter 45 have been fulfilled.
•'� '
The Saint Paul City Council hereby makes the following order:
1. 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
,_� demolishing and removing the structure in accordance with all
applicable codes and ordinances. The - ' -- ' - `rorravaii�iian-or demolition and removal ofthe structure must
be completed within �5j twentv (20) days after the date of the Council Hearing.
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1 2. If the above corrective action is not completed within this period of time Neighborhood Housing &
2 Property Improvement is hereby authorized to take whatever steps aze necessary to demolish and
3 remove this structure, fill the site and chazge the costs incurred against the Subject Property
4 pursuant to the provisions of Chapter 45 of the Saint Paul L.egislative Code.
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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 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 I,egislative Code.
Yeas Navs Absent
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Adopted by Council: Date _� 07 �
Adoption Certified by Council Secretary
By:
Appr
By:
Requested by Department of:
Nei hborhoo Housin Pro ert Im rovement
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartrnenUoffice/council: Datelnitiated: �+
NH N�;��,�H��� 02SEP-05 Green Sheet NO: 3027894
Contact Person & Phone: � �pa��t Sent To Person InitiaUDate
Andy Dawkins � 0 rh H
2661927 p5gign 1 rhood Ho - armient Director �" Q
i Must Be on Couneil /yqentla by (Date): Num6er 2 • Attorne
05-0CT-0.5 pa�
Routing 3 or's Office Ma odASSistant
Order < o��
5 ' Clak i Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
City Council to pass this resoluflon wluch will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with the resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property
is located at 441 University Avenue West
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following �uestions:
Planning Commission 1. Has ihis 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 ciry employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
. wrreM city employee?
Yes No
Explain all yes answers on separete 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 Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legislafive Code. The owners, interested parties and responsible puties ]mown to the Enforcement Officer were given an order to
repair or remove the building at 441 University Avenue West by June 17, 2005, and have failed to comply with those orders.
Ativantages If Approved:
The City will eliminate a nuisance.
Disddvdntages If Approved:
The City wiil spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special
assessment against the property taxes.
Disadvantages If Not Approved:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
Total Amount of
Transaction: 65000 CosURevenue Butlgeted: y
Funding Source: Nuisance Housing Activity Number: 30251 �E� 1 3 2��5
Financiallnformation: Abatement
(F�cplain) Re�sarc� C�Mer �{�°1f ATTOF�NEY
SEP 14 2005
NEIGHBORHOOD HOUSLYG & PROPERTY ,MPROVEMENT
Andy Dawkirzr, Progr¢m �Nanager �
t,i 1 1 �F' J�r PA�. Nuisanre Building Code Enforcement
Raxdy C. Kelly, Mayor 1600 Nortl� Wkite BearAvenue Te[: 651-266-1900
Saint Pauf, M�V 55/06 F¢c: 65I-266-19?6
September 2, 200�
NOTICE OF PUBLIC HEARIi�TGS
Council President and
Members of the City Council
Neighborhood Housing & Property Improvement , Vacant/Nuisance Buildin�s Enforcement
Division has requested the City Council schedule public hearings [o consider a resolution
ordering the repair or removal of the nuisance buildina(s) located at:
441 University Avenue West
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, September 20, 2005
City Council Hearing - Wednesday, October 5, 2005
The owners and responsible parties of record aze:
Name and Last Known Address
Quinhon INC.
1443 Randolph Ave.
St. Paul, MN 55105-1936
Bruce L. Stopher, Sr.
8248 E. Diamond Lane
Rogersville, MO 65742-7454
Hoang Pham
1443 Randolph Ave.
St. Paul, NIlV 55105
The legal description of this property is:
Interest
Fee Owner
Mortgage Holder
Fee Owner
L.ot 15, Block 15, Smith's Subdivision of Stinson's Divison of the N.W. 1/4 of Section 36.
Township 29, Range 23, EXCEPT the South 20 feet thereof.
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441 University Avenue West
September 2, 200�
Page 2
Neighborhood Housing & Property Improvement has declared this building(s) to constitute a
"nuisance" as defined by Le�islative Code, Chapter 45. Neighborhood Housin� & Property
Imgrovement has issued an order to the then known responsible parties to eliminate this nuisance
condition by correctin� the deficiencies or by razin� and removing this buildin�(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 properEy. It is the
recommendation of the Neighborhood Housin� & 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 Housing & P.roperty
Improvement to proceed to demolition and removai, and to assess the costs incurred against the
real estate as a special assessment to be collected in the same manner as ta�ces.
Sincerely,
�e
, . � ii �
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing & Property Improvement
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cc: Frank Ber;, Buiiding Inspection and Design
Judy Hanson, City Attorneys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
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LEGISLATIVE HEARING AGENDA FOR SEPTEMBER 20, 2005 Page 17
and have started working on the property. There was an issue with the bond. The bond was there
or supposed to be put in and it was not. Mr. Williams responded it got worked out the same day.
Ms. Moermond stated it sounds like the owner knows what he is doing, which she likes to see.
She would like a statement of what he plans to do in the rehab. Mr. Williams responded he would
like to make a copy of the Code Compliance Report and add dates indicating when the items aze
completed or will be done.
Ms. Moermond asked if he had the financial wherewithal to do the work. Mr. Williams responded
that he takes out loans for every property
Ms. Moermond asked how much time he needs. Mr. Williams responded "120 days."
Ms. Moermond recommends granting the owner 120 days on condition that a work plan is
submitted by noon of October 5, 2005. Mr. Magner stated the work plan needs to include a
completion date next to each item on the Code Compliance 7nspection Report.
� Resolution ordering the owner to remove or repair the building(s) at 441 Universitv Avenue
West. If the owner fails to comply with the order, Neighborhood Housing and Property
Improvement is ordered to remove the building(s).
Steve Johnson, representative for the owner, BSI Construction, appeared and stated they are
looking at putting up a new building at this location. It will be a pre cast structure. It will be in
December when the panels arrive and they start the construction. They are looking at a mid
October construction for the start up for the foundation and drain tile system. He is just acting on
the notice on behalf of the owner.
Steve Magner reported this is a two story brick building and has been vacant since 12-6-04. The
current owner is Hoang Pham. The owner originally discuss he was going to obtain a demolirion
permit and it was going to be demolished in the spring 2005. There were two sununary abatement
notices to remove a large piece of tin from the roof and loose brick from the building. On 5-16-
05, 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
posted on 6-2-OS with a compliance date of 6-17-05. 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 haue not been paid as of today. Taxation has placed an estimated market value
of $54,800 on the land and $209,200 on the building. A$2,000 bond has not been posted. Rea1
Estate taxes are delinquent in the amount of $4,494. Code Enforcement offices estimate the repair
to be $200,000 to $250,000. The estimated cost to demolish is $45,000 to $65,000.
Mr. Magner stated that the building is a nuisance and has a dilapidated structure. There are a lot
of concerns and complaints from the neighborhood and other factions of the City. Mr. Magner has
spoken to Mr. Johnson and been appraised that this demolition would occur and permits would be
taken out. Originally, he said it was not a problem. NIIPI held out on this hearing process for
that, but it hasn't happened. NHPI is seeking a resolution to get a commitment out of the owner to
physically remove this structure. A union masoner looked at this and he is concerned that more of
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LEGISLATIVE HEARING AGENDA FOR SEPT'EMBER 20, 2005 Page 18
the facade will rain down on the sidewalk.
Ms. Moermond asked if they have run cost differences. Mr. Johnson responded they have. There
is that gray period where covsmiction can't start unril the closing has been completed with the
bank. They aze waiting on the appraiser.
Ms. Moermond stated she is wondering about the cost difference of lmocking it down now or
later. Mr. Johnson responded that if he knocked it down now, he couldn't start construction for
120 days until lien rights aze covered. Mr. Magner added that would be if the contractor hired
someone to do the demolifion versus the City. The City would use City funds to demolish the
building and ultunately assess the ta��es.
Mr. Johnson stated that part of the building has to be shared for the excavation. The thought
process was to put a fence azound the properiy to secure the site. They wouid pull a perxnit to
close the sidewalk for conshuction. The City made improvements to the side of the building for
loose bricks. The fence will be coming soon. They have not applied for the permit yet. Mr.
Magner responded that Public Works always has a concern about a delay in the process because
they do not like shutting down sidewalks on busy corridors.
Ms. Moermond asked when the building will come down. Mr. 7ohnson responded that there aze
several things to do before they take the building down. They will be having the foundation built.
Ms. Moermond stated if the building is going to be lrnocked down, when would it start. Mr.
Magner responded if this issue passed Council on October 5, it would be signed about October 10,
and then there would be 15 days. It would be about the end of the month when an order would be
sent to proceed with the demolition. If they have a demolition pernut a month from now, the site
is fenced out, and the contractor is warking, the owner is within the tune period and the City
would not take any action. There needs to be a physical commitment in the way of a demolition
permit. Mr. Johnson responded a11 those things are in process right now. The middle of October
is when they will start the process of knocking it down. Ms. Moermond responded it sounds like
the City and he aze on the same page.
Ms. Moermond stated it would be helpfizl if the Council granted a 30 day remove or repair. That
gives more weeks for the process to move along. Ms. Moermond asked if he wants to remove it
himself or have the City remove it. Mr. Johnson responded they would like to remove it
themselves:
Ms. Moermond stated she is concerned about bricks falling on people when the City is aware there
is a problem.
(An unidentified person from the audience now spoke.) He is the owner of a nearby business and
little rocks are falling on people. Someone could be hurt.
Mr. Johnson stated it would be a good idea to put up a fence at this time.
(Another unidentified person from the audience now spoke.) A fence would be a problem because
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LEGISLATIVE HEARING AGENDA FOR SEPTEMBER 20, 2005 Page 19
people will have to walk azound it. Ms. Moermond responded that is Public Works' call. She has
seen them handle this situation by calling for a tunnel and scaffolding put up. Mr. Johnson
responded for constnicting part for the foundarion, they will have to come from Aivvdel and drive
down into the site to work. There will not be an ability to have a tunnel, but University would be
able to have a tunnel.
Ms. Moermond stated she is concerned about the right of way being stabilized. She is not hearing
from staff that this building will fall down, but someone could get a head injury. If she could get
this building stabilized, she will give him the time that he needs. She asked if there insurance.
Mr. Johnson responded there would have to be liability insurance there.
Ms. Moermond asked who owns the building. Mr. Johnson responded Quin Yung Corporation.
Mr. Magner stated that his office does not have proof that this project is going ahead. If there is
proof that the contractor has offered to obtain the fmancing for this project, then he would have no
doubts that they would demolish the building. They also should submit information on the
liability insurance. Mr. Johnson responded the City will get a certificate for his insurance.
Mr. Magner stated a large tas amount has not been paid, so people may wonder if they are paying
for insurance. Mr. Johnson responded he can get that information to Mr. Magner.
Ms. Moermond stated she will recommend that the City Council grant 30 days to remove or repair
the building. If they get the sidewalk fenced or appropriate tunnel put in, he will be in the office
and appiying for that by the end of business tomonow. Also, he will have notified Mr. Magner's
office of the insurance that exists on this property to handle potential claims that could arise. If
these things are not done by the end of business tomorrow, she will recommend that the City
Couincil amend the resolution to five days to remove or repair.
Ms. Moerxnond recommends granting the owner 30 days to remove or repair the building on the
following conditions: 1) owner applies for a sidewalk fence by September 21; 2) owner norifies
the City of the insurance information for the property. If these things are not done, Ms.
Moermond will recommend that the City Council amend the resolution to remove or repair within
five days.
Resolution ordering the owner to remove or repair the building(s) at 769 Tatum Street. If
the owner fails to comply with the order, Neighborhood Housing and Property
Improvement is ordered to remove the building(s).
Steve Magner reported that this is a two story wood frame single family dwelling and has been
vacant since 9-15-04. The current owner is L03 Holdings. There l�a�e been ten suminary
abatement notices to remove debris, animal waste, tall grass and weeds, scrap metal, etc. On 6-2-
O5, 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
posted on 7-19-OS with a compliance date of 8-17-05. 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 have been paid. Taxation has placed an estimate market value of $53,500 on the
City of Saint Paul
City Council Research Center
Room 310 City Hall
Saint Paul, MN 55102
651 266-8570
INTER-DEPARTMENTAL MEMORANDUM
DATE:
TO
FROM:
October 12, 2005
Councilmember Montgomery
Marcia Moermond, Legislative Hearing Officer
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RE: Council Agenda Today — Item for Reconsideration -- 441 University Avenue
Last week in the public hearing portion of the Council Agenda, the Council adopted an Order to
Remove 441 University Avenue within 5 days — based upon my recommendation. Over the
course of the following day, I received information that the property owner had indeed met the
conditions specified in the legislative hearing: 1) to get a permit to block the right of way or
create a pedeslrian tunnel to protect passers-by from falling bricks; and 2) provide the City with
docuxnentation which shows adequate liability insurance. It appeared at the time of the heazing
that neither of these had taken place. On further review, it seems that there were mistakes in
Council O�ces with the routing of correspondence on the insurance and in Public Works, with a
time lag between application for the permits and when this information was posted in their
database. I have communicated with Steve Magner on this situation and he will not be
proceeding with the demolition until the Council confirms its intent.
For these reasons, I am requesting that you make a motion for suspension of rules and
reconsideration of Council File # 05-950. I further request that tlus Order be amended to give the
owners 20 days to remove the building. Thank you for your consideration of this request.
cc: Councilmembers
Manuel Cervantes
Trudy Moloney
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WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, September 20, 2005 to hear testimony and evidence, and after receiving testimony
d evidence, made the recommendarion to approve the request to order the interested or responsible
pa 'es to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare
and ove its blighting influence on the community by
,_� demolishing and removing the structure in
accordanc with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be
completed in frfteen-(�Sj five 5 days after the date of the Council Hearing; and
WI-IEREA a hearing was held before the Saint Paul City Council on Wednesday, October 5, 2005
and the testimony an evidence including the action taken by the Legislative Hearing Officer was
considered by the Co '1; now therefore
B� IT RESOLVED, at based upon the tesrimony and evidence presented at the above referenced
public hearings, the Saint Paul ty Council hereby adopts the following Findings and Order conceming
the Subject Property at 441 Univ sity Avenue West:
1
2.
c
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That the Subject Prope comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 5.
That the costs of demolition removal of this building(s) is estimated to exceed three
thousand dollars ($3,000.00).
That there now exists and has
Subject Property.
Housing or Building code violations at the
That an Order to Abate Nuisance Building(s)
to correct the deficiencies or to demolish and
sent to the then laiown responsible parties
>ve the building(s).
5. That the deficiencies causing this nuisance conditi have not been corrected.
6. That Neighborhood Housing & Property Improvement s posted a placard on the Subject
Properiy which declares it to be a nuisance condition sub ct to demolition.
7. That this building has been routinely monitored by
Improvement, Vacant/Nuisance Buildings.
Housing & Property
8. That the lrnown interested parties and owners are as previously stat 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:
1. The above referenced interested or responsible parties shall make the Subject Property s e and not
detrimental to the public peace, health, safety and welfaze and remove its blighting influe e on the
community by
' ,_' � demolishing and removing the structure in accordance wi all
applicable codes and ordinances. The rehabilitarion or demolition and removal of the structure
must be completed within frfteen five 5 days after the date of the Council Hearing.
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1 2. If the above corrective action is not completed within this period of time Neighborhood Housing &
2 Property Improvement is hereby authorized to take whatever steps are necessary to demolish and
3 remove this structure, fiil the site and charge the costs incurred against the Subject Property
4 pursuant to the provisions of Chapter 45 of the Saint Paul I.egislative Code.
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6 3.
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the event the building is to be demolished and removed by the City of Saint Paul, all personal
p erty or fixtures of any kind which interfere with the demolition and removal shall be removed
fro the property by the responsible parties by the end of this time period. If all personal properiy
is not moved, it shall be considered to be abandoned and the City of Saint Paul shall remove and
dispose such property as provided by law.
4. It is further o ered, that a copy of this resolution be mailed to the owners and interested parties in
accordance with hapter 45 of the Saint Paul Legislative Code.
Requested by Department of:
Benanav
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Bostrom
Thune
Harris
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Absent Nei hborhood Housin Pro ert Im rovement
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by Ci�y! Attorney
Adopted by Council: Date
Adoption Certified by Council Secretary
BY � —�Ll��/-/ � �i�S�/�✓
Approved by M� r: Date
BY: �� �Dt ��hr � /�i"�dv
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